How much money was awarded in case 5048734?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5048734?

The dispute type was not classified.

Where can I read the official tribunal order for case 5048734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162186-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5048734?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5048734?

The dispute type was not classified.

Where can I read the official tribunal order for case 5048734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162186-Tenancy_Tribunal_Order.pdf.

7 Seagrave Place, Ilam, Christchurch 8041 Tenancy Tribunal Case 5048734 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5048734?

The tribunal order states: The tenancy of Valoula Tupuailei and Tuipelehake Tupuailei at 7 Seagrave

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Order

Claims and awards in Tenancy Tribunal application 5048734 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenancy of Valoula Tupuailei and Tuipelehake Tupuailei at 7 Seagrave Place, Ilam, Christchurch 8041 is terminated, and possession is granted to Real Property Management Limited As Agent For Darren & Linda Bentley, at 11.59 am on Monday 20 January 2025.

Valoula Tupuailei and Tuipelehake Tupuailei must pay Real Property Management Limited As Agent For Darren & Linda Bentley $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote hearing.

The landlord has applied for termination of the tenancy and rent arrears. The rent arrears application was withdrawn by the landlord as the rent was not in arrears as of the hearing date.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy 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 (“RTA”)

In this case, I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. I have extended the date for termination at the request of the landlord.

Section 55(2) RTA allows the Tribunal to refuse to make an order for termination where the breach has been remedied and it is unlikely that the tenant will commit any further breach of a similar kind. The landlord explained that the tenants were frequently in arrears with their rent. The landlord said that they had communicated 84 times with the tenant about rent arrears during the course of the tenancy (a diary of the communication was provided). A total of 14 breach notices under s.56 RTA had been served on the tenants. I am not persuaded in light of the history of this tenancy, that it is unlikely that the tenant will not fall into rent arrears again in the future.

As Real Property Management Limited As Agent For Darren & Linda Bentley has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5048734 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Valoula Tupuailei and Tuipelehake Tupuailei must pay Real Property Management Limited As Agent For Darren & Linda Bentley $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote hearing.

The landlord has applied for termination of the tenancy and rent arrears. The rent arrears application was withdrawn by the landlord as the rent was not in arrears as of the hearing date.

Should the tenancy be terminated?

The grounds have been established and the tenancy must be terminated. I have extended the date for termination at the request of the landlord.

As Real Property Management Limited As Agent For Darren & Linda Bentley has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5048734 — Tenancy dispute at 7 Seagrave Place, Ilam, Christchurch 8041

At a glance

Tenancy Tribunal case 5048734 — Tenancy dispute at 7 Seagrave Place, Ilam, Christchurch 8041

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