What was Tenancy Tribunal case 4996953 about?

The tribunal order states: The tenancy of Cecelia Pataitai and Matapa Shelley at 36C Eastern Beach

How much money was awarded in case 4996953?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord; Plumber Invoice For Toilet: $119.93 awarded to landlord; Water Rates: $86.02 awarded to landlord

What type of tenancy dispute was case 4996953?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4996953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10850519-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4996953 about?

The tribunal order states: The tenancy of Cecelia Pataitai and Matapa Shelley at 36C Eastern Beach

How much money was awarded in case 4996953?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord; Plumber Invoice For Toilet: $119.93 awarded to landlord; Water Rates: $86.02 awarded to landlord

What type of tenancy dispute was case 4996953?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4996953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10850519-Tribunal_Order_Redacted.pdf.

36C Eastern Beach Road, Bucklands Beach, Auckland Tenancy Tribunal Case 4996953 — Rent arrears

Tenantcheck Insights

36C Eastern Beach Road, Bucklands Beach, Auckland Tenancy Tribunal Case 4996953 — 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 4996953. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,600.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water rates	$86.02		Water rates
Repairs: Plumber invoice for toilet	$119.93		Repairs: Plumber invoice for toilet
Bond		$1,832.95

Claims and awards for application 4996953. Verify on MoJ.

Rent arrears

Amount: $1,600.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $86.02
Awarded to: Landlord
Reason: Water rates

Repairs: Plumber invoice for toilet

Amount: $119.93
Awarded to: Landlord
Reason: Repairs: Plumber invoice for toilet

Bond

Tenant $1,832.95

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

The tenancy of Cecelia Pataitai and Matapa Shelley at 36C Eastern Beach Road, Bucklands Beach, Auckland 2012 is terminated, and possession is granted to [The landlord/s], at 11:59pm Monday 23 September 2024.
The Bond Centre is to pay $1,832.95 from the bond of $5,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond is to remain at the Bond Centre.

Reasons

The landlord attended the hearing by remote teleconference. Attempts were made to contact the tenants on the telephone numbers provided with the application. Both attempts were unsuccessful.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay the rent on time.
The landlord served a 14-day notice on the tenant on 15 August 2024, and the tenant did not remedy the breach within the required period. The landlord also served a number of 14-day notices on the tenants in respect of rent arrears. As at the date of the hearing the tenants have not remedied the breach by paying the overdue rent.
It would be inequitable to refuse to terminate the tenancy having considered the tenants have not remedied the breach by paying the rent arrears.
The claim is proven.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing as at the date of the hearing. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claims that the tenant blocked the toilet with excess human waste. This resulted in a plumber having to attend to unblock.
The landlord provided photographic evidence of the blocked toilet. I have also sighted the plumbers invoice filed in support of this claim. I find that the tenants are responsible for this claim.
The claim is allowed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 4996953. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,600.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water rates	$86.02		Water rates
Repairs: Plumber invoice for toilet	$119.93		Repairs: Plumber invoice for toilet
Bond		$1,832.95

Claims and awards for application 4996953. Verify on MoJ.

Rent arrears

Amount: $1,600.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $86.02
Awarded to: Landlord
Reason: Water rates

Repairs: Plumber invoice for toilet

Amount: $119.93
Awarded to: Landlord
Reason: Repairs: Plumber invoice for toilet

Bond

Tenant $1,832.95

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

The tenancy of Cecelia Pataitai and Matapa Shelley at 36C Eastern Beach Road, Bucklands Beach, Auckland 2012 is terminated, and possession is granted to [The landlord/s], at 11:59pm Monday 23 September 2024.
The Bond Centre is to pay $1,832.95 from the bond of $5,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond is to remain at the Bond Centre.

Reasons

The landlord attended the hearing by remote teleconference. Attempts were made to contact the tenants on the telephone numbers provided with the application. Both attempts were unsuccessful.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay the rent on time.
The landlord served a 14-day notice on the tenant on 15 August 2024, and the tenant did not remedy the breach within the required period. The landlord also served a number of 14-day notices on the tenants in respect of rent arrears. As at the date of the hearing the tenants have not remedied the breach by paying the overdue rent.
It would be inequitable to refuse to terminate the tenancy having considered the tenants have not remedied the breach by paying the rent arrears.
The claim is proven.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing as at the date of the hearing. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claims that the tenant blocked the toilet with excess human waste. This resulted in a plumber having to attend to unblock.
The landlord provided photographic evidence of the blocked toilet. I have also sighted the plumbers invoice filed in support of this claim. I find that the tenants are responsible for this claim.
The claim is allowed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4996953 — Rent arrears at 36C Eastern Beach Road, Bucklands Beach, Auckland

At a glance

Tenancy Tribunal case 4996953 — Rent arrears at 36C Eastern Beach Road, Bucklands Beach, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions