What was the outcome of Tenancy Tribunal case 4684329?

The tribunal order states: The tenancy of Jins Kurain and Mamathamol Mathew at 35A Portage Road,

How much money was awarded in case 4684329?

Filing Fee: $20.44 awarded to landlord; Water Rates: $56.64 awarded to landlord

What type of tenancy dispute was case 4684329?

The primary dispute was 14-day notice. Related themes: Water Rates.

Where can I read the official tribunal order for case 4684329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4684329?

The tribunal order states: The tenancy of Jins Kurain and Mamathamol Mathew at 35A Portage Road,

How much money was awarded in case 4684329?

Filing Fee: $20.44 awarded to landlord; Water Rates: $56.64 awarded to landlord

What type of tenancy dispute was case 4684329?

The primary dispute was 14-day notice. Related themes: Water Rates.

Where can I read the official tribunal order for case 4684329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601954-Tenancy_Tribunal_Order.pdf.

35A Portage Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4684329 — 14-day notice

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35A Portage Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4684329 — 14-day notice | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4684329. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates (to 11/10/2023	$56.64		2. The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4684329. Verify on MoJ.

Water rates (to 11/10/2023

Amount: $56.64
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Jins Kurain and Mamathamol Mathew at 35A Portage Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Pinnacle Real Estate Rentals Limited As Agent For Sijo George, at 11:59pm on Saturday 11 November 2023
Jins Kurain and Mamathamol Mathew must pay immediately $114.97, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.

Should the tenancy be terminated?

The tenants have been consistently in breach of their obligations to pay the rent as and when it is due as per the tenancy agreement and pursuant to s40(1)(a) of the Residential Tenancies Act 1986. The landlord has provided numerous notices of these breaches to the tenants since July 2023 and numerous text message reminders to make prompt payment of these arrears. In addition, the tenants have not responded to the property managers communications and have not given any reasons for constantly being late with their rent payments.
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenants on 29 August 2023, 31 August 2023, 12 October 2023 and 24 October 2023 as required in the Residential Tenancies Act 1986. The application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Water rate bills and payment records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
Because Pinnacle Real Estate Rentals Limited As Agent For Sijo George has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4684329. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates (to 11/10/2023	$56.64		2. The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4684329. Verify on MoJ.

Water rates (to 11/10/2023

Amount: $56.64
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Jins Kurain and Mamathamol Mathew at 35A Portage Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Pinnacle Real Estate Rentals Limited As Agent For Sijo George, at 11:59pm on Saturday 11 November 2023
Jins Kurain and Mamathamol Mathew must pay immediately $114.97, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, water rate arrears for September and October and refund of the bond.

Should the tenancy be terminated?

The tenants have been consistently in breach of their obligations to pay the rent as and when it is due as per the tenancy agreement and pursuant to s40(1)(a) of the Residential Tenancies Act 1986. The landlord has provided numerous notices of these breaches to the tenants since July 2023 and numerous text message reminders to make prompt payment of these arrears. In addition, the tenants have not responded to the property managers communications and have not given any reasons for constantly being late with their rent payments.
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenants on 29 August 2023, 31 August 2023, 12 October 2023 and 24 October 2023 as required in the Residential Tenancies Act 1986. The application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Water rate bills and payment records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
Because Pinnacle Real Estate Rentals Limited As Agent For Sijo George has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4684329 — 14-day notice at 35A Portage Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4684329 — 14-day notice at 35A Portage Road, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions