What was the outcome of Tenancy Tribunal case 4940845?

The tribunal order states: Samuelu Sakaio owes Auckland Property Management Ltd Acting Agent For

How much money was awarded in case 4940845?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord; Water Rates: $2,107.27 awarded to landlord

What type of tenancy dispute was case 4940845?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4940845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10698671-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4940845?

The tribunal order states: Samuelu Sakaio owes Auckland Property Management Ltd Acting Agent For

How much money was awarded in case 4940845?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord; Water Rates: $2,107.27 awarded to landlord

What type of tenancy dispute was case 4940845?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4940845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10698671-Tenancy_Tribunal_Order.pdf.

43 Edmonton Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4940845 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4940845 — net $4,384.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,250.00	Rent arrears
Water rates	$2,107.27	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,384.27
Total payable by Tenant to Landlord	$4,384.27

Samuelu Sakaio owes Auckland Property Management Ltd Acting Agent For Corner Stone Investments Nz Ltd $4,384.27 (“the debt”) as set out below:

Samuelu Sakaio must pay rent and the debt as follows: a. By one lump sum payment of $2,250.00 on 11/09/2024. b. By 21 weekly payments of $790.00, being $690.00 for rent and $100.00 for the debt. c. A final payment of $724.27, being $690.00 for rent and $34.27 for the debt. d. Weekly payments will be every Wednesday, with the first payment on 21/08/2024 and continuing until 22/01/2025.

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

If the tenant fails to pay rent, rent arrears and the water rates within 2 working days of the due dates: a. The tenancy at 43 Edmonton Road, Henderson, Auckland 0612 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

Only the landlord attended the hearing. The landlord had spoken to the tenant recently, and expected them to be present, however, no one attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. However, the landlord was open to considering a conditional termination order.

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.

Rent was not 21 days in arrears at the date of the application. The application for termination was instead made for non-payment of rent. See section 56(1) Residential Tenancies Act 1986. A notice advising the tenant they were in rent arrears was issued on 14/06/2024 and the tenant failed to repay the arrears within the 14 days following.

As at the date of hearing, the rent had fallen further into arrears, and was more than 21 days in arrears. Given that, the Tribunal shall determine the matter as if an application had been made under section 55 of the Residential Tenancies Act 1986. See section 56(2) Residential Tenancies Act 1986.

During the hearing, the landlord stated that during his last interaction with the tenant’s partner, the tenant’s partner indicated they were in a position to re-pay the outstanding rent arrears immediately. Given that indication, the landlord was agreeable to a conditional order which required a lump sum payment equivalent to the rent arrears be made within the next 28 days, with the water rates being paid off by weekly instalment commencing next week.

Although the tenant was not present, I am satisfied it is in the best interests of the tenant to set a conditional payment schedule to pay off the debt rather than order immediate termination. I have therefore 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.

Given Auckland Property Management Ltd Acting Agent For Corner Stone Investments Nz Ltd has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4940845 — net $4,384.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,250.00	Rent arrears
Water rates	$2,107.27	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,384.27
Total payable by Tenant to Landlord	$4,384.27

Order

Samuelu Sakaio owes Auckland Property Management Ltd Acting Agent For Corner Stone Investments Nz Ltd $4,384.27 (“the debt”) as set out below:
Samuelu Sakaio must pay rent and the debt as follows: a. By one lump sum payment of $2,250.00 on 11/09/2024. b. By 21 weekly payments of $790.00, being $690.00 for rent and $100.00 for the debt. c. A final payment of $724.27, being $690.00 for rent and $34.27 for the debt. d. Weekly payments will be every Wednesday, with the first payment on 21/08/2024 and continuing until 22/01/2025.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent, rent arrears and the water rates within 2 working days of the due dates: a. The tenancy at 43 Edmonton Road, Henderson, Auckland 0612 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

Only the landlord attended the hearing. The landlord had spoken to the tenant recently, and expected them to be present, however, no one attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. However, the landlord was open to considering a conditional termination order.

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.
Rent was not 21 days in arrears at the date of the application. The application for termination was instead made for non-payment of rent. See section 56(1) Residential Tenancies Act 1986. A notice advising the tenant they were in rent arrears was issued on 14/06/2024 and the tenant failed to repay the arrears within the 14 days following.
As at the date of hearing, the rent had fallen further into arrears, and was more than 21 days in arrears. Given that, the Tribunal shall determine the matter as if an application had been made under section 55 of the Residential Tenancies Act 1986. See section 56(2) Residential Tenancies Act 1986.
During the hearing, the landlord stated that during his last interaction with the tenant’s partner, the tenant’s partner indicated they were in a position to re-pay the outstanding rent arrears immediately. Given that indication, the landlord was agreeable to a conditional order which required a lump sum payment equivalent to the rent arrears be made within the next 28 days, with the water rates being paid off by weekly instalment commencing next week.
Although the tenant was not present, I am satisfied it is in the best interests of the tenant to set a conditional payment schedule to pay off the debt rather than order immediate termination. I have therefore 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.
Given Auckland Property Management Ltd Acting Agent For Corner Stone Investments Nz Ltd has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 4940845 — Rent arrears at 43 Edmonton Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4940845 — Rent arrears at 43 Edmonton Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions