What was Tenancy Tribunal case 4799818 about?

The tribunal order states: The tenancy of Kayla Inese Maria Gukibau at 2 Fitzwater Place, Henderson,

How much money was awarded in case 4799818?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,340.00 awarded to landlord

What type of tenancy dispute was case 4799818?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799818?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139324-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799818 about?

The tribunal order states: The tenancy of Kayla Inese Maria Gukibau at 2 Fitzwater Place, Henderson,

How much money was awarded in case 4799818?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,340.00 awarded to landlord

What type of tenancy dispute was case 4799818?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799818?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139324-Tribunal_Order_Redacted.pdf.

2 Fitzwater Place, Henderson, Auckland 0612 Tenancy Tribunal Case 4799818 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4799818 — net $1,360.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03 April 2024	$1,340.00	Rent arrears to 03 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,360.44
Total payable by Tenant to Landlord	$1,360.44

The tenancy of Kayla Inese Maria Gukibau at 2 Fitzwater Place, Henderson, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at midnight on Tuesday 03 April 2024.

Kayla Inese Maria Gukibau must pay [The landlord/s] $1,360.44, being rent arrears to 03 April 2024 and reimbursement of the filing fee.

Reasons

The hearing was conducted by telephone. [The landlord’s representative/s] appeared for the landlord. An unsuccessful attempt was made to contact the tenant on the phone number provided.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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. See section 56(1) Residential Tenancies Act 1986 (The “Act”).

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.

The landlord served a 14-day notice on the tenant on 30 January 2024, but the tenant did not remedy the breach within the required period. An up to date rent summary showing that on 01 March 2024, the tenant made a payment clearing their rent arrears with a payment of $4,690.00. This was followed by another regular weekly payment of $670.00, resulting in a rent credit of one week. However, the tenant failed to make the next rent payment due on 20 March 2024 for the week ending 26 March 2024. As of today, the rent is in arrears by one week and one day.

The landlord states they have issued five 14-day breach notices for rent arrears since 13 November 2023. The most recent notice issued on 25 March 2024. The landlord states that there has been a mediated order for rent arrears which was successfully paid. However, [The landlord’s representative/s] states that the irregular rent payments are placing significant financial pressure on the landlord.

The landlord states that the tenant’s personal circumstances as such that they are concerned that moving forward the tenant does not have the means to fulfil their rent obligations.

Having considered the relevant matters, I am satisfied it would be inequitable to refuse to terminate the tenancy.

The landlord states that the tenant has been difficult to contact as is not surprised that they have failed to answer the phone. Had the tenant appeared and been able to satisfy the Tribunal that they could clear the arrears and were in a financial position to meet their obligations going forward the result may have been different.

As the landlord has wholly succeeded with the claim, I must reimburse the filing fee. The landlord has been wholly successful, seeks, and is granted name suppression.

Order

Claims and awards in Tenancy Tribunal application 4799818 — net $1,360.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03 April 2024	$1,340.00	Rent arrears to 03 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,360.44
Total payable by Tenant to Landlord	$1,360.44

The tenancy of Kayla Inese Maria Gukibau at 2 Fitzwater Place, Henderson, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at midnight on Tuesday 03 April 2024.

Kayla Inese Maria Gukibau must pay [The landlord/s] $1,360.44, being rent arrears to 03 April 2024 and reimbursement of the filing fee.

Reasons

The hearing was conducted by telephone. [The landlord’s representative/s] appeared for the landlord. An unsuccessful attempt was made to contact the tenant on the phone number provided.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The landlord states that the tenant’s personal circumstances as such that they are concerned that moving forward the tenant does not have the means to fulfil their rent obligations.

Having considered the relevant matters, I am satisfied it would be inequitable to refuse to terminate the tenancy.

As the landlord has wholly succeeded with the claim, I must reimburse the filing fee. The landlord has been wholly successful, seeks, and is granted name suppression.

Tenancy Tribunal case 4799818 — Rent arrears at 2 Fitzwater Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4799818 — Rent arrears at 2 Fitzwater Place, Henderson, Auckland 0612

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