How much money was awarded in case 4985410?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $14,319.71 awarded to landlord; Water Rates: $552.05 awarded to landlord

What type of tenancy dispute was case 4985410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4985410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11102700-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4985410?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $14,319.71 awarded to landlord; Water Rates: $552.05 awarded to landlord

What type of tenancy dispute was case 4985410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4985410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11102700-Tribunal_Order_Redacted.pdf.

39B Simpson Road, Ranui, Auckland 0612 Tenancy Tribunal Case 4985410 — Rent arrears

Q: What was Tenancy Tribunal case 4985410 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4985410. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 Nov 2024	$14,319.71	Rent arrears to 20 Nov 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 12 Nov 2024	$552.05	Water rates to 12 Nov 2024

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.

[The tenant/s] owe Ezystayz Limited As Agent For Owner $14,898.76 (“the debt”) as set out below:

[The tenant/s] must pay rent and the debt as follows: a. By one lump-sum payment of $1,500.00 by 5pm on 22/11/2024. b. By 133 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. c. A final payment of $848.76, being $750.00 for rent and $98.76 for the debt. d. Payments will be every Saturday, with the first payment on 30/11/2024 and continuing until 19/06/2027.

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

If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 39B Simpson Road, Ranui, 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the video hearing. The tenants were represented by one tenant, [Tenant A], at the hearing. [Tenant A] indicated she had permission of the two other tenants to represent their interests.

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

Do the tenants owe rent arrears and water rates?

[Tenant A] accepted the amount sought in rent arrears and water rates was correct and owing.

The landlord filed an updated rent summary in support of the rent arrears sought to the end of 20 November 2024.

The landlord also filed a summary of all water invoices sent to the tenants and the Watercare invoices in support of the amount owing in water rates for the period 9 Feb 2024 to 12 Nov 2024.

The landlord’s summary shows all payments towards the water bills made by the tenants in that period. The tenants had made a total of four payments, each of $50.00, in that period.

I note that all the water invoices the landlord sent the tenant in that period accurately reflect the consumption charges from Watercare, except one. The invoice dated 13 Mar 2024, indicates that the tenants’ water consumption from 9 Feb to 12 Mar 2024 totalled $160.70, however, the landlord’s summary shows that on 16 Mar 2024 the tenants were charged $133.51 for that period.

As the parties were in agreement as to the total owed in water rates, I award the amount as sought by the landlord, including $133.51 for the March 2024 period.

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.

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) Residential Tenancies Act 1986. Should the tenant reimburse the landlord’s filing fee?

As the landlord has succeeded with the claim the tenant must reimburse the filing fee. The tenants did not dispute reimbursing the landlord for the filing fee and it is included in the total debt in the orders above.

Claims and awards in Tenancy Tribunal application 4985410. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 Nov 2024	$14,319.71	Rent arrears to 20 Nov 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 12 Nov 2024	$552.05	Water rates to 12 Nov 2024

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
[The tenant/s] owe Ezystayz Limited As Agent For Owner $14,898.76 (“the debt”) as set out below:
[The tenant/s] must pay rent and the debt as follows: a. By one lump-sum payment of $1,500.00 by 5pm on 22/11/2024. b. By 133 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. c. A final payment of $848.76, being $750.00 for rent and $98.76 for the debt. d. Payments will be every Saturday, with the first payment on 30/11/2024 and continuing until 19/06/2027.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 39B Simpson Road, Ranui, 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the video hearing. The tenants were represented by one tenant, [Tenant A], at the hearing. [Tenant A] indicated she had permission of the two other tenants to represent their interests.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Do the tenants owe rent arrears and water rates?

[Tenant A] accepted the amount sought in rent arrears and water rates was correct and owing.
The landlord filed an updated rent summary in support of the rent arrears sought to the end of 20 November 2024.
The landlord also filed a summary of all water invoices sent to the tenants and the Watercare invoices in support of the amount owing in water rates for the period 9 Feb 2024 to 12 Nov 2024.
The landlord’s summary shows all payments towards the water bills made by the tenants in that period. The tenants had made a total of four payments, each of $50.00, in that period.
I note that all the water invoices the landlord sent the tenant in that period accurately reflect the consumption charges from Watercare, except one. The invoice dated 13 Mar 2024, indicates that the tenants’ water consumption from 9 Feb to 12 Mar 2024 totalled $160.70, however, the landlord’s summary shows that on 16 Mar 2024 the tenants were charged $133.51 for that period.
As the parties were in agreement as to the total owed in water rates, I award the amount as sought by the landlord, including $133.51 for the March 2024 period.

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.
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) Residential Tenancies Act 1986. Should the tenant reimburse the landlord’s filing fee?
As the landlord has succeeded with the claim the tenant must reimburse the filing fee. The tenants did not dispute reimbursing the landlord for the filing fee and it is included in the total debt in the orders above.

Tenancy Tribunal case 4985410 — Rent arrears at 39B Simpson Road, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4985410 — Rent arrears at 39B Simpson Road, Ranui, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Do the tenants owe rent arrears and water rates?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Do the tenants owe rent arrears and water rates?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions