How much money was awarded in case 5007295?

Rent Arrears: $644.24 awarded to landlord; Water Rates: $407.33 awarded to landlord

What type of tenancy dispute was case 5007295?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11178660-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5007295?

Rent Arrears: $644.24 awarded to landlord; Water Rates: $407.33 awarded to landlord

What type of tenancy dispute was case 5007295?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11178660-Tribunal_Order_Redacted.pdf.

37B Cornwall Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5007295 — Rent arrears

Q: What was Tenancy Tribunal case 5007295 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 5007295 — net $1,051.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$644.24	Rent arrears to 5 December 2024
Water rates	$407.33	Water rates
Net award	$1,051.57
Total payable by Tenant to Landlord	$1,051.57

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

Rannia Prasad owes [The landlord/s] $1,051.57 (“the debt”), calculated as shown in the table below.

Rannia Prasad must pay rent and the debt as follows: a. By 10 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. A final payment of $801.57, being $750.00 for rent and $51.57 for the debt. c. Payments will be every Thursday, with the first payment on 12/12/2024 and continuing until 20/02/2025.

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 or water rates within 2 working days of the due dates: a. The tenancy at 37B Cornwall Road, Papatoetoe, Auckland 2025 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

The landlord attended the hearing. The tenant did not.

The landlord has applied for termination of the tenancy and rent arrears. Although the tenant did not attend the hearing, the landlord asked the Tribunal to consider making an order for conditional 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 falling into rent arrears and not paying their water rates invoices when due. On 28 August 2024, the landlord served a 14-day notice on the tenant, requiring the tenant to pay $3,000.00 in rent arrears by 11 September 2024. The breach was not remedied within the required period. I consider it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenancy began on 30 September 2023. The tenant first fell into rent arrears on 28 October 2023, which is only one month after the tenancy began. b. The tenant has been in a constant state of rent arrears since 8 June 2024, which is a period of 6 months. c. At its height, rent arrears totalled $3,000.00 (28 days). d. The tenant has also failed to pay their water rates invoices when due. At their highest, outstanding water rates totalled $2,490.11.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the landlord, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. The landlord provided a rent summary which shows that since 30 August 2024, the tenant has made a concerted effort to pay her rent and the arrears. Rent has been paid when due and at the date of the hearing arrears were down to $644.24. The tenant has also made consistent payments towards outstanding water rates. At the date of the hearing, outstanding water rates totalled $407.33. For these reasons, 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. Rent arrears and water rates

The landlord has applied for rent arrears and has provided rent records which prove the amount owing, namely $644.24.

The landlord has applied for outstanding water rates and has provided water rates invoices from the water rates authority which prove the amount owing, namely $407.33. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5007295 — net $1,051.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$644.24	Rent arrears to 5 December 2024
Water rates	$407.33	Water rates
Net award	$1,051.57
Total payable by Tenant to Landlord	$1,051.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Rannia Prasad owes [The landlord/s] $1,051.57 (“the debt”), calculated as shown in the table below.
Rannia Prasad must pay rent and the debt as follows: a. By 10 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. A final payment of $801.57, being $750.00 for rent and $51.57 for the debt. c. Payments will be every Thursday, with the first payment on 12/12/2024 and continuing until 20/02/2025.
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 or water rates within 2 working days of the due dates: a. The tenancy at 37B Cornwall Road, Papatoetoe, Auckland 2025 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

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy and rent arrears. Although the tenant did not attend the hearing, the landlord asked the Tribunal to consider making an order for conditional 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 falling into rent arrears and not paying their water rates invoices when due. On 28 August 2024, the landlord served a 14-day notice on the tenant, requiring the tenant to pay $3,000.00 in rent arrears by 11 September 2024. The breach was not remedied within the required period. I consider it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenancy began on 30 September 2023. The tenant first fell into rent arrears on 28 October 2023, which is only one month after the tenancy began. b. The tenant has been in a constant state of rent arrears since 8 June 2024, which is a period of 6 months. c. At its height, rent arrears totalled $3,000.00 (28 days). d. The tenant has also failed to pay their water rates invoices when due. At their highest, outstanding water rates totalled $2,490.11.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the landlord, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. The landlord provided a rent summary which shows that since 30 August 2024, the tenant has made a concerted effort to pay her rent and the arrears. Rent has been paid when due and at the date of the hearing arrears were down to $644.24. The tenant has also made consistent payments towards outstanding water rates. At the date of the hearing, outstanding water rates totalled $407.33. For these reasons, 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. Rent arrears and water rates
The landlord has applied for rent arrears and has provided rent records which prove the amount owing, namely $644.24.
The landlord has applied for outstanding water rates and has provided water rates invoices from the water rates authority which prove the amount owing, namely $407.33. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5007295 — Rent arrears at 37B Cornwall Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5007295 — Rent arrears at 37B Cornwall Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions