What was the outcome of Tenancy Tribunal case 4758157?

The tribunal order states: Noeline Hunter owes Mcdonald Property Management Limited As Agent For

How much money was awarded in case 4758157?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,125.00 awarded to landlord; Water Rates: $2,252.84 awarded to landlord

What type of tenancy dispute was case 4758157?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9941828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4758157?

The tribunal order states: Noeline Hunter owes Mcdonald Property Management Limited As Agent For

How much money was awarded in case 4758157?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,125.00 awarded to landlord; Water Rates: $2,252.84 awarded to landlord

What type of tenancy dispute was case 4758157?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9941828-Tenancy_Tribunal_Order.pdf.

2 Etwall Court, Dannemora, Auckland 2016 Tenancy Tribunal Case 4758157 — Rent arrears

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2 Etwall Court, Dannemora, Auckland 2016 Tenancy Tribunal Case 4758157 — 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 4758157 — net $3,398.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2024	$1,125.00	Rent arrears to 14 February 2024
Water rates	$2,252.84	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,398.28
Total payable by Tenant to Landlord	$3,398.28

Claims and awards for application 4758157 — net $3,398.28 NZD. Verify on MoJ.

Rent arrears to 14 February 2024

Amount: $1,125.00
Awarded to: Landlord
Reason: Rent arrears to 14 February 2024

Water rates

Amount: $2,252.84
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $3,398.28

Total payable by Tenant to Landlord

Landlord $3,398.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Noeline Hunter owes Mcdonald Property Management Limited As Agent For Foong Yin Chong $3,398.28 (“the debt”) as set out in table below.
Noeline Hunter must pay rent and the debt as follows: a. Payment of $850.00 on 15 February 2024 towards current rent. b. By 11 fortnightly payments of $2,000.00, being $1,700.00 for rent and $300.00 for the debt every other Wednesday, with the first payment on 21/02/2024 and continuing until 24/07/2024 c. A final payment of $1,798.28, being $1,700.00 for rent and $98.28 for the debt.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and/or the debt within 3 working days of the due dates: a. The tenancy at 2 Etwall Court, Dannemora, Auckland 2016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
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 being in arrears in rent and water rates payments. A14-day notice on the tenant was served 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, 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 possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

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 4758157 — net $3,398.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2024	$1,125.00	Rent arrears to 14 February 2024
Water rates	$2,252.84	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,398.28
Total payable by Tenant to Landlord	$3,398.28

Claims and awards for application 4758157 — net $3,398.28 NZD. Verify on MoJ.

Rent arrears to 14 February 2024

Amount: $1,125.00
Awarded to: Landlord
Reason: Rent arrears to 14 February 2024

Water rates

Amount: $2,252.84
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $3,398.28

Total payable by Tenant to Landlord

Landlord $3,398.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Noeline Hunter owes Mcdonald Property Management Limited As Agent For Foong Yin Chong $3,398.28 (“the debt”) as set out in table below.
Noeline Hunter must pay rent and the debt as follows: a. Payment of $850.00 on 15 February 2024 towards current rent. b. By 11 fortnightly payments of $2,000.00, being $1,700.00 for rent and $300.00 for the debt every other Wednesday, with the first payment on 21/02/2024 and continuing until 24/07/2024 c. A final payment of $1,798.28, being $1,700.00 for rent and $98.28 for the debt.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and/or the debt within 3 working days of the due dates: a. The tenancy at 2 Etwall Court, Dannemora, Auckland 2016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
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 being in arrears in rent and water rates payments. A14-day notice on the tenant was served 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, 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 possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 4758157 — Rent arrears at 2 Etwall Court, Dannemora, Auckland 2016

At a glance

Tenancy Tribunal case 4758157 — Rent arrears at 2 Etwall Court, Dannemora, Auckland 2016

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