What was Tenancy Tribunal case 4906254 about?

The tribunal order states: Rachael Pikaki Heta owes [The landlord/s] $3,227.03 (“the debt”) as detailed in

How much money was awarded in case 4906254?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,341.71 awarded to landlord; Water Rates: $864.88 awarded to landlord

What type of tenancy dispute was case 4906254?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4906254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10532802-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4906254 about?

The tribunal order states: Rachael Pikaki Heta owes [The landlord/s] $3,227.03 (“the debt”) as detailed in

How much money was awarded in case 4906254?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,341.71 awarded to landlord; Water Rates: $864.88 awarded to landlord

What type of tenancy dispute was case 4906254?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4906254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10532802-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 8 King Street, Papatoetoe, Auckland 2104 Tenancy Tribunal Case 4906254 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4906254 — net $3,227.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2024	$2,341.71	Rent arrears to 3 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$864.88	Water rates
Net award	$3,227.03
Total payable by Tenant to Landlord	$3,227.03

Rachael Pikaki Heta owes [The landlord/s] $3,227.03 (“the debt”) as detailed in the table below.

Rachael Pikaki Heta must pay rent and the debt as follows: a. By 64 fortnightly payments of $1,150.00, being $1,100.00 for rent and $50.00 for the debt. b. A final payment of $1,127.03, being $1,100.00 for rent and $27.03 for the debt. c. Payments will be every other Tuesday, with the first payment on 16/07/2024 and continuing until 29/12/2026.

Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 3, 8 King Street, Papatoetoe, Auckland 2104 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.

The tenant must pay the landlord $3,227.03 (“the debt”) by 64 fortnightly payments of $1,150.00, being $1,100.00 for rent and $50.00 for the debt. Payment must be made every other Tuesday, with the first payment on 16/07/2024 and continuing until 29/12/2026 per the table below:

Reasons

Both parties attended the hearing.

The landlord has applied for conditional termination of the tenancy, rent arrears and water rates. The tenant wants to repay the debt to avoid immediate termination. Background

The tenancy began on 2 December 2020.

Up until early March 2022, the tenant consistently paid their rent on time and was often in credit. Since early March 2022, the tenant has fallen into arrears. Despite being in arrears, the tenant has consistently made an effort to pay the landlord either $306.00 or $294.00 per fortnight from early March 2022 up until now. More recently, the tenant made payment to the landlord of $794.00 on 22 May 2024 and 5 June 2024. Since the tenant has attempted to make regular payments of some kind to the landlord and has recently obtained full-time employment, the landlord seeks conditional termination of the tenancy, rather than immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

The landlord has applied for outgoings, namely water rates, and has provided invoices issued by the local water rates authority and sent to the tenant, which prove the amount owing.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4906254 — net $3,227.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 July 2024	$2,341.71	Rent arrears to 3 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$864.88	Water rates
Net award	$3,227.03
Total payable by Tenant to Landlord	$3,227.03

Order

Rachael Pikaki Heta owes [The landlord/s] $3,227.03 (“the debt”) as detailed in the table below.
Rachael Pikaki Heta must pay rent and the debt as follows: a. By 64 fortnightly payments of $1,150.00, being $1,100.00 for rent and $50.00 for the debt. b. A final payment of $1,127.03, being $1,100.00 for rent and $27.03 for the debt. c. Payments will be every other Tuesday, with the first payment on 16/07/2024 and continuing until 29/12/2026.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 3, 8 King Street, Papatoetoe, Auckland 2104 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.
The tenant must pay the landlord $3,227.03 (“the debt”) by 64 fortnightly payments of $1,150.00, being $1,100.00 for rent and $50.00 for the debt. Payment must be made every other Tuesday, with the first payment on 16/07/2024 and continuing until 29/12/2026 per the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for conditional termination of the tenancy, rent arrears and water rates. The tenant wants to repay the debt to avoid immediate termination. Background
The tenancy began on 2 December 2020.
Up until early March 2022, the tenant consistently paid their rent on time and was often in credit. Since early March 2022, the tenant has fallen into arrears. Despite being in arrears, the tenant has consistently made an effort to pay the landlord either $306.00 or $294.00 per fortnight from early March 2022 up until now. More recently, the tenant made payment to the landlord of $794.00 on 22 May 2024 and 5 June 2024. Since the tenant has attempted to make regular payments of some kind to the landlord and has recently obtained full-time employment, the landlord seeks conditional termination of the tenancy, rather than immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlord has applied for outgoings, namely water rates, and has provided invoices issued by the local water rates authority and sent to the tenant, which prove the amount owing.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4906254 — Rent arrears at Unit/Flat 3, 8 King Street, Papatoetoe, Auckland 2104

At a glance

Tenancy Tribunal case 4906254 — Rent arrears at Unit/Flat 3, 8 King Street, Papatoetoe, Auckland 2104

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