What was Tenancy Tribunal case 4778780 about?

The tribunal order states: Patricia Luisa Seve and Jonathan Sebastion Isaako owes [The landlord/s]

How much money was awarded in case 4778780?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,257.47 awarded to landlord; Water Rates: $165.45 awarded to landlord

What type of tenancy dispute was case 4778780?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4778780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9955361-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4778780 about?

The tribunal order states: Patricia Luisa Seve and Jonathan Sebastion Isaako owes [The landlord/s]

How much money was awarded in case 4778780?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,257.47 awarded to landlord; Water Rates: $165.45 awarded to landlord

What type of tenancy dispute was case 4778780?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4778780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9955361-Tribunal_Order_Redacted.pdf.

45 Stratford Road, Manurewa, Auckland 2105 Tenancy Tribunal Case 4778780 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4778780 — net $2,443.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 20/02/2024	$2,257.47	Rent arrears up to 20/02/2024
Water rates: Dec and Jan	$165.45	Water rates: Dec and Jan
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,443.36
Total payable by Tenant to Landlord	$2,443.36

Patricia Luisa Seve and Jonathan Sebastion Isaako owes [The landlord/s] $2,443.36 (“the debt”), calculated as in the table below.

Patricia Luisa Seve and Jonathan Sebastion Isaako must pay the debt in one lump sum on or before 5:00pm on Friday 16 February 2024.

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 rent arrears within 1 working day of the due date: a. The tenancy at 45 Stratford Road, Manurewa, Auckland 2105 will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.

Reasons

A representative for the landlord attended the telephone hearing today.

I tried to contact both tenants by phoning the mobile numbers twice each but both phones were on voicemail. I did decide to continue the hearing in their absence because they have been emailed and texted notice of the hearing today.

The landlord has made this application to the Tribunal because there are rent and water rates that are owing and there is a risk that the amount will increase which will make it more difficult for the landlord and for the tenants.

The landlord does want to try to give the tenants the chance to keep the tenancy going.

I encourage the tenants to meet or speak with the landlord as this will help everyone. Lump sum conditional termination order

The law says that the Tribunal may end a tenancy when there is rent or other money owing to the landlord and, if this is a large amount or there has been a pattern of missed payments, it would be unfair not to terminate the tenancy.

The landlord must have first given the tenant a written notice telling them that there is money owing and requiring them to pay the overdue amount within a reasonable time (of no less than 14 days). See section 56(1) Residential Tenancies Act 1986.

The rent ledger shows that the tenants have missed rent payments several times over the last 4 months. On 4 January 2024, the landlord sent a 14-day breach notice to the tenants, but the rent is behind as at today so there is still a breach of the tenancy agreement. It would be unfair to refuse to terminate the tenancy because of the number of times the rent has been missed and the financial stress on the landlord if this continues.

The ledger shows that amount owing for rent up until next Tuesday 20 February 2024 is $2,257.47.

Water rates of $165.45 (December $70.92 and January $94.53) are also owing.

Because the landlord has wholly succeeded with the claim I must also award the filing fee.

I agree that it would be best if the tenants were given a final chance to communicate with the property manager and make a plan to pay the amount owing.

I have decided to make this “lump sum payment” order instead of an immediate termination order. (This is called a “conditional termination order”). 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.

The landlord is entitled to suppression of name from publication as it has succeeded in the claim.

Claims and awards in Tenancy Tribunal application 4778780 — net $2,443.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 20/02/2024	$2,257.47	Rent arrears up to 20/02/2024
Water rates: Dec and Jan	$165.45	Water rates: Dec and Jan
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,443.36
Total payable by Tenant to Landlord	$2,443.36

Order

Patricia Luisa Seve and Jonathan Sebastion Isaako owes [The landlord/s] $2,443.36 (“the debt”), calculated as in the table below.
Patricia Luisa Seve and Jonathan Sebastion Isaako must pay the debt in one lump sum on or before 5:00pm on Friday 16 February 2024.
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 rent arrears within 1 working day of the due date: a. The tenancy at 45 Stratford Road, Manurewa, Auckland 2105 will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.

Reasons

A representative for the landlord attended the telephone hearing today.
I tried to contact both tenants by phoning the mobile numbers twice each but both phones were on voicemail. I did decide to continue the hearing in their absence because they have been emailed and texted notice of the hearing today.
The landlord has made this application to the Tribunal because there are rent and water rates that are owing and there is a risk that the amount will increase which will make it more difficult for the landlord and for the tenants.
The landlord does want to try to give the tenants the chance to keep the tenancy going.
I encourage the tenants to meet or speak with the landlord as this will help everyone. Lump sum conditional termination order
The law says that the Tribunal may end a tenancy when there is rent or other money owing to the landlord and, if this is a large amount or there has been a pattern of missed payments, it would be unfair not to terminate the tenancy.
The landlord must have first given the tenant a written notice telling them that there is money owing and requiring them to pay the overdue amount within a reasonable time (of no less than 14 days). See section 56(1) Residential Tenancies Act 1986.
The rent ledger shows that the tenants have missed rent payments several times over the last 4 months. On 4 January 2024, the landlord sent a 14-day breach notice to the tenants, but the rent is behind as at today so there is still a breach of the tenancy agreement. It would be unfair to refuse to terminate the tenancy because of the number of times the rent has been missed and the financial stress on the landlord if this continues.
The ledger shows that amount owing for rent up until next Tuesday 20 February 2024 is $2,257.47.
Water rates of $165.45 (December $70.92 and January $94.53) are also owing.
Because the landlord has wholly succeeded with the claim I must also award the filing fee.
I agree that it would be best if the tenants were given a final chance to communicate with the property manager and make a plan to pay the amount owing.
I have decided to make this “lump sum payment” order instead of an immediate termination order. (This is called a “conditional termination order”). 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.
The landlord is entitled to suppression of name from publication as it has succeeded in the claim.

Tenancy Tribunal case 4778780 — Rent arrears at 45 Stratford Road, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 4778780 — Rent arrears at 45 Stratford Road, Manurewa, Auckland 2105

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