What was the outcome of Tenancy Tribunal case 4859760?

The tribunal order states: The tenancy of Summer Brown and Barry Munns at Unit/Flat 204, 85 Wakefield

How much money was awarded in case 4859760?

Electricity Usage 24/12/23 To 31/01/…: $15.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,207.14 awarded to landlord

What type of tenancy dispute was case 4859760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4859760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10297620-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4859760?

The tribunal order states: The tenancy of Summer Brown and Barry Munns at Unit/Flat 204, 85 Wakefield

How much money was awarded in case 4859760?

Electricity Usage 24/12/23 To 31/01/…: $15.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,207.14 awarded to landlord

What type of tenancy dispute was case 4859760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4859760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10297620-Tenancy_Tribunal_Order.pdf.

Unit/Flat 204, 85 Wakefield Street, Auckland Central, Tenancy Tribunal Case 4859760 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4859760 — net $2,382.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 20 May 2024	$4,207.14	Rent arrears 20 May 2024
electricity usage 24/12/23 to 31/01/24	$15.00	electricity usage 24/12/23 to 31/01/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,382.58
Total payable by Tenant to Landlord	$2,382.58

The tenancy of Summer Brown and Barry Munns at Unit/Flat 204, 85 Wakefield Street, Auckland Central, Auckland 1010, Tetra House is terminated, and possession is granted to Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha, at midnight on Monday 20 May 2024.

The Bond Centre is to pay the bond of $1,860.00 (5565074-019) to Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha immediately.

Summer Brown and Barry Munns must pay Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha $2,382.58, calculated as shown in the table below.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, electricity charges, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (The “Act’).

In this case, the landlord has issued four consecutive 14-day notices for rent arrears between 28 March 2024 and 26 April 2024, none of which have been remedied.

The landlord has produced an up to date rent summary. The rent is $620.00 per week. As at today’s date, the rent is $2,878.57, which is more than 21 days in arrears.

The landlord is seeking immediate termination. Additionally, the landlord seeks outstanding electricity charges for the period 24/12/2023 to 31/01/2024 of $35.18. The invoice produced shows this includes a fixed line charge for which the tenant is not liable. I award the usage portion, which amounts to $15.00.

The tenant wants to avoid immediate termination. The tenant raises several concerns about the property, and the conduct of the landlord, which they claim has affected the rent payments made on their behalf by Work and Income. However, they have not made a counter claim. The Tribunal cannot consider equitable set off.

To avoid termination the tenant would have to satisfy the tribunal that they could pay the full rent arrears within a specified time and that they would be unlikely to fall into rent arrears again, see section 55(1A) (a)(b) of the Act.

The landlord states that despite an undertaking to pay the arrears that the tenants have failed to do so.

On the evidence, I am not satisfied that there are grounds to make a conditional order deferring termination on the basis that the tenant can clear the arrears in full and thereafter make regular payments.

The tenancy is terminated, and possession granted to the landlord at midnight on Monday 20 May 2024.

I award rent arrears to the end of the tenancy. Costs

Because Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord does not seek suppression.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

There are no grounds to supress the tenant’s names or address of the property.

Claims and awards in Tenancy Tribunal application 4859760 — net $2,382.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 20 May 2024	$4,207.14	Rent arrears 20 May 2024
electricity usage 24/12/23 to 31/01/24	$15.00	electricity usage 24/12/23 to 31/01/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,382.58
Total payable by Tenant to Landlord	$2,382.58

Order

The tenancy of Summer Brown and Barry Munns at Unit/Flat 204, 85 Wakefield Street, Auckland Central, Auckland 1010, Tetra House is terminated, and possession is granted to Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha, at midnight on Monday 20 May 2024.
The Bond Centre is to pay the bond of $1,860.00 (5565074-019) to Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha immediately.
Summer Brown and Barry Munns must pay Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha $2,382.58, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, electricity charges, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (The “Act’).
In this case, the landlord has issued four consecutive 14-day notices for rent arrears between 28 March 2024 and 26 April 2024, none of which have been remedied.
The landlord has produced an up to date rent summary. The rent is $620.00 per week. As at today’s date, the rent is $2,878.57, which is more than 21 days in arrears.
The landlord is seeking immediate termination. Additionally, the landlord seeks outstanding electricity charges for the period 24/12/2023 to 31/01/2024 of $35.18. The invoice produced shows this includes a fixed line charge for which the tenant is not liable. I award the usage portion, which amounts to $15.00.
The tenant wants to avoid immediate termination. The tenant raises several concerns about the property, and the conduct of the landlord, which they claim has affected the rent payments made on their behalf by Work and Income. However, they have not made a counter claim. The Tribunal cannot consider equitable set off.
To avoid termination the tenant would have to satisfy the tribunal that they could pay the full rent arrears within a specified time and that they would be unlikely to fall into rent arrears again, see section 55(1A) (a)(b) of the Act.
The landlord states that despite an undertaking to pay the arrears that the tenants have failed to do so.
On the evidence, I am not satisfied that there are grounds to make a conditional order deferring termination on the basis that the tenant can clear the arrears in full and thereafter make regular payments.
The tenancy is terminated, and possession granted to the landlord at midnight on Monday 20 May 2024.
I award rent arrears to the end of the tenancy. Costs
Because Taz & Raz Services Limited T/As Pukeko Rental Managers as Agent for Yasmeen Nisha has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord does not seek suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
There are no grounds to supress the tenant’s names or address of the property.

Tenancy Tribunal case 4859760 — Rent arrears at Unit/Flat 204, 85 Wakefield Street, Auckland Central,

At a glance

Tenancy Tribunal case 4859760 — Rent arrears at Unit/Flat 204, 85 Wakefield Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions