How much money was awarded in case 4938438?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,655.71 awarded to landlord; Water Rates: $237.19 awarded to landlord

What type of tenancy dispute was case 4938438?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4938438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10967998-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4938438?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,655.71 awarded to landlord; Water Rates: $237.19 awarded to landlord

What type of tenancy dispute was case 4938438?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4938438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10967998-Tenancy_Tribunal_Order.pdf.

33 John Walker Drive, Manurewa, Auckland 2102 Tenancy Tribunal Case 4938438 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4938438?

The tribunal order states: Teresa Milliana Vuidreketi owes Fair Rentals Limited As Agent For Ankit Jatana

Order

Claims and awards in Tenancy Tribunal application 4938438. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 October 2024	$2,655.71	Rent arrears to 22 October 2024
Water rates	$237.19	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Teresa Milliana Vuidreketi owes Fair Rentals Limited As Agent For Ankit Jatana $2,919.90 (“the debt”).

Teresa Milliana Vuidreketi must pay rent and the debt as follows: a. By weekly payments each payment of $800, being $750 for rent and

00 for the debt. The first weekly payment will commence on Tuesday 22 Ocotber 2024 and continue each Tuesday thereafter; (The Weekly Payment) and b. In addition to the Weekly Payment an additional monthly payment of $400.00 each month, with the first monthly payment of $400.00 due on the Tuesday 29 October 2024, and continuing every month thereafter on the 28 day of each month. c. Both the weekly and the monthly payments will continue until the debt is paid in full.

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 within 2 working days of the due dates: a. The tenancy at 33 John Walker Drive, Manurewa, Auckland 2102 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.

Reasons

Both parties attended today’s hearing by telephone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

On the 29 August the parties attended mediation. They agreed at mediation that the tenant owed rent of $3029.90 to 2 September 2024, water rates of $237.19 and the filing fee of $27.00. Since the mediation the tenant has reduced the rent arrears and the rent arrears now are $2565.71 owing to the 22 October 2024.

The matter was referred to the Tribunal to determine the conditional termination order.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent on time. On the 22 August 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has a history of rent arrears.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The tenant and the landlord agree to a conditional termination order being made.

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

Because Fair Rentals Limited As Agent For Ankit Jatana has wholly succeeded with the claim I must reimburse the filing fee.

This order supersedes and replaces the mediated order sealed on the 29 August 2024.

Claims and awards in Tenancy Tribunal application 4938438. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 October 2024	$2,655.71	Rent arrears to 22 October 2024
Water rates	$237.19	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

Teresa Milliana Vuidreketi owes Fair Rentals Limited As Agent For Ankit Jatana $2,919.90 (“the debt”).
Teresa Milliana Vuidreketi must pay rent and the debt as follows: a. By weekly payments each payment of $800, being $750 for rent and
00 for the debt. The first weekly payment will commence on Tuesday 22 Ocotber 2024 and continue each Tuesday thereafter; (The Weekly Payment) and b. In addition to the Weekly Payment an additional monthly payment of $400.00 each month, with the first monthly payment of $400.00 due on the Tuesday 29 October 2024, and continuing every month thereafter on the 28 day of each month. c. Both the weekly and the monthly payments will continue until the debt is paid in full.
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 within 2 working days of the due dates: a. The tenancy at 33 John Walker Drive, Manurewa, Auckland 2102 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.

Reasons

Both parties attended today’s hearing by telephone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
On the 29 August the parties attended mediation. They agreed at mediation that the tenant owed rent of $3029.90 to 2 September 2024, water rates of $237.19 and the filing fee of $27.00. Since the mediation the tenant has reduced the rent arrears and the rent arrears now are $2565.71 owing to the 22 October 2024.
The matter was referred to the Tribunal to determine the conditional termination order.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent on time. On the 22 August 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has a history of rent arrears.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The tenant and the landlord agree to a conditional termination order being made.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Fair Rentals Limited As Agent For Ankit Jatana has wholly succeeded with the claim I must reimburse the filing fee.
This order supersedes and replaces the mediated order sealed on the 29 August 2024.

Tenancy Tribunal case 4938438 — Rent arrears at 33 John Walker Drive, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4938438 — Rent arrears at 33 John Walker Drive, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions