What was the outcome of Tenancy Tribunal case 4908154?

The tribunal order states: The tenancy of Rangiwhakairi Tamaki at 107 Tidal Road, Mangere, Auckland

How much money was awarded in case 4908154?

Filing Fee: $20.44 awarded to landlord; Power (To 14 June 2024: $588.09 awarded to landlord

What type of tenancy dispute was case 4908154?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780156-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4908154?

The tribunal order states: The tenancy of Rangiwhakairi Tamaki at 107 Tidal Road, Mangere, Auckland

How much money was awarded in case 4908154?

Filing Fee: $20.44 awarded to landlord; Power (To 14 June 2024: $588.09 awarded to landlord

What type of tenancy dispute was case 4908154?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780156-Tenancy_Tribunal_Order.pdf.

107 Tidal Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4908154 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4908154 — net $608.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power (to 14 June 2024	$588.09	Power (to 14 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$608.53
Total payable by Tenant to Landlord	$608.53

The tenancy of Rangiwhakairi Tamaki at 107 Tidal Road, Mangere, Auckland 2022 is terminated, and possession is granted to Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust, at 11:59pm on Monday 16 September 2024.

Rangiwhakairi Tamaki must pay Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust $608.53 immediately, 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.

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 tenant has breached her obligations by not paying her rent on full and on time, failing to pay her power bills regularly and not sending the landlord regular photographs of the tech meter so it can bill her for her actual power usage each month.

The tenant says her life is busy and she finds the power system confusing. Further, she says she has tried to get the landlord to accommodate her not being able to pay her rent on a Monday or Friday as she receives her WINZ payment on a Tuesday night at 11pm and a further MSD payment on Wednesday night at 11pm. As such she can only pay half of her rent on a Wednesday morning and half on a Thursday morning, unless she stays up very late to make payments as soon as her payments come into her account at 11pm.

The landlord is not able to accommodate late rent payments, as the owners have mortgage commitments. In addition, the landlord says the tenant is not communicative, appears to come up with excuses for her breaches of the terms of her tenancy agreement and the owners of the property have lost confidence she will pay her rent ad power bills on time going forward.

The landlord served three 14-day breach notices on the tenant for non-payment of rent and power on time. These were issued on 21 May 2024, 5 June 2024 and 30 May 2024. The tenant did not remedy the breach within the required period and has continued to breach her obligations.

Further, the parties attended mediation in March 2024, in regards to power arrears, and there was an agreement that the tenant would repay the power arrears of $255.00 and the $20.44 filing fee by $50.00 per week instalments, commencing on 27 March 2024. The landlord says the tenant made 3 instalments and then stopped.

It am satisfied that it would be inequitable to refuse to terminate the tenancy, because the owners of the property have mortgage commitments and are facing penalties for non-payment of the mortgage on time. In addition, the owners are having to continually carry the tenants power debt and cannot continue to do so.

The tenancy is terminated as at 11:59pm on Monday 16 September 2024 and possession granted to the landlord.

Are there any power arrears?

The landlord has provided power records which prove the power arrears amount owing to 14 June 2024 are $588.09.

This amount is awarded to the landlord.

The landlord has not been able to get access to the tech meter so has been unable to get usage readings from it. As such, at the end of the tenancy the landlord will provide the tenant with an additional power bill for the period 15 June 2024 to 16 September 2024. Reimbursement of filing fee

Section 102(4) of the RTA states that an applicant that has been wholly or substantially successful in its application can apply to have its filing fee reimbursed,

Because Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4908154 — net $608.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power (to 14 June 2024	$588.09	Power (to 14 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$608.53
Total payable by Tenant to Landlord	$608.53

Order

The tenancy of Rangiwhakairi Tamaki at 107 Tidal Road, Mangere, Auckland 2022 is terminated, and possession is granted to Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust, at 11:59pm on Monday 16 September 2024.
Rangiwhakairi Tamaki must pay Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust $608.53 immediately, 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.

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 tenant has breached her obligations by not paying her rent on full and on time, failing to pay her power bills regularly and not sending the landlord regular photographs of the tech meter so it can bill her for her actual power usage each month.
The tenant says her life is busy and she finds the power system confusing. Further, she says she has tried to get the landlord to accommodate her not being able to pay her rent on a Monday or Friday as she receives her WINZ payment on a Tuesday night at 11pm and a further MSD payment on Wednesday night at 11pm. As such she can only pay half of her rent on a Wednesday morning and half on a Thursday morning, unless she stays up very late to make payments as soon as her payments come into her account at 11pm.
The landlord is not able to accommodate late rent payments, as the owners have mortgage commitments. In addition, the landlord says the tenant is not communicative, appears to come up with excuses for her breaches of the terms of her tenancy agreement and the owners of the property have lost confidence she will pay her rent ad power bills on time going forward.
The landlord served three 14-day breach notices on the tenant for non-payment of rent and power on time. These were issued on 21 May 2024, 5 June 2024 and 30 May 2024. The tenant did not remedy the breach within the required period and has continued to breach her obligations.
Further, the parties attended mediation in March 2024, in regards to power arrears, and there was an agreement that the tenant would repay the power arrears of $255.00 and the $20.44 filing fee by $50.00 per week instalments, commencing on 27 March 2024. The landlord says the tenant made 3 instalments and then stopped.
It am satisfied that it would be inequitable to refuse to terminate the tenancy, because the owners of the property have mortgage commitments and are facing penalties for non-payment of the mortgage on time. In addition, the owners are having to continually carry the tenants power debt and cannot continue to do so.
The tenancy is terminated as at 11:59pm on Monday 16 September 2024 and possession granted to the landlord.

Are there any power arrears?

The landlord has provided power records which prove the power arrears amount owing to 14 June 2024 are $588.09.
This amount is awarded to the landlord.
The landlord has not been able to get access to the tech meter so has been unable to get usage readings from it. As such, at the end of the tenancy the landlord will provide the tenant with an additional power bill for the period 15 June 2024 to 16 September 2024. Reimbursement of filing fee
Section 102(4) of the RTA states that an applicant that has been wholly or substantially successful in its application can apply to have its filing fee reimbursed,
Because Mog Limited T/A Angel Property Managers As Agent For Solsakthi Family Trust has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4908154 — Tenancy dispute at 107 Tidal Road, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4908154 — Tenancy dispute at 107 Tidal Road, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Are there any power arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Are there any power arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions