What was Tenancy Tribunal case 4830217 about?

The tribunal order states: Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie owes [the

How much money was awarded in case 4830217?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,125.00 awarded to landlord; Water Rates: $882.57 awarded to landlord

What type of tenancy dispute was case 4830217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4830217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320089-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4830217 about?

The tribunal order states: Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie owes [the

How much money was awarded in case 4830217?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,125.00 awarded to landlord; Water Rates: $882.57 awarded to landlord

What type of tenancy dispute was case 4830217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4830217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320089-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4830217 — Rent arrears

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New Zealand Tenancy Tribunal Case 4830217 — 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 4830217 — net $2,028.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,125.00	Rent arrears
Water rates: (Aug 2023 to March 2024	$882.57	Water rates: (Aug 2023 to March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,028.01
Total payable by Tenant to Landlord	$2,028.01

Claims and awards for application 4830217 — net $2,028.01 NZD. Verify on MoJ.

Rent arrears

Amount: $1,125.00
Awarded to: Landlord
Reason: Rent arrears

Water rates: (Aug 2023 to March 2024

Amount: $882.57
Awarded to: Landlord
Reason: Water rates: (Aug 2023 to March 2024

Filing fee reimbursement

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

Net award

Landlord $2,028.01

Total payable by Tenant to Landlord

Landlord $2,028.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie owes [the landlord] $2,028.01 calculated as set out in the table below (“the debt”).
Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie must pay rent and the debt as follows: a. $882.57 (water rates arrears) must be paid by Friday 24 May 2024; b. The remaining $1,145.44 must be paid in 20 weekly payments of $800.00, being $700.00 for rent and $100.00 for the debt. These, payment must commence on Friday 17 May 2024 and continuing to Friday 2 August 2024. c. A final payment of $728.01, being $700.00 for rent and $28.01 for the remainder of the debt.
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 [Tenancy address suppressed] 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. 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 recidivist breaches of their obligations under the RTA and their tenancy agreement, being repeatedly not paying their rent and water rates when they are due. On 29/02/24, 22/03/24,29/04/24 and 02/05/24, the landlord served a 14-day notices on the tenant but the rent and water rates breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
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 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. Reimbursement of filing fee
Because the lanldord 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 4830217 — net $2,028.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,125.00	Rent arrears
Water rates: (Aug 2023 to March 2024	$882.57	Water rates: (Aug 2023 to March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,028.01
Total payable by Tenant to Landlord	$2,028.01

Claims and awards for application 4830217 — net $2,028.01 NZD. Verify on MoJ.

Rent arrears

Amount: $1,125.00
Awarded to: Landlord
Reason: Rent arrears

Water rates: (Aug 2023 to March 2024

Amount: $882.57
Awarded to: Landlord
Reason: Water rates: (Aug 2023 to March 2024

Filing fee reimbursement

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

Net award

Landlord $2,028.01

Total payable by Tenant to Landlord

Landlord $2,028.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie owes [the landlord] $2,028.01 calculated as set out in the table below (“the debt”).
Deborah Fisione Haletama-Kauie and Landallzea Rodger Kauie must pay rent and the debt as follows: a. $882.57 (water rates arrears) must be paid by Friday 24 May 2024; b. The remaining $1,145.44 must be paid in 20 weekly payments of $800.00, being $700.00 for rent and $100.00 for the debt. These, payment must commence on Friday 17 May 2024 and continuing to Friday 2 August 2024. c. A final payment of $728.01, being $700.00 for rent and $28.01 for the remainder of the debt.
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 [Tenancy address suppressed] 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. 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 recidivist breaches of their obligations under the RTA and their tenancy agreement, being repeatedly not paying their rent and water rates when they are due. On 29/02/24, 22/03/24,29/04/24 and 02/05/24, the landlord served a 14-day notices on the tenant but the rent and water rates breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
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 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. Reimbursement of filing fee
Because the lanldord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4830217 — Rent arrears

At a glance

Tenancy Tribunal case 4830217 — Rent arrears

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