What was the outcome of Tenancy Tribunal case 5047548?

The tribunal order states: Jasmine Fotu and Dakota Ashley Tama Schuster must pay Westerman

How much money was awarded in case 5047548?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,754.76 awarded to landlord

What type of tenancy dispute was case 5047548?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5047548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11296591-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047548?

The tribunal order states: Jasmine Fotu and Dakota Ashley Tama Schuster must pay Westerman

How much money was awarded in case 5047548?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,754.76 awarded to landlord

What type of tenancy dispute was case 5047548?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5047548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11296591-Tenancy_Tribunal_Order.pdf.

6B Pihanga Street, Taupo, Taupo 3330 Tenancy Tribunal Case 5047548 — Rent arrears

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6B Pihanga Street, Taupo, Taupo 3330 Tenancy Tribunal Case 5047548 — 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 5047548 — net $1,781.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2025	$1,754.76	Rent arrears to 13 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,781.76
Total payable by Tenant to Landlord	$1,781.76

Claims and awards for application 5047548 — net $1,781.76 NZD. Verify on MoJ.

Rent arrears to 13 January 2025

Amount: $1,754.76
Awarded to: Landlord
Reason: Rent arrears to 13 January 2025

Filing fee reimbursement

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

Net award

Landlord $1,781.76

Total payable by Tenant to Landlord

Landlord $1,781.76

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jasmine Fotu and Dakota Ashley Tama Schuster must pay Westerman Property Solutions Limited As Agent For Jondell Trust $1,781.76 immediately, as calculated below.

Reasons

The landlord attended the hearing which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord provided rent records showing that the amount owing to 9 January is $1,383.33. A further 5 days to today is also owing. At $92.857 per day, that comes to $464.29, making a total of $1,847.62.

Should the tenancy be terminated?

Under section 55(1)(a), the Tribunal must terminate a tenancy, on application by a landlord, where the rent was at least 21 days in arrears on the date the application was filed. The weekly rent is $650. Therefore 21 days in arrears comes to $1,950.
The rent records provide show that on 24 October 2024, when the application was filed, the rent was in arrears by $1,133.33. Therefore, the tenancy may not be terminated under that section.
Under section 55(1)(aa), the Tribunal must terminate where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
The landlord said that three notices have been served within the last three months: one in October, one in December and one last week. However, on discussion of section 55(1)(aa), it was agreed they did not comply with all of the above requirements and so did not form a proper basis for 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. 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 landlord served two notices in October and December for non-payment of rent and on each occasion the breach was remedied within the 14-day notice. The minimum 14-day period for the last one has not yet expired.
Where the rent is 21 days in arrears at the date of the hearing, an application under section 56 may be treated as on under section 55. However, at today’s date the rent is not 21 days in arrears.
Therefore there is no basis to terminate under section 56.
Accordingly the application for termination is dismissed.
Based on the rent records provided, the order for $1,754.56 is established.
Because Westerman Property Solutions Limited As Agent For Jondell Trust has substantially succeeded with the claim I have reimbursed the filing fee.
There are no applications for name suppression.

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 5047548 — net $1,781.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2025	$1,754.76	Rent arrears to 13 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,781.76
Total payable by Tenant to Landlord	$1,781.76

Claims and awards for application 5047548 — net $1,781.76 NZD. Verify on MoJ.

Rent arrears to 13 January 2025

Amount: $1,754.76
Awarded to: Landlord
Reason: Rent arrears to 13 January 2025

Filing fee reimbursement

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

Net award

Landlord $1,781.76

Total payable by Tenant to Landlord

Landlord $1,781.76

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jasmine Fotu and Dakota Ashley Tama Schuster must pay Westerman Property Solutions Limited As Agent For Jondell Trust $1,781.76 immediately, as calculated below.

Reasons

The landlord attended the hearing which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord provided rent records showing that the amount owing to 9 January is $1,383.33. A further 5 days to today is also owing. At $92.857 per day, that comes to $464.29, making a total of $1,847.62.

Should the tenancy be terminated?

Under section 55(1)(a), the Tribunal must terminate a tenancy, on application by a landlord, where the rent was at least 21 days in arrears on the date the application was filed. The weekly rent is $650. Therefore 21 days in arrears comes to $1,950.
The rent records provide show that on 24 October 2024, when the application was filed, the rent was in arrears by $1,133.33. Therefore, the tenancy may not be terminated under that section.
Under section 55(1)(aa), the Tribunal must terminate where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
The landlord said that three notices have been served within the last three months: one in October, one in December and one last week. However, on discussion of section 55(1)(aa), it was agreed they did not comply with all of the above requirements and so did not form a proper basis for 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. 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 landlord served two notices in October and December for non-payment of rent and on each occasion the breach was remedied within the 14-day notice. The minimum 14-day period for the last one has not yet expired.
Where the rent is 21 days in arrears at the date of the hearing, an application under section 56 may be treated as on under section 55. However, at today’s date the rent is not 21 days in arrears.
Therefore there is no basis to terminate under section 56.
Accordingly the application for termination is dismissed.
Based on the rent records provided, the order for $1,754.56 is established.
Because Westerman Property Solutions Limited As Agent For Jondell Trust has substantially succeeded with the claim I have reimbursed the filing fee.
There are no applications for name suppression.

Tenancy Tribunal case 5047548 — Rent arrears at 6B Pihanga Street, Taupo, Taupo 3330

At a glance

Tenancy Tribunal case 5047548 — Rent arrears at 6B Pihanga Street, Taupo, Taupo 3330

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions