What was the outcome of Tenancy Tribunal case 4977989?

The tribunal order states: Summer Raumati Tuhirangi Tutukitewharau owes Climber Property Limited As

How much money was awarded in case 4977989?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Water Rates: $862.61 awarded to landlord

What type of tenancy dispute was case 4977989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11016567-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4977989?

The tribunal order states: Summer Raumati Tuhirangi Tutukitewharau owes Climber Property Limited As

How much money was awarded in case 4977989?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Water Rates: $862.61 awarded to landlord

What type of tenancy dispute was case 4977989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11016567-Tenancy_Tribunal_Order.pdf.

2 Marlene Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4977989 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

2 Marlene Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4977989 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4977989 — net $1,629.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$740.00	Rent arrears to 31 October 2024
Water rates	$862.61	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,629.61
Total payable by Tenant to Landlord	$1,629.61

Claims and awards for application 4977989 — net $1,629.61 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Water rates

Amount: $862.61
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,629.61

Total payable by Tenant to Landlord

Landlord $1,629.61

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Summer Raumati Tuhirangi Tutukitewharau owes Climber Property Limited As Agent For Ling Xu & Qian Xu $1,629.61 (“the debt”) as set out in table below:
Summer Raumati Tuhirangi Tutukitewharau must pay rent and the debt as follows: a. By 32 weekly payments of $680.00, being $630.00 for rent and $50.00 for the debt. b. A final payment of $659.61, being $630.00 for rent and $29.61 for the debt. c. Payments will be every Friday, with the first payment on 01/11/2024 and continuing until 13/06/2025.
Payments will be allocated in the following order: rent, and rent arrears.
If the tenant fails to pay rent and debt within 2 working days of the due dates: a. The tenancy at 2 Marlene Avenue, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Only the landlord attended the hearing. Calls to the tenant went unanswered.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The landlord is prepared to allow the tenant an opportunity 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 on time and being in arrears. 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.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the landlord, I allow the tenant a chance to repay the debt within the period specified in the order. I have 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.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4977989 — net $1,629.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$740.00	Rent arrears to 31 October 2024
Water rates	$862.61	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,629.61
Total payable by Tenant to Landlord	$1,629.61

Claims and awards for application 4977989 — net $1,629.61 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Water rates

Amount: $862.61
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,629.61

Total payable by Tenant to Landlord

Landlord $1,629.61

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Summer Raumati Tuhirangi Tutukitewharau owes Climber Property Limited As Agent For Ling Xu & Qian Xu $1,629.61 (“the debt”) as set out in table below:
Summer Raumati Tuhirangi Tutukitewharau must pay rent and the debt as follows: a. By 32 weekly payments of $680.00, being $630.00 for rent and $50.00 for the debt. b. A final payment of $659.61, being $630.00 for rent and $29.61 for the debt. c. Payments will be every Friday, with the first payment on 01/11/2024 and continuing until 13/06/2025.
Payments will be allocated in the following order: rent, and rent arrears.
If the tenant fails to pay rent and debt within 2 working days of the due dates: a. The tenancy at 2 Marlene Avenue, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Only the landlord attended the hearing. Calls to the tenant went unanswered.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The landlord is prepared to allow the tenant an opportunity 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 on time and being in arrears. 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.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the landlord, I allow the tenant a chance to repay the debt within the period specified in the order. I have 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.

Tenancy Tribunal case 4977989 — Rent arrears at 2 Marlene Avenue, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4977989 — Rent arrears at 2 Marlene Avenue, Te Atatu South, Auckland 0610

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