What was the outcome of Tenancy Tribunal case 4699030?

The tribunal order states: Patricia Davis owes 360 Property Management Limited as Agent for Hongmei

How much money was awarded in case 4699030?

Filing Fee: $20.44 awarded to landlord; Property Damage: $477.25 awarded to landlord; Unblock Toilet: $297.67 awarded to landlord; Water Rates: $802.54 awarded to landlord

What type of tenancy dispute was case 4699030?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4699030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9937120-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4699030?

The tribunal order states: Patricia Davis owes 360 Property Management Limited as Agent for Hongmei

How much money was awarded in case 4699030?

Filing Fee: $20.44 awarded to landlord; Property Damage: $477.25 awarded to landlord; Unblock Toilet: $297.67 awarded to landlord; Water Rates: $802.54 awarded to landlord

What type of tenancy dispute was case 4699030?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4699030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9937120-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland Tenancy Tribunal Case 4699030 — Property damage

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Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland Tenancy Tribunal Case 4699030 — Property damage | 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 4699030 — net $1,597.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to and including the reading 30.1.24	$802.54	Water rates (to and including the reading 30.1.24
Repairs	$477.25	Repairs
Unblock toilet	$297.67	Unblock toilet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,597.90
Total payable by Tenant to Landlord	$1,597.90

Claims and awards for application 4699030 — net $1,597.90 NZD. Verify on MoJ.

Water rates (to and including the reading 30.1.24

Amount: $802.54
Awarded to: Landlord
Reason: Water rates (to and including the reading 30.1.24

Repairs

Amount: $477.25
Awarded to: Landlord
Reason: Repairs

Unblock toilet

Amount: $297.67
Awarded to: Landlord
Reason: Unblock toilet

Filing fee reimbursement

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

Net award

Landlord $1,597.90

Total payable by Tenant to Landlord

Landlord $1,597.90

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Patricia Davis owes 360 Property Management Limited as Agent for Hongmei Zhang $1,597.90 (“the debt”) as shown in the table below.
Patricia Davis must pay rent and the debt as follows: a. By 31 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $697.90, being $650.00 for rent and $47.90 for the debt. c. Payments will be every Thursday, with the first payment on 22/02/2024 and continuing until 26/09/2024.
Payments will be allocated in the following order: rent, overdue invoices, and the filing fee.
If the tenant fails to pay rent and debt payments within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland 2019 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 amounts due for water rates and for repairs to the premises.
On 7 September 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy. The tenant has kept up to date with her rent payments and has been making payments toward water rates but not at a rate sufficient to keep up with consumption charges. I am satisfied the tenant should have the chance to clear the debt within the period prescribed. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The Tribunal does not have jurisdiction to Order that the tenant make regular payments toward future water charges but the history of water usage suggests that if $25.00 per week were paid towards water charges it would prevent further debt accruing.
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 360 Property Management Limited has 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 4699030 — net $1,597.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to and including the reading 30.1.24	$802.54	Water rates (to and including the reading 30.1.24
Repairs	$477.25	Repairs
Unblock toilet	$297.67	Unblock toilet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,597.90
Total payable by Tenant to Landlord	$1,597.90

Claims and awards for application 4699030 — net $1,597.90 NZD. Verify on MoJ.

Water rates (to and including the reading 30.1.24

Amount: $802.54
Awarded to: Landlord
Reason: Water rates (to and including the reading 30.1.24

Repairs

Amount: $477.25
Awarded to: Landlord
Reason: Repairs

Unblock toilet

Amount: $297.67
Awarded to: Landlord
Reason: Unblock toilet

Filing fee reimbursement

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

Net award

Landlord $1,597.90

Total payable by Tenant to Landlord

Landlord $1,597.90

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

Patricia Davis owes 360 Property Management Limited as Agent for Hongmei Zhang $1,597.90 (“the debt”) as shown in the table below.
Patricia Davis must pay rent and the debt as follows: a. By 31 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $697.90, being $650.00 for rent and $47.90 for the debt. c. Payments will be every Thursday, with the first payment on 22/02/2024 and continuing until 26/09/2024.
Payments will be allocated in the following order: rent, overdue invoices, and the filing fee.
If the tenant fails to pay rent and debt payments within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland 2019 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 amounts due for water rates and for repairs to the premises.
On 7 September 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy. The tenant has kept up to date with her rent payments and has been making payments toward water rates but not at a rate sufficient to keep up with consumption charges. I am satisfied the tenant should have the chance to clear the debt within the period prescribed. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The Tribunal does not have jurisdiction to Order that the tenant make regular payments toward future water charges but the history of water usage suggests that if $25.00 per week were paid towards water charges it would prevent further debt accruing.
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 360 Property Management Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4699030 — Property damage at Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland

At a glance

Tenancy Tribunal case 4699030 — Property damage at Unit/Flat 2, 13 Greenstone Place, Clover Park, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions