What was the outcome of Tenancy Tribunal case 5029448?

The tribunal order states: Jay Soolefai must pay The Rent Shop Limited $2,666.38, calculated as shown

How much money was awarded in case 5029448?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,098.91 awarded to landlord; Water Rates: $540.47 awarded to landlord

What type of tenancy dispute was case 5029448?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233567-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5029448?

The tribunal order states: Jay Soolefai must pay The Rent Shop Limited $2,666.38, calculated as shown

How much money was awarded in case 5029448?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,098.91 awarded to landlord; Water Rates: $540.47 awarded to landlord

What type of tenancy dispute was case 5029448?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233567-Tenancy_Tribunal_Order.pdf.

12B Mataura Place, Clover Park, Auckland 2019 Tenancy Tribunal Case 5029448 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5029448 — net $2,666.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to 24/12/2024	$2,098.91	Rent arrears and rent due to 24/12/2024
Water rates to 29/11/2024	$540.47	Water rates to 29/11/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,666.38
Total payable by Tenant to Landlord	$2,666.38

Jay Soolefai must pay The Rent Shop Limited $2,666.38, calculated as shown in the table below:

The Tribunal declares at the landlord’s request that the rent week will alter to run from Wednesday to Tuesday each week to align with the tenant’s pay day.

Jay Soolefai must pay rent and the debt as follows: a. A payment of $500.00 on Wednesday 18 December 2024. b. A payment of $700.00 by Friday 27 December 2024 being $620.00 for rent and $80.00 for the debt, c. A payment of $700.00 by Friday 3 January 2024 being $620.00 for rent and $80.00 for the debt, DescriptionLandlord Rent arrears and rent due to 24/12/2024$2,098.91 Water rates to 29/11/2024$540.47 Filing fee reimbursement$27.00 Total award$2,666.38 Total payable by Tenant to Landlord$2,666.38 d. From Wednesday 8 January 2024 weekly payments of $700.00, being $620.00 for rent and $80.00 for the debt, e. Payments for rent and the debt will continue every Wednesday until the debt is repaid in full.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 12B Mataura Place, Clover Park, Auckland 2019 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 water arrears and filing fee within 2 working days of the due date, they will be payable immediately.

Reasons

Only the applicant landlord attended the hearing which took place by telephone conference. The tenant was called on the number provided three times and the calls went to voicemail.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears and reimbursement of the filing fee.

Does the tenant owe rent and water arrears?

The landlord has provided a rent summary and water statement proving the amounts owing as recorded in the table in Order 1.

Should a conditional termination order be made?

The landlord seeks a conditional termination order today. The landlord has advised today that their intention is not to terminate this tenancy but the intention is that the tenant pay the arrears. However, if the tenant does not pay the arrears the landlord may enforce the termination.

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 due. On 23 September 2024 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 for the following reasons: (a)The tenant is consistently paying $500.00 per week but the weekly rent is $620.00. (b)The landlord advised that the tenant did not attend the scheduled mediation. (c)The tenant did not attend the hearing today. (d)The arrears have increased since the application was filed and will continue to increase if the tenant does not make changes to the rent being paid.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence of the landlord I am satisfied the tenant will pay the debt within the period specified in the order if the payment plan is adhered to and is unlikely to commit any further breach. 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.

Because The Rent Shop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5029448 — net $2,666.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to 24/12/2024	$2,098.91	Rent arrears and rent due to 24/12/2024
Water rates to 29/11/2024	$540.47	Water rates to 29/11/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,666.38
Total payable by Tenant to Landlord	$2,666.38

Order

Jay Soolefai must pay The Rent Shop Limited $2,666.38, calculated as shown in the table below:
The Tribunal declares at the landlord’s request that the rent week will alter to run from Wednesday to Tuesday each week to align with the tenant’s pay day.
Jay Soolefai must pay rent and the debt as follows: a. A payment of $500.00 on Wednesday 18 December 2024. b. A payment of $700.00 by Friday 27 December 2024 being $620.00 for rent and $80.00 for the debt, c. A payment of $700.00 by Friday 3 January 2024 being $620.00 for rent and $80.00 for the debt, DescriptionLandlord Rent arrears and rent due to 24/12/2024$2,098.91 Water rates to 29/11/2024$540.47 Filing fee reimbursement$27.00 Total award$2,666.38 Total payable by Tenant to Landlord$2,666.38 d. From Wednesday 8 January 2024 weekly payments of $700.00, being $620.00 for rent and $80.00 for the debt, e. Payments for rent and the debt will continue every Wednesday until the debt is repaid in full.
Payments will be allocated in the following order: rent, rent arrears, water arrears and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 12B Mataura Place, Clover Park, Auckland 2019 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 water arrears and filing fee within 2 working days of the due date, they will be payable immediately.

Reasons

Only the applicant landlord attended the hearing which took place by telephone conference. The tenant was called on the number provided three times and the calls went to voicemail.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears and reimbursement of the filing fee.

Does the tenant owe rent and water arrears?

The landlord has provided a rent summary and water statement proving the amounts owing as recorded in the table in Order 1.

Should a conditional termination order be made?

The landlord seeks a conditional termination order today. The landlord has advised today that their intention is not to terminate this tenancy but the intention is that the tenant pay the arrears. However, if the tenant does not pay the arrears the landlord may enforce the termination.
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 due. On 23 September 2024 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 for the following reasons: (a)The tenant is consistently paying $500.00 per week but the weekly rent is $620.00. (b)The landlord advised that the tenant did not attend the scheduled mediation. (c)The tenant did not attend the hearing today. (d)The arrears have increased since the application was filed and will continue to increase if the tenant does not make changes to the rent being paid.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence of the landlord I am satisfied the tenant will pay the debt within the period specified in the order if the payment plan is adhered to and is unlikely to commit any further breach. 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.
Because The Rent Shop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5029448 — Rent arrears at 12B Mataura Place, Clover Park, Auckland 2019

At a glance

Tenancy Tribunal case 5029448 — Rent arrears at 12B Mataura Place, Clover Park, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and water arrears?

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

Does the tenant owe rent and water arrears?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions