What was Tenancy Tribunal case 4933553 about?

The tribunal order states: Vaimaalaala Taufa owes [The landlord/s] $1,063.28 (“the debt”), being rent

How much money was awarded in case 4933553?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,036.28 awarded to landlord

What type of tenancy dispute was case 4933553?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629937-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4933553 about?

The tribunal order states: Vaimaalaala Taufa owes [The landlord/s] $1,063.28 (“the debt”), being rent

How much money was awarded in case 4933553?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,036.28 awarded to landlord

What type of tenancy dispute was case 4933553?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629937-Tribunal_Order_Redacted.pdf.

Unit/Flat 8, 31 Allenby Road, Panmure, Auckland 1072 Tenancy Tribunal Case 4933553 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4933553 — net $1,063.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,036.28	Rent arrears to 25 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,063.28
Total payable by Tenant to Landlord	$1,063.28

Vaimaalaala Taufa owes [The landlord/s] $1,063.28 (“the debt”), being rent arrears to 25 July 2024 and reimbursement of the filing fee as calculated in the table below:

Vaimaalaala Taufa must pay rent and the debt as follows: a. By 21 weekly payments of $194.00, being $144.00 for rent and $50.00 for the debt; b. A final payment of $157.28, being $144.00 for rent and $13.28 for the debt; c. Payments will be every Monday, with the first payment on 05/08/2024 and continuing until 30/12/2024.

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 by 11:59pm on the due dates: a. The tenancy at Unit/Flat 8, 31 Allenby Road, Panmure, Auckland 1072 will terminate and the landlord will have immediate possession of the premises; and b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee by 11:59pm on the due date, the filing fee will be payable immediately.

Reasons

A representative of the landlord attended the hearing on behalf of the landlord. The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why she would not attend. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy and rent arrears.

The landlord has provided rent records in the form of a rent ledger which prove the amount owing. I have granted the application for rent arrears.

Should a conditional termination order be made?

The rent records provided also prove that the rent was at least 21 days in arrears on the date the application was filed.

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

At the hearing, the landlord’s representative said that the landlord’s preference is for the Tribunal to make a conditional termination order.

In order to make a conditional termination order, section 55(1A) of the RTA provides that the Tribunal must be satisfied that the tenant will comply with the order and is unlikely to commit to a further breach.

The landlord’s representative said that while the tenant had not attended the hearing, she believed the tenant would comply with a conditional termination order because: a. The tenant had recently agreed to repay the rent arrears at $50.00 per week; and b. The rent had recently been reduced so the tenant was more likely to be able to afford the repayments.

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) of the RTA.)

The landlord has been wholly successful in its claims. Therefore, I must order reimbursement of the filing fee and suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4933553 — net $1,063.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,036.28	Rent arrears to 25 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,063.28
Total payable by Tenant to Landlord	$1,063.28

Order

Vaimaalaala Taufa owes [The landlord/s] $1,063.28 (“the debt”), being rent arrears to 25 July 2024 and reimbursement of the filing fee as calculated in the table below:
Vaimaalaala Taufa must pay rent and the debt as follows: a. By 21 weekly payments of $194.00, being $144.00 for rent and $50.00 for the debt; b. A final payment of $157.28, being $144.00 for rent and $13.28 for the debt; c. Payments will be every Monday, with the first payment on 05/08/2024 and continuing until 30/12/2024.
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 by 11:59pm on the due dates: a. The tenancy at Unit/Flat 8, 31 Allenby Road, Panmure, Auckland 1072 will terminate and the landlord will have immediate possession of the premises; and b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee by 11:59pm on the due date, the filing fee will be payable immediately.

Reasons

A representative of the landlord attended the hearing on behalf of the landlord. The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why she would not attend. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord has provided rent records in the form of a rent ledger which prove the amount owing. I have granted the application for rent arrears.

Should a conditional termination order be made?

The rent records provided also prove that the rent was at least 21 days in arrears on the date the application was filed.
Where rent is at least 21 days in arrears on the date the application was filed, section 55(1)(a) and (1A) of the Residential Tenancies Act 1986 (RTA) provides that the Tribunal must make either a final or a conditional termination order.
At the hearing, the landlord’s representative said that the landlord’s preference is for the Tribunal to make a conditional termination order.
In order to make a conditional termination order, section 55(1A) of the RTA provides that the Tribunal must be satisfied that the tenant will comply with the order and is unlikely to commit to a further breach.
The landlord’s representative said that while the tenant had not attended the hearing, she believed the tenant would comply with a conditional termination order because: a. The tenant had recently agreed to repay the rent arrears at $50.00 per week; and b. The rent had recently been reduced so the tenant was more likely to be able to afford the repayments.
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) of the RTA.)
The landlord has been wholly successful in its claims. Therefore, I must order reimbursement of the filing fee and suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4933553 — Rent arrears at Unit/Flat 8, 31 Allenby Road, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4933553 — Rent arrears at Unit/Flat 8, 31 Allenby Road, Panmure, Auckland 1072

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