What was Tenancy Tribunal case 4774607 about?

The tribunal order states: Vaitoelau Ma’aomoana Tofa must pay [The landlord/s] $5,172.30 immediately,

How much money was awarded in case 4774607?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4562921 D…: $672.79 awarded to landlord; Rent Arrears: $3,823.00 awarded to landlord; Water Rates: $656.07 awarded to landlord

What type of tenancy dispute was case 4774607?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4774607?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9947106-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4774607 about?

The tribunal order states: Vaitoelau Ma’aomoana Tofa must pay [The landlord/s] $5,172.30 immediately,

How much money was awarded in case 4774607?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4562921 D…: $672.79 awarded to landlord; Rent Arrears: $3,823.00 awarded to landlord; Water Rates: $656.07 awarded to landlord

What type of tenancy dispute was case 4774607?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4774607?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9947106-Tribunal_Order_Redacted.pdf.

38 Cormack Street, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4774607 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4774607 — net $5,172.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,823.00	Rent arrears
Previous order application 4562921 dated 20/07/2023	$672.79	Previous order application 4562921 dated 20/07/2023
Water rates	$656.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,172.30
Total payable by Tenant to Landlord	$5,172.30

Vaitoelau Ma’aomoana Tofa must pay [The landlord/s] $5,172.30 immediately, being rent arrears, reimbursement of filing fee and water bills to 12 February 2024. DescriptionLandlord Rent arrears$3,823.00 Previous order application 4562921 dated 20/07/2023$672.79 Water rates$656.07 Filing fee reimbursement$20.44 Total award$5,172.30 Total payable by Tenant to Landlord$5,172.30

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, reimbursement of the filing fee, termination of the tenancy and water bills. Rent arrears and water bills:

The landlord has provided rent records and water bills which prove the amount of $3823.00 in rent arrears and $1328.86 in water bills owing.

The $1328.86 for water bills covers the latest invoices of $656.07 and also the water bills from the previous order (4562921) for $672.79, dated 20 July 2023. I incorporate the previous order in this order for the water bills.

The tenant accepts that she owes water bills and rent arrears. Termination:

The landlord has served the tenant with a 90 days’ notice to terminate the tenancy due to the owner wanting to sell the property. The 90 days ends on 26 March 2024. The tenant accepts that she is moving out on or before the 26 March 2024.

At this hearing, the landlord seeks to terminate the tenancy immediately due to the rent arrears. I have declined to order immediate termination for the following reasons. The tenant is paying her rent each week. The rent arrears stem for February and March 2023. Since March 2023, the tenant has paid her rent each week.

The tenant has applied to obtain funds from her Kiwi Saver account to pay the rent arrears and water bills in full.

The landlord has not proven her claim for immediate termination for rent arrears, despite her protestations. I am refusing to make an order under s55(1) Residential tenancies Act 1986 (RTA), as I am satisfied that the rent arrears and water bills can be paid by the tenant, that there have not been any recent breaches of the Tenancy agreement , or RTA and the landlord will not suffer any loss by allowing the tenancy to remain in place until 26 March 2024. The tenant has paid her rent each week without fail for nearly a year therefore there will be no further breaches during this tenancy.

The water bills were unpaid because the landlord did not provide the tenant with invoices each month. There was a lengthy debate about when, if ever, the landlord had provided invoices to the tenant for the water bills. Regardless the tenant accepts responsibility for the water bills. Previous Order

The landlord had a hearing in July 2023 before Adjudicator Walker where the landlord sought water bills and rent arrears. The landlord obtained an order for water bills but did not seek enforcement of the unpaid water bills. The rent arrears were not ordered as the Tribunal was not able to determine how much was owed due to the poor records provided by the landlord to the Tribunal.

As the landlord has been largely successful and has asked for suppression of their name and details, I will grant suppression.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4774607 — net $5,172.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,823.00	Rent arrears
Previous order application 4562921 dated 20/07/2023	$672.79	Previous order application 4562921 dated 20/07/2023
Water rates	$656.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,172.30
Total payable by Tenant to Landlord	$5,172.30

Order

Vaitoelau Ma’aomoana Tofa must pay [The landlord/s] $5,172.30 immediately, being rent arrears, reimbursement of filing fee and water bills to 12 February 2024. DescriptionLandlord Rent arrears$3,823.00 Previous order application 4562921 dated 20/07/2023$672.79 Water rates$656.07 Filing fee reimbursement$20.44 Total award$5,172.30 Total payable by Tenant to Landlord$5,172.30

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, reimbursement of the filing fee, termination of the tenancy and water bills. Rent arrears and water bills:
The landlord has provided rent records and water bills which prove the amount of $3823.00 in rent arrears and $1328.86 in water bills owing.
The $1328.86 for water bills covers the latest invoices of $656.07 and also the water bills from the previous order (4562921) for $672.79, dated 20 July 2023. I incorporate the previous order in this order for the water bills.
The tenant accepts that she owes water bills and rent arrears. Termination:
The landlord has served the tenant with a 90 days’ notice to terminate the tenancy due to the owner wanting to sell the property. The 90 days ends on 26 March 2024. The tenant accepts that she is moving out on or before the 26 March 2024.
At this hearing, the landlord seeks to terminate the tenancy immediately due to the rent arrears. I have declined to order immediate termination for the following reasons. The tenant is paying her rent each week. The rent arrears stem for February and March 2023. Since March 2023, the tenant has paid her rent each week.
The tenant has applied to obtain funds from her Kiwi Saver account to pay the rent arrears and water bills in full.
The landlord has not proven her claim for immediate termination for rent arrears, despite her protestations. I am refusing to make an order under s55(1) Residential tenancies Act 1986 (RTA), as I am satisfied that the rent arrears and water bills can be paid by the tenant, that there have not been any recent breaches of the Tenancy agreement , or RTA and the landlord will not suffer any loss by allowing the tenancy to remain in place until 26 March 2024. The tenant has paid her rent each week without fail for nearly a year therefore there will be no further breaches during this tenancy.
The water bills were unpaid because the landlord did not provide the tenant with invoices each month. There was a lengthy debate about when, if ever, the landlord had provided invoices to the tenant for the water bills. Regardless the tenant accepts responsibility for the water bills. Previous Order
The landlord had a hearing in July 2023 before Adjudicator Walker where the landlord sought water bills and rent arrears. The landlord obtained an order for water bills but did not seek enforcement of the unpaid water bills. The rent arrears were not ordered as the Tribunal was not able to determine how much was owed due to the poor records provided by the landlord to the Tribunal.
As the landlord has been largely successful and has asked for suppression of their name and details, I will grant suppression.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4774607 — Rent arrears at 38 Cormack Street, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4774607 — Rent arrears at 38 Cormack Street, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions