What was Tenancy Tribunal case 5016549 about?

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

How much money was awarded in case 5016549?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,241.43 awarded to landlord; Water Rates: $408.83 awarded to landlord

What type of tenancy dispute was case 5016549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5016549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486246-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5016549 about?

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

How much money was awarded in case 5016549?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,241.43 awarded to landlord; Water Rates: $408.83 awarded to landlord

What type of tenancy dispute was case 5016549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5016549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486246-Tribunal_Order_Redacted.pdf.

233 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5016549 — Rent arrears

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233 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5016549 — 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 5016549. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 February 2025	$1,241.43	2. The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.
Water rates	$408.83	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5016549. Verify on MoJ.

Rent arrears to 25 February 2025

Amount: $1,241.43
Awarded to: Landlord
Reason: 2. The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.

Water rates

Amount: $408.83
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
must pay immediately as calculated in the table below.

Reasons

The landlord attended today’s video hearing. The tenant was telephoned twice but neither calls were answered. The tenant did not attend by the video link. I am satisfied that the tenant has been told of today’s hearing and therefore the hearing proceeded in her absence.
The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.
The tenancy began on the 5 December 2022. Throughout the tenancy the tenant has generally paid rent on time. However, in June last year the tenant missed a weekly rent payment. The tenant has also only been paying $620 per week when the weekly rent is $630. This has meant that the rent arrears have grown as time passes. The landlord sent the tenant a 14-day breach notice on the 11 September 2024. This breach notice was not remedied.
The tenant also owes $408.83 for water rates (invoiced to January 2025). The tenant has stopped making regular payments towards water and has not paid any water since August 2024. I am satisfied that the tenant owes the water rates invoiced.
The landlord has not issued a breach notice for the non-payment of water rates.
The landlord asked for a conditional termination today. However, I am not prepared to grant a termination of this tenancy (on the finest of margins) because of the following: a. The length of the tenancy. b. That the tenant pays rent each week but are simply paying the incorrect amount. c. I do not consider termination proportionate to the breach.
I am concerned that these tenants have been breach for a considerable period and have refused to engage with the landlord. The tenants need to change the rent payment to the correct amount of $630.00 per week immediately and need to address the water and rent arrears.
The tenants should not interpret my decision to decline termination as condoning their actions rather they should be aware that they are on final notice to pay the correct amount of rent and pay the arrears. Further breaches will not be tolerated by the landlord and it is likely that if there are further breaches then the landlord will be successful in any application for termination.
Because has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

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 5016549. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 February 2025	$1,241.43	2. The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.
Water rates	$408.83	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5016549. Verify on MoJ.

Rent arrears to 25 February 2025

Amount: $1,241.43
Awarded to: Landlord
Reason: 2. The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.

Water rates

Amount: $408.83
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
must pay immediately as calculated in the table below.

Reasons

The landlord attended today’s video hearing. The tenant was telephoned twice but neither calls were answered. The tenant did not attend by the video link. I am satisfied that the tenant has been told of today’s hearing and therefore the hearing proceeded in her absence.
The landlord has applied for termination, rent arrears, water rates arrears and reimbursement of the filing fee.
The tenancy began on the 5 December 2022. Throughout the tenancy the tenant has generally paid rent on time. However, in June last year the tenant missed a weekly rent payment. The tenant has also only been paying $620 per week when the weekly rent is $630. This has meant that the rent arrears have grown as time passes. The landlord sent the tenant a 14-day breach notice on the 11 September 2024. This breach notice was not remedied.
The tenant also owes $408.83 for water rates (invoiced to January 2025). The tenant has stopped making regular payments towards water and has not paid any water since August 2024. I am satisfied that the tenant owes the water rates invoiced.
The landlord has not issued a breach notice for the non-payment of water rates.
The landlord asked for a conditional termination today. However, I am not prepared to grant a termination of this tenancy (on the finest of margins) because of the following: a. The length of the tenancy. b. That the tenant pays rent each week but are simply paying the incorrect amount. c. I do not consider termination proportionate to the breach.
I am concerned that these tenants have been breach for a considerable period and have refused to engage with the landlord. The tenants need to change the rent payment to the correct amount of $630.00 per week immediately and need to address the water and rent arrears.
The tenants should not interpret my decision to decline termination as condoning their actions rather they should be aware that they are on final notice to pay the correct amount of rent and pay the arrears. Further breaches will not be tolerated by the landlord and it is likely that if there are further breaches then the landlord will be successful in any application for termination.
Because has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5016549 — Rent arrears at 233 Swanson Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5016549 — Rent arrears at 233 Swanson Road, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions