What was Tenancy Tribunal case 4807864 about?

The tribunal order states: Megumi Yatagai Latu Leo owes [The landlord/s] $1,129.46 (“the debt”) in

How much money was awarded in case 4807864?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Water Rates: $209.02 awarded to landlord

What type of tenancy dispute was case 4807864?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4807864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10117743-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4807864 about?

The tribunal order states: Megumi Yatagai Latu Leo owes [The landlord/s] $1,129.46 (“the debt”) in

How much money was awarded in case 4807864?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Rent Arrears: $600.00 awarded to landlord; Water Rates: $209.02 awarded to landlord

What type of tenancy dispute was case 4807864?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4807864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10117743-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4807864 — Rent arrears

Tenantcheck Insights

Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4807864 — 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 4807864. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/3/24	$300.00	Rent arrears to 21/3/24
Rent arrears for week commencing 22/3/24	$600.00	Rent arrears for week commencing 22/3/24
Water rates	$209.02	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4807864. Verify on MoJ.

Rent arrears to 21/3/24

Amount: $300.00
Awarded to: Landlord
Reason: Rent arrears to 21/3/24

Rent arrears for week commencing 22/3/24

Amount: $600.00
Awarded to: Landlord
Reason: Rent arrears for week commencing 22/3/24

Water rates

Amount: $209.02
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Megumi Yatagai Latu Leo owes [The landlord/s] $1,129.46 (“the debt”) in accordance with the following table:
Megumi Yatagai Latu Leo must pay rent and the debt as follows: a. By increasing rental payments in line with the rent increase to $600 per week with the next payment due immediately but accepted to be paid on or before Wednesday 27 March 2024 and continuing thereafter. b. A payment of $0.00 for the debt on or before Friday 5 April 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If Ms Leo fails to increase rent to $600 per week and pay rent arrears within 2 working days of 5 April 2024: a. The tenancy at Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If Ms Leo fails to pay the water rates and filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing represented by [redacted]. Ms Leo did not connect to the hearing or answer the number of calls to her phone. Accordingly, as she has been served with the notice of hearing, it went ahead in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond but would accept a conditional termination to allow Ms Leo an opportunity to attend to her debt.

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.
Ms Leo has breached her obligations by failing to increase her rental payments in line with the rental increase in January 2024. On 8 January, 30 January and 7 February the landlord served 14-day notices on Ms Leo but the breach was not remedied within the required period.
In the circumstances I am satisfied that it is appropriate to provide Ms Leo with an opportunity to remedy the situation. Accordingly, I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. This is to give Ms Leo a chance to pay the arrears and increase her rental payments as required. If she fails to comply, the landlord is entitled to terminate the tenancy.
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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

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 4807864. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/3/24	$300.00	Rent arrears to 21/3/24
Rent arrears for week commencing 22/3/24	$600.00	Rent arrears for week commencing 22/3/24
Water rates	$209.02	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4807864. Verify on MoJ.

Rent arrears to 21/3/24

Amount: $300.00
Awarded to: Landlord
Reason: Rent arrears to 21/3/24

Rent arrears for week commencing 22/3/24

Amount: $600.00
Awarded to: Landlord
Reason: Rent arrears for week commencing 22/3/24

Water rates

Amount: $209.02
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Megumi Yatagai Latu Leo owes [The landlord/s] $1,129.46 (“the debt”) in accordance with the following table:
Megumi Yatagai Latu Leo must pay rent and the debt as follows: a. By increasing rental payments in line with the rent increase to $600 per week with the next payment due immediately but accepted to be paid on or before Wednesday 27 March 2024 and continuing thereafter. b. A payment of $0.00 for the debt on or before Friday 5 April 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If Ms Leo fails to increase rent to $600 per week and pay rent arrears within 2 working days of 5 April 2024: a. The tenancy at Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If Ms Leo fails to pay the water rates and filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing represented by [redacted]. Ms Leo did not connect to the hearing or answer the number of calls to her phone. Accordingly, as she has been served with the notice of hearing, it went ahead in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond but would accept a conditional termination to allow Ms Leo an opportunity to attend to her debt.

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.
Ms Leo has breached her obligations by failing to increase her rental payments in line with the rental increase in January 2024. On 8 January, 30 January and 7 February the landlord served 14-day notices on Ms Leo but the breach was not remedied within the required period.
In the circumstances I am satisfied that it is appropriate to provide Ms Leo with an opportunity to remedy the situation. Accordingly, I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. This is to give Ms Leo a chance to pay the arrears and increase her rental payments as required. If she fails to comply, the landlord is entitled to terminate the tenancy.
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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Tenancy Tribunal case 4807864 — Rent arrears at Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4807864 — Rent arrears at Unit/Flat 2, 5 Deering Place, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions