What was the outcome of Tenancy Tribunal case 4967593?

The tribunal order states: Irirangi Tui Karehana owes Fair Rentals Limited As Agent For Chaudhary

How much money was awarded in case 4967593?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,374.29 awarded to landlord; Water Rates: $886.22 awarded to landlord

What type of tenancy dispute was case 4967593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4967593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10901389-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4967593?

The tribunal order states: Irirangi Tui Karehana owes Fair Rentals Limited As Agent For Chaudhary

How much money was awarded in case 4967593?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,374.29 awarded to landlord; Water Rates: $886.22 awarded to landlord

What type of tenancy dispute was case 4967593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4967593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10901389-Tenancy_Tribunal_Order.pdf.

9 Montana Place, Papakura, Papakura 2110 Tenancy Tribunal Case 4967593 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4967593. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 October 2024	$1,374.29	Rent arrears as at 2 October 2024
Water rates as at 15 September 2024	$886.22	Water rates as at 15 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement

Irirangi Tui Karehana owes Fair Rentals Limited As Agent For Chaudhary Properties Ltd $2,287.51 (“the debt”).

Irirangi Tui Karehana must pay the rent and the debt as follows: a. By making weekly payments of $890.00, being $740.00 for rent and $150.00 for the debt. b. Rent payments will be made on Thursdays with the first payment being made on or before Thursday 3 October 2024. c. Payments towards the debt will be every Tuesday, with the first $150.00 payment on Tuesday 8 October 2024 and continuing until the whole of the debt is cleared.

Payments will be allocated in the following order: rent, rent arrears, water rates 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 9 Montana Place, Papakura, Papakura 2110 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 water rates and filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held remotely.

I note that at today’s hearing Ms Karehana advised that Mr Rawiri Harrison ought to have already been taken off the tenancy and the landlord undertook to have him removed after today’s hearing.

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

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 and water rates as and when they fell due. I accept the evidence indicating that as at today’s date, $1374.29 is owed in rent and as at the date of the last invoice, an amount of $886.22 is owing in water.

On 9 August 2024 the landlord served a 14-day notice on the tenant outlining the breach, but the breach was not remedied within the required period.

Rent payments are a fundamental obligation owed by tenants and so it would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and discussing the situation with both parties, 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 therefore granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

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.

I note that the tenant is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim against her. C ter Haar 02 October 2024

Order

Claims and awards in Tenancy Tribunal application 4967593. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 October 2024	$1,374.29	Rent arrears as at 2 October 2024
Water rates as at 15 September 2024	$886.22	Water rates as at 15 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement

Irirangi Tui Karehana owes Fair Rentals Limited As Agent For Chaudhary Properties Ltd $2,287.51 (“the debt”).

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

If the tenant fails to pay the water rates and filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held remotely.

I note that at today’s hearing Ms Karehana advised that Mr Rawiri Harrison ought to have already been taken off the tenancy and the landlord undertook to have him removed after today’s hearing.

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

Should a conditional termination order be made?

On 9 August 2024 the landlord served a 14-day notice on the tenant outlining the breach, but the breach was not remedied within the required period.

Rent payments are a fundamental obligation owed by tenants and so it would be inequitable to refuse to terminate the tenancy.

I note that the tenant is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim against her. C ter Haar 02 October 2024

Tenancy Tribunal case 4967593 — Rent arrears at 9 Montana Place, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4967593 — Rent arrears at 9 Montana Place, Papakura, Papakura 2110

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