What was the outcome of Tenancy Tribunal case 4684591?

The tribunal order states: This order replaces the order issued on 7 December 2023.

How much money was awarded in case 4684591?

Rent Arrears: $3,000.00 awarded to landlord; Water Rates: $710.08 awarded to landlord

What type of tenancy dispute was case 4684591?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4684591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9891191-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4684591?

The tribunal order states: This order replaces the order issued on 7 December 2023.

How much money was awarded in case 4684591?

Rent Arrears: $3,000.00 awarded to landlord; Water Rates: $710.08 awarded to landlord

What type of tenancy dispute was case 4684591?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4684591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9891191-Tribunal_Order.pdf.

22 Reins Road, Takanini, Takanini 2112 Tenancy Tribunal Case 4684591 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4684591. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/2/2024	$3,000.00		Rent arrears to 1/2/2024
Water rates	$710.08		Water rates

This order replaces the order issued on 7 December 2023.

Joseph Galumalemana and Emanuel Live Pesamino owes The Rent Shop Limited As Agent For Ronak Khatri $3,710.08 (“the debt”) as set out in the table below.

Joseph Galumalemana and Emanuel Live Pesamino must pay rent and the debt as follows: a. By one lump sum payment of $3,000.00 for the rent arrears due by Thursday 1 February 2024. b. A weekly rent payment of $750 due by Friday 2 February 2024 and then every Friday thereafter. c. A regular payment towards the water arrears to be agreed with the landlord as soon as possible.

Payments will be allocated in the following order: rent, rent arrears, and then water arrears.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 22 Reins Road, Takanini, Takanini 2112 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

On 7 December 2023 the Tribunal made an order terminating the tenancy and refunding the bond to the landlord because of a long history of failure to pay rent and water rates. The tenant did not appear at that hearing.

The tenant filed a rehearing application, and the matter was set for a further hearing this morning to consider that application. The termination order was stayed in the order issued on 7/12/2023 on the basis that the tenant paid the weekly rent until the matter was reconsidered.

The tenant could not be contacted this morning for the rehearing.

The landlord appeared and said that the tenant has been paying weekly rent but nothing towards the arrears and had yesterday sent an email promising that all arrears would be paid by this Thursday and then the rent would then be paid on Friday and every Friday after that. The water arrears will also be paid.

The landlord agreed that this conditional termination order could be issued replacing the order issued on 7 December 2023.

The tenant MUST make the $3,000 payment promised on Thursday 1 February 2024 and then pay the weekly rent every Friday starting this Friday 2 February 2024. If he does not the tenancy WILL terminate as outlined and a further rehearing will not be granted.

The bond is to be sent back to the bond centre as it was released prior to the rehearing order being issued.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

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.

The tenant has breached their obligations by failing to pay the rent and water rates as required.

The landlord served a 14-day notice on the tenant on 14/8/2023, and the tenant did not remedy the breach within the required period.

The rent remains $3,000 in arrears.

It would be inequitable to refuse to terminate the tenancy.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

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

Claims and awards in Tenancy Tribunal application 4684591. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/2/2024	$3,000.00		Rent arrears to 1/2/2024
Water rates	$710.08		Water rates

Order

This order replaces the order issued on 7 December 2023.
Joseph Galumalemana and Emanuel Live Pesamino owes The Rent Shop Limited As Agent For Ronak Khatri $3,710.08 (“the debt”) as set out in the table below.
Joseph Galumalemana and Emanuel Live Pesamino must pay rent and the debt as follows: a. By one lump sum payment of $3,000.00 for the rent arrears due by Thursday 1 February 2024. b. A weekly rent payment of $750 due by Friday 2 February 2024 and then every Friday thereafter. c. A regular payment towards the water arrears to be agreed with the landlord as soon as possible.
Payments will be allocated in the following order: rent, rent arrears, and then water arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 22 Reins Road, Takanini, Takanini 2112 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

On 7 December 2023 the Tribunal made an order terminating the tenancy and refunding the bond to the landlord because of a long history of failure to pay rent and water rates. The tenant did not appear at that hearing.
The tenant filed a rehearing application, and the matter was set for a further hearing this morning to consider that application. The termination order was stayed in the order issued on 7/12/2023 on the basis that the tenant paid the weekly rent until the matter was reconsidered.
The tenant could not be contacted this morning for the rehearing.
The landlord appeared and said that the tenant has been paying weekly rent but nothing towards the arrears and had yesterday sent an email promising that all arrears would be paid by this Thursday and then the rent would then be paid on Friday and every Friday after that. The water arrears will also be paid.
The landlord agreed that this conditional termination order could be issued replacing the order issued on 7 December 2023.
The tenant MUST make the $3,000 payment promised on Thursday 1 February 2024 and then pay the weekly rent every Friday starting this Friday 2 February 2024. If he does not the tenancy WILL terminate as outlined and a further rehearing will not be granted.
The bond is to be sent back to the bond centre as it was released prior to the rehearing order being issued.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay the rent and water rates as required.
The landlord served a 14-day notice on the tenant on 14/8/2023, and the tenant did not remedy the breach within the required period.
The rent remains $3,000 in arrears.
It would be inequitable to refuse to terminate the tenancy.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 4684591 — Rent arrears at 22 Reins Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4684591 — Rent arrears at 22 Reins Road, Takanini, Takanini 2112

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