How much money was awarded in case 4682331?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,838.11 awarded to landlord; Water Rates: $664.65 awarded to landlord

What type of tenancy dispute was case 4682331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4682331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664720-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4682331?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,838.11 awarded to landlord; Water Rates: $664.65 awarded to landlord

What type of tenancy dispute was case 4682331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4682331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9664720-Tribunal_Order_Redacted.pdf.

61 Sheehan Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4682331 — Rent arrears

Q: What was Tenancy Tribunal case 4682331 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4682331 — net $1,483.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,838.11	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$664.65	Water rates
Net award	$1,483.20
Total payable by Tenant to Landlord	$1,483.20

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.

The Bond Centre is to pay the bond of [Bond number suppressed] to immediately. 3. by 11:59pm Thursday 23 November 2023, calculated as shown in the table below.

Full payment of the rent arrears must be made on or before 11:59pm Thursday 23 November 2023.

The tenant must keep rent payments up to date during this period.

If the tenant fails to pay the arrears in full within 2 working days of the due date, the tenancy at 61 Sheehan Avenue Papakura, Auckland will terminate and the landlord will have immediate possession of the premises.

The balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The landlord attended the hearing by remote teleconference. There was no attendance by the tenants. Attempts to call the tenants on the telephone numbers provided went straight to answerphone.

The landlord has applied for conditional termination of the tenancy for breach of the tenant’s obligations.

The landlord has also applied for rent arrears and overdue water invoices and has provided evidence which prove the amounts owing. Having sighted the rent ledgers and outstanding water usage charges I am satisfied that the tenant is responsible for payment of these amounts.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay the rent as required. On 1 September 2023, 9 September 2023, 17 October 2023, 31 October 2023 and 9 November 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the landlord I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Because has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 4682331 — net $1,483.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,838.11	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$664.65	Water rates
Net award	$1,483.20
Total payable by Tenant to Landlord	$1,483.20

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
The Bond Centre is to pay the bond of [Bond number suppressed] to immediately. 3. by 11:59pm Thursday 23 November 2023, calculated as shown in the table below.
Full payment of the rent arrears must be made on or before 11:59pm Thursday 23 November 2023.
The tenant must keep rent payments up to date during this period.
If the tenant fails to pay the arrears in full within 2 working days of the due date, the tenancy at 61 Sheehan Avenue Papakura, Auckland will terminate and the landlord will have immediate possession of the premises.
The balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The landlord attended the hearing by remote teleconference. There was no attendance by the tenants. Attempts to call the tenants on the telephone numbers provided went straight to answerphone.
The landlord has applied for conditional termination of the tenancy for breach of the tenant’s obligations.
The landlord has also applied for rent arrears and overdue water invoices and has provided evidence which prove the amounts owing. Having sighted the rent ledgers and outstanding water usage charges I am satisfied that the tenant is responsible for payment of these amounts.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay the rent as required. On 1 September 2023, 9 September 2023, 17 October 2023, 31 October 2023 and 9 November 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the landlord I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4682331 — Rent arrears at 61 Sheehan Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4682331 — Rent arrears at 61 Sheehan Avenue, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions