How much money was awarded in case 4789877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,085.68 awarded to landlord

What type of tenancy dispute was case 4789877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10196223-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4789877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,085.68 awarded to landlord

What type of tenancy dispute was case 4789877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10196223-Tribunal_Order_Redacted.pdf.

1498 Dominion Road Extension, Mount Roskill, Auckland Tenancy Tribunal Case 4789877 — Rent arrears

Q: What was Tenancy Tribunal case 4789877 about?

The tribunal order states: The tenancy of Daniel Maiala Seluini and Hepisipa Atelaite Seluini at 1498

Order

Claims and awards in Tenancy Tribunal application 4789877 — net $11,106.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.4.2024	$11,085.68	Rent arrears to 14.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,106.12
Total payable by Tenant to Landlord	$11,106.12

The tenancy of Daniel Maiala Seluini and Hepisipa Atelaite Seluini at 1498 Dominion Road Extension, Mount Roskill, Auckland 1041 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 14 April 2024.

Daniel Maiala Seluini and Hepisipa Atelaite Seluini must pay [The landlord/s] $11,106.12 immediately, calculated as shown in the table below:

Reasons

[The landlord/s], the landlord, attended the hearing by teleconference. Mr Seluini, representing he and Hepisipa Atelaite Seluini, also attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee. The landlord’s application was made on 24 January 2024.

Mr Seluini said he notified the landlord on 19 March 2024 that they would be moving out of the property by 25 March 2024. [The landlord/s] pointed out there had not been sufficient notice provided by Mr Seluini of their intention to vacate the property and also there were a number of items left outside the property, including rubbish, cameras the tenants had mounted at the property, a fire pit and other items. [The landlord/s] said the keys had not been returned to her yet.

Mr Seluini said he had messaged the landlord twice asking to meet on site and his intention was to give her the keys then, but had no reply. He said he initially left the keys under the air conditioning unit at the property but did not convey this specifically to the landlord. He then recovered the keys from there as they had been left outside for a few weeks then, he said. He acknowledged they still have some items of theirs left at the property, which they wish to collect with a trailer.

After much discussion, the parties agreed that possession of the property will be returned to the landlord on Sunday 14 April 2024. Mr Seluini is to ensure all his belongings, rubbish, other items and the cameras mounted by him, are all removed from the property by then. Mr Seluini is responsible for ensuring the return of the keys to [The landlord/s] on Sunday 14 April 2024.

Rent was at least 21 days in arrears on the date the application was filed. As such, the tenancy could have been terminated in this respect also. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord provided rent records which prove the amount owing to 8 April 2024, which is $10,400.00. Weekly rent is $800.00 so daily rent is $114.28. A further 6 days’ rent @ $114.28 is payable from 9 April 2024 to 14 April 2024, for a sub-total of $685.68. Therefore, the tenant owes the landlord a total of $11,085.68 in rent to 14 April 2024, which is when possession is to be returned to the landlord and is then the end of the tenancy.

Mr Seluini said the rent had not been paid because the landlord had not communicated with WINZ on the tenant’s behalf, nor had she responded to them as requested. The landlord disputed this and said she had made several attempts to contact WINZ for the tenants but was consistently told by WINZ there were privacy issues and she could not progress matters with them. In any event, it is the tenant’s responsibility to ensure the payment of rent, however that occurs, not the landlord’s.

Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.

Both parties requested name suppression.

As the landlord has been successful with the claim, she is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published.

Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

There was no evidence provided by the tenant during the course of the hearing, which would indicate that their personal interest in not having their names published outweighed the public interest in doing so. Therefore, I do not make a suppression order in relation to the tenant.

Claims and awards in Tenancy Tribunal application 4789877 — net $11,106.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.4.2024	$11,085.68	Rent arrears to 14.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,106.12
Total payable by Tenant to Landlord	$11,106.12

Order

The tenancy of Daniel Maiala Seluini and Hepisipa Atelaite Seluini at 1498 Dominion Road Extension, Mount Roskill, Auckland 1041 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 14 April 2024.
Daniel Maiala Seluini and Hepisipa Atelaite Seluini must pay [The landlord/s] $11,106.12 immediately, calculated as shown in the table below:

Reasons

[The landlord/s], the landlord, attended the hearing by teleconference. Mr Seluini, representing he and Hepisipa Atelaite Seluini, also attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee. The landlord’s application was made on 24 January 2024.
Mr Seluini said he notified the landlord on 19 March 2024 that they would be moving out of the property by 25 March 2024. [The landlord/s] pointed out there had not been sufficient notice provided by Mr Seluini of their intention to vacate the property and also there were a number of items left outside the property, including rubbish, cameras the tenants had mounted at the property, a fire pit and other items. [The landlord/s] said the keys had not been returned to her yet.
Mr Seluini said he had messaged the landlord twice asking to meet on site and his intention was to give her the keys then, but had no reply. He said he initially left the keys under the air conditioning unit at the property but did not convey this specifically to the landlord. He then recovered the keys from there as they had been left outside for a few weeks then, he said. He acknowledged they still have some items of theirs left at the property, which they wish to collect with a trailer.
After much discussion, the parties agreed that possession of the property will be returned to the landlord on Sunday 14 April 2024. Mr Seluini is to ensure all his belongings, rubbish, other items and the cameras mounted by him, are all removed from the property by then. Mr Seluini is responsible for ensuring the return of the keys to [The landlord/s] on Sunday 14 April 2024.
Rent was at least 21 days in arrears on the date the application was filed. As such, the tenancy could have been terminated in this respect also. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The landlord provided rent records which prove the amount owing to 8 April 2024, which is $10,400.00. Weekly rent is $800.00 so daily rent is $114.28. A further 6 days’ rent @ $114.28 is payable from 9 April 2024 to 14 April 2024, for a sub-total of $685.68. Therefore, the tenant owes the landlord a total of $11,085.68 in rent to 14 April 2024, which is when possession is to be returned to the landlord and is then the end of the tenancy.
Mr Seluini said the rent had not been paid because the landlord had not communicated with WINZ on the tenant’s behalf, nor had she responded to them as requested. The landlord disputed this and said she had made several attempts to contact WINZ for the tenants but was consistently told by WINZ there were privacy issues and she could not progress matters with them. In any event, it is the tenant’s responsibility to ensure the payment of rent, however that occurs, not the landlord’s.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
Both parties requested name suppression.
As the landlord has been successful with the claim, she is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
There was no evidence provided by the tenant during the course of the hearing, which would indicate that their personal interest in not having their names published outweighed the public interest in doing so. Therefore, I do not make a suppression order in relation to the tenant.

Tenancy Tribunal case 4789877 — Rent arrears at 1498 Dominion Road Extension, Mount Roskill, Auckland

At a glance

Tenancy Tribunal case 4789877 — Rent arrears at 1498 Dominion Road Extension, Mount Roskill, Auckland

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