What was the outcome of Tenancy Tribunal case 4906211?

The tribunal order states: The tenancy of Tasha Williams and Renee Brown at 15 McDivitt Street,

How much money was awarded in case 4906211?

Filing Fee: $20.44 awarded to landlord; Water Rates: $2,017.21 awarded to landlord

What type of tenancy dispute was case 4906211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4906211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11041212-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4906211?

The tribunal order states: The tenancy of Tasha Williams and Renee Brown at 15 McDivitt Street,

How much money was awarded in case 4906211?

Filing Fee: $20.44 awarded to landlord; Water Rates: $2,017.21 awarded to landlord

What type of tenancy dispute was case 4906211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4906211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11041212-Tenancy_Tribunal_Order.pdf.

15 McDivitt Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4906211 — Tenancy dispute

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15 McDivitt Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4906211 — Tenancy dispute | 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 4906211 — net $2,037.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,017.21	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,037.65
Total payable by Tenant to Landlord	$2,037.65

Claims and awards for application 4906211 — net $2,037.65 NZD. Verify on MoJ.

Water rates

Amount: $2,017.21
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,037.65

Total payable by Tenant to Landlord

Landlord $2,037.65

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Tasha Williams and Renee Brown at 15 McDivitt Street, Manurewa, Auckland 2102 is terminated, and possession is granted to 360 Property Management Limited, at 11.59 pm on Wednesday 20 November 2024.
Tasha Williams and Renee Brown must pay 360 Property Management Limited $2,037.65 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenants on the contact numbers provided. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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.
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 tenants have breached their obligations by failing to pay water rates when they were due.
The landlord served a 14-day notice on the tenant on 4 June 2024, and the tenant did not remedy the breach within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has a poor payment history, with water rates having been outstanding for some time. The tenants did not attend today's hearing to offer any solution or address the issue. This absence suggests a lack of commitment to resolving the problem.
The landlord has indicated they may be willing to reconsider termination if the tenants reach out urgently to discuss possible solutions. It is also noted that rent arrears are currently outstanding, though these were not included in the current application.
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4906211 — net $2,037.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,017.21	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,037.65
Total payable by Tenant to Landlord	$2,037.65

Claims and awards for application 4906211 — net $2,037.65 NZD. Verify on MoJ.

Water rates

Amount: $2,017.21
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,037.65

Total payable by Tenant to Landlord

Landlord $2,037.65

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Tasha Williams and Renee Brown at 15 McDivitt Street, Manurewa, Auckland 2102 is terminated, and possession is granted to 360 Property Management Limited, at 11.59 pm on Wednesday 20 November 2024.
Tasha Williams and Renee Brown must pay 360 Property Management Limited $2,037.65 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenants on the contact numbers provided. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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.
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 tenants have breached their obligations by failing to pay water rates when they were due.
The landlord served a 14-day notice on the tenant on 4 June 2024, and the tenant did not remedy the breach within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has a poor payment history, with water rates having been outstanding for some time. The tenants did not attend today's hearing to offer any solution or address the issue. This absence suggests a lack of commitment to resolving the problem.
The landlord has indicated they may be willing to reconsider termination if the tenants reach out urgently to discuss possible solutions. It is also noted that rent arrears are currently outstanding, though these were not included in the current application.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4906211 — Tenancy dispute at 15 McDivitt Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4906211 — Tenancy dispute at 15 McDivitt Street, Manurewa, Auckland 2102

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