What was the outcome of Tenancy Tribunal case 4732609?

The tribunal order states: The tenancy of Selotia Alesana and William Malua Stuart at Unit/Flat A, 50

How much money was awarded in case 4732609?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,455.00 awarded to landlord; Water Rates: $428.59 awarded to landlord

What type of tenancy dispute was case 4732609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903098-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732609?

The tribunal order states: The tenancy of Selotia Alesana and William Malua Stuart at Unit/Flat A, 50

How much money was awarded in case 4732609?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,455.00 awarded to landlord; Water Rates: $428.59 awarded to landlord

What type of tenancy dispute was case 4732609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903098-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110 Tenancy Tribunal Case 4732609 — Rent arrears

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Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110 Tenancy Tribunal Case 4732609 — Rent arrears | 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 4732609 — net $504.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$2,455.00	Rent arrears to 31 January 2024
Water rates to 6 November 2023	$428.59	Water rates to 6 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$504.03
Total payable by Tenant to Landlord	$504.03

Claims and awards for application 4732609 — net $504.03 NZD. Verify on MoJ.

Rent arrears to 31 January 2024

Amount: $2,455.00
Awarded to: Landlord
Reason: Rent arrears to 31 January 2024

Water rates to 6 November 2023

Amount: $428.59
Awarded to: Landlord
Reason: Water rates to 6 November 2023

Filing fee reimbursement

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

Net award

Landlord $504.03

Total payable by Tenant to Landlord

Landlord $504.03

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Selotia Alesana and William Malua Stuart at Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110 is terminated, and possession is granted to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow, at 4pm on Friday, 9 February 2024.
The Bond Centre is to pay the bond of $2,400.00 (3343147-016) to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow immediately.
Selotia Alesana and William Malua Stuart must pay Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow $504.03 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 31 January 2024$2,455.00 Water rates to 6 November 2023$428.59 Filing fee reimbursement$20.44 Total award$2,904.03 Bond$2,400.00 Total payable by Tenant to Landlord$504.03

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986. Rent was 21 days in arrears at the date of the application.
I am not satisfied the tenant will pay the debt within a reasonable period or that it is unlikely to commit any further relevant breach. The tenant proposed a payment plan for repayment of the debt. The tenant indicated that the debt would be repaid within 3 to 4 months but gave no firm evidence of how that could be done.
In the circumstances, I was not persuaded that a conditional termination order is appropriate.
The tenancy is terminated and possession granted to the landlord at 4pm on Friday, 9 February 2024. How Much is Owed for Rent Arrears & Water?
The landlord provided water invoices and an up to date rent statement to prove the amounts owed. Water is awarded to the date of the application, as that is the most up to date invoice provided to the Tribunal.
Rent arrears as at today are $2,455.
As the landlord was successful, I have awarded reimbursement of the Tribunal application 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 4732609 — net $504.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$2,455.00	Rent arrears to 31 January 2024
Water rates to 6 November 2023	$428.59	Water rates to 6 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$504.03
Total payable by Tenant to Landlord	$504.03

Claims and awards for application 4732609 — net $504.03 NZD. Verify on MoJ.

Rent arrears to 31 January 2024

Amount: $2,455.00
Awarded to: Landlord
Reason: Rent arrears to 31 January 2024

Water rates to 6 November 2023

Amount: $428.59
Awarded to: Landlord
Reason: Water rates to 6 November 2023

Filing fee reimbursement

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

Net award

Landlord $504.03

Total payable by Tenant to Landlord

Landlord $504.03

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Selotia Alesana and William Malua Stuart at Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110 is terminated, and possession is granted to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow, at 4pm on Friday, 9 February 2024.
The Bond Centre is to pay the bond of $2,400.00 (3343147-016) to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow immediately.
Selotia Alesana and William Malua Stuart must pay Advantage Realty Limited T/A Harcourts Tauranga As Agent For Desmond Bristow $504.03 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 31 January 2024$2,455.00 Water rates to 6 November 2023$428.59 Filing fee reimbursement$20.44 Total award$2,904.03 Bond$2,400.00 Total payable by Tenant to Landlord$504.03

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986. Rent was 21 days in arrears at the date of the application.
I am not satisfied the tenant will pay the debt within a reasonable period or that it is unlikely to commit any further relevant breach. The tenant proposed a payment plan for repayment of the debt. The tenant indicated that the debt would be repaid within 3 to 4 months but gave no firm evidence of how that could be done.
In the circumstances, I was not persuaded that a conditional termination order is appropriate.
The tenancy is terminated and possession granted to the landlord at 4pm on Friday, 9 February 2024. How Much is Owed for Rent Arrears & Water?
The landlord provided water invoices and an up to date rent statement to prove the amounts owed. Water is awarded to the date of the application, as that is the most up to date invoice provided to the Tribunal.
Rent arrears as at today are $2,455.
As the landlord was successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4732609 — Rent arrears at Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110

At a glance

Tenancy Tribunal case 4732609 — Rent arrears at Unit/Flat A, 50 Meadowland Street, Matua, Tauranga 3110

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