What was the outcome of Tenancy Tribunal case 4797902?

The tribunal order states: Jacquelyn Demelza te rapa Davis owes Tbt Property Management Limited

How much money was awarded in case 4797902?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,017.15 awarded to landlord; Water Rates: $1,442.48 awarded to landlord

What type of tenancy dispute was case 4797902?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4797902?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10159614-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4797902?

The tribunal order states: Jacquelyn Demelza te rapa Davis owes Tbt Property Management Limited

How much money was awarded in case 4797902?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,017.15 awarded to landlord; Water Rates: $1,442.48 awarded to landlord

What type of tenancy dispute was case 4797902?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4797902?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10159614-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 4797902 — Rent arrears

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Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 4797902 — 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 4797902 — net $3,480.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/4/2024	$2,017.15	Rent arrears to 7/4/2024
Water rates	$1,442.48	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,480.07
Total payable by Tenant to Landlord	$3,480.07

Claims and awards for application 4797902 — net $3,480.07 NZD. Verify on MoJ.

Rent arrears to 7/4/2024

Amount: $2,017.15
Awarded to: Landlord
Reason: Rent arrears to 7/4/2024

Water rates

Amount: $1,442.48
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $3,480.07

Total payable by Tenant to Landlord

Landlord $3,480.07

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Jacquelyn Demelza te rapa Davis owes Tbt Property Management Limited $3,480.07 (“the debt”).
Jacquelyn Demelza te rapa Davis must pay rent and the debt as follows: a. By weekly payments of $780.00 for rent due on Monday 8 and Monday 15 April 2024. b. A lump sum payment of $2,017.15 for the rent debt due by Wednesday 17 April 2024.
Payments will be allocated in the following order: rent, rent arrears, 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 Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 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 the water rates and filing fee within 2 working days of the due date, the filing fee and water rates will be payable immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video conference and did not answer two calls to her cellphone.
The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond. The landlord advises that the tenant is still at the property and is likely to want to stay. The landlord is willing to allow two extra weeks to have the debt repaid 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 the rent and water arrears. 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 due to the nature and extent of the breaches.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant may 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.
Because Tbt Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4797902 — net $3,480.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/4/2024	$2,017.15	Rent arrears to 7/4/2024
Water rates	$1,442.48	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,480.07
Total payable by Tenant to Landlord	$3,480.07

Claims and awards for application 4797902 — net $3,480.07 NZD. Verify on MoJ.

Rent arrears to 7/4/2024

Amount: $2,017.15
Awarded to: Landlord
Reason: Rent arrears to 7/4/2024

Water rates

Amount: $1,442.48
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $3,480.07

Total payable by Tenant to Landlord

Landlord $3,480.07

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Jacquelyn Demelza te rapa Davis owes Tbt Property Management Limited $3,480.07 (“the debt”).
Jacquelyn Demelza te rapa Davis must pay rent and the debt as follows: a. By weekly payments of $780.00 for rent due on Monday 8 and Monday 15 April 2024. b. A lump sum payment of $2,017.15 for the rent debt due by Wednesday 17 April 2024.
Payments will be allocated in the following order: rent, rent arrears, 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 Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604 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 the water rates and filing fee within 2 working days of the due date, the filing fee and water rates will be payable immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video conference and did not answer two calls to her cellphone.
The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond. The landlord advises that the tenant is still at the property and is likely to want to stay. The landlord is willing to allow two extra weeks to have the debt repaid 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 the rent and water arrears. 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 due to the nature and extent of the breaches.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant may 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.
Because Tbt Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4797902 — Rent arrears at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 4797902 — Rent arrears at Unit/Flat 3, 76 Kaurilands Road, Titirangi, Auckland 0604

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