What was the outcome of Tenancy Tribunal case 4745430?

The tribunal order states: Levene Faatoina Jeanette Fetaoai Pologa owes TBT Property Management

How much money was awarded in case 4745430?

Filing Fee: $20.44 awarded to landlord; Water Rates: $354.65 awarded to landlord

What type of tenancy dispute was case 4745430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4745430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9899939-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4745430?

The tribunal order states: Levene Faatoina Jeanette Fetaoai Pologa owes TBT Property Management

How much money was awarded in case 4745430?

Filing Fee: $20.44 awarded to landlord; Water Rates: $354.65 awarded to landlord

What type of tenancy dispute was case 4745430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4745430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9899939-Tenancy_Tribunal_Order.pdf.

430 Great South Road, Opaheke, Papakura 2113 Tenancy Tribunal Case 4745430 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4745430 — net $375.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$354.65	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$375.09
Total payable by Tenant to Landlord	$375.09

Levene Faatoina Jeanette Fetaoai Pologa owes TBT Property Management Limited $730.00 for rent arrears (“the debt”).

Levene Faatoina Jeanette Fetaoai Pologa must pay rent and the debt as follows: a. By a payment of $730.00 being the full amount of the debt by 5 March 2024 as well as usual payments of rent of $730.00 the next of which is due on Friday 2 February 2024 and every Friday after that.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 430 Great South Road, Opaheke, Papakura 2113 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Levene Faatoina Jeanette Fetaoai Pologa must pay TBT Property Management Limited $375.09 immediately, calculated as shown in table below:

Reasons

Mr Singh attended the hearing for the landlord. The tenant did not attend. I conducted the hearing by phone. My call to the tenant could not be answered.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to allow the tenant time 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 rent when due.

On 17 November 2023 the landlord served a 14-day notice on the tenant. Most of the rent arrears were then paid, but there remains outstanding 1 week’s rent which was due on 26 January 2024.

Given the history of rent arrears shown in the landlord’s rent summary produced in evidence, it would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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 landlord may enforce the order if the breach is not remedied within 2 working days.

The possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

The tenant also owes water rates, proved by the production of water rates records. The landlord sought a separate money order for the outstanding water rates and the Tribunal filing fee. That amount is due immediately but is not part of the conditional termination order.

Order

Claims and awards in Tenancy Tribunal application 4745430 — net $375.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$354.65	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$375.09
Total payable by Tenant to Landlord	$375.09

Levene Faatoina Jeanette Fetaoai Pologa owes TBT Property Management Limited $730.00 for rent arrears (“the debt”).

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

Levene Faatoina Jeanette Fetaoai Pologa must pay TBT Property Management Limited $375.09 immediately, calculated as shown in table below:

Reasons

Mr Singh attended the hearing for the landlord. The tenant did not attend. I conducted the hearing by phone. My call to the tenant could not be answered.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to allow the tenant time to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The tenant breached their obligations by failing to pay rent when due.

On 17 November 2023 the landlord served a 14-day notice on the tenant. Most of the rent arrears were then paid, but there remains outstanding 1 week’s rent which was due on 26 January 2024.

Given the history of rent arrears shown in the landlord’s rent summary produced in evidence, it would be inequitable to refuse to terminate the tenancy.

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 landlord may enforce the order if the breach is not remedied within 2 working days.

The possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 4745430 — Tenancy dispute at 430 Great South Road, Opaheke, Papakura 2113

At a glance

Tenancy Tribunal case 4745430 — Tenancy dispute at 430 Great South Road, Opaheke, Papakura 2113

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