What was Tenancy Tribunal case 4797846 about?

The tribunal order states: Samantha Marie Wilson owes [The landlord/s] $1,020.06 (“the debt”), as

How much money was awarded in case 4797846?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Water Rates: $329.62 awarded to landlord

What type of tenancy dispute was case 4797846?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4797846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282299-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4797846 about?

The tribunal order states: Samantha Marie Wilson owes [The landlord/s] $1,020.06 (“the debt”), as

How much money was awarded in case 4797846?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Water Rates: $329.62 awarded to landlord

What type of tenancy dispute was case 4797846?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4797846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282299-Tribunal_Order_Redacted.pdf.

76 Wolverton Street, Avondale, Auckland 0600 Tenancy Tribunal Case 4797846 — Rent arrears

Tenantcheck Insights

76 Wolverton Street, Avondale, Auckland 0600 Tenancy Tribunal Case 4797846 — 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 4797846 — net $1,020.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 May 2024	$670.00	Rent arrears as at 7 May 2024
Water rates as at 2 May 2024	$329.62	Water rates as at 2 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.06
Total payable by Tenant to Landlord	$1,020.06

Claims and awards for application 4797846 — net $1,020.06 NZD. Verify on MoJ.

Rent arrears as at 7 May 2024

Amount: $670.00
Awarded to: Landlord
Reason: Rent arrears as at 7 May 2024

Water rates as at 2 May 2024

Amount: $329.62
Awarded to: Landlord
Reason: Water rates as at 2 May 2024

Filing fee reimbursement

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

Net award

Landlord $1,020.06

Total payable by Tenant to Landlord

Landlord $1,020.06

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Samantha Marie Wilson owes [The landlord/s] $1,020.06 (“the debt”), as calculated in the table below.
Samantha Marie Wilson must pay rent and the debt as follows: a. By weekly payments of $630.00, being $550.00 for rent and $80.00 for the debt. b. Payments will be every Tuesday, with the first payment on Tuesday 7 May 2024 and continuing until the whole of the debt is cleared.
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 2 working days of the due dates: a. The tenancy at 76 Wolverton Street, Avondale, Auckland 0600 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay water rates and the filing fee within 2 working days of the due date, the water rates and the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, water rates, reimbursement of the filing fee and payment 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 failing to pay rent and water rates as they fell due. On 9 January 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the arrears continued and water invoices were not paid.
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 therefore 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.
Further to the payment of rent, rent arrears and water charges, I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim. C ter Haar 02 May 2024

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 4797846 — net $1,020.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 May 2024	$670.00	Rent arrears as at 7 May 2024
Water rates as at 2 May 2024	$329.62	Water rates as at 2 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.06
Total payable by Tenant to Landlord	$1,020.06

Claims and awards for application 4797846 — net $1,020.06 NZD. Verify on MoJ.

Rent arrears as at 7 May 2024

Amount: $670.00
Awarded to: Landlord
Reason: Rent arrears as at 7 May 2024

Water rates as at 2 May 2024

Amount: $329.62
Awarded to: Landlord
Reason: Water rates as at 2 May 2024

Filing fee reimbursement

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

Net award

Landlord $1,020.06

Total payable by Tenant to Landlord

Landlord $1,020.06

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Samantha Marie Wilson owes [The landlord/s] $1,020.06 (“the debt”), as calculated in the table below.
Samantha Marie Wilson must pay rent and the debt as follows: a. By weekly payments of $630.00, being $550.00 for rent and $80.00 for the debt. b. Payments will be every Tuesday, with the first payment on Tuesday 7 May 2024 and continuing until the whole of the debt is cleared.
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 2 working days of the due dates: a. The tenancy at 76 Wolverton Street, Avondale, Auckland 0600 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay water rates and the filing fee within 2 working days of the due date, the water rates and the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, water rates, reimbursement of the filing fee and payment 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 failing to pay rent and water rates as they fell due. On 9 January 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the arrears continued and water invoices were not paid.
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 therefore 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.
Further to the payment of rent, rent arrears and water charges, I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim. C ter Haar 02 May 2024

Tenancy Tribunal case 4797846 — Rent arrears at 76 Wolverton Street, Avondale, Auckland 0600

At a glance

Tenancy Tribunal case 4797846 — Rent arrears at 76 Wolverton Street, Avondale, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions