What was the outcome of Tenancy Tribunal case 5060450?

The tribunal order states: Doron Seu Leniu owes Jef Trust (Trustees: Damon And Joanne Wyman)

How much money was awarded in case 5060450?

Filing Fee: $27.00 awarded to landlord; Power Bill As At Today’S Date: $560.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $370.00 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 5060450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5060450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5060450?

The tribunal order states: Doron Seu Leniu owes Jef Trust (Trustees: Damon And Joanne Wyman)

How much money was awarded in case 5060450?

Filing Fee: $27.00 awarded to landlord; Power Bill As At Today’S Date: $560.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Property Damage: $370.00 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 5060450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5060450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232954-Tenancy_Tribunal_Order.pdf.

7 Aparangi Crescent, Elsdon, Porirua 5022 Tenancy Tribunal Case 5060450 — Property damage

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7 Aparangi Crescent, Elsdon, Porirua 5022 Tenancy Tribunal Case 5060450 — Property damage | 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 5060450 — net $1,877.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power bill as at today’s date	$560.00	Power bill as at today’s date
Repair of broken window	$290.00	Repair of broken window
Repair of 2 doors	$450.00	Repair of 2 doors
Repair of hall ceiling	$370.00	Repair of hall ceiling
Repair of door jamb	$180.00	Repair of door jamb
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,877.00
Total payable by Tenant to Landlord	$1,877.00

Claims and awards for application 5060450 — net $1,877.00 NZD. Verify on MoJ.

Power bill as at today’s date

Amount: $560.00
Awarded to: Landlord
Reason: Power bill as at today’s date

Repair of broken window

Amount: $290.00
Awarded to: Landlord
Reason: Repair of broken window

Repair of 2 doors

Amount: $450.00
Awarded to: Landlord
Reason: Repair of 2 doors

Repair of hall ceiling

Amount: $370.00
Awarded to: Landlord
Reason: Repair of hall ceiling

Repair of door jamb

Amount: $180.00
Awarded to: Landlord
Reason: Repair of door jamb

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Doron Seu Leniu owes Jef Trust (Trustees: Damon And Joanne Wyman) $1,877.00 (“the debt”), as calculated in the table below.
Doron Seu Leniu must pay the debt as follows: a. By paying the debt in full by 4pm on 17 January 2025.
If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at 7 Aparangi Crescent, Elsdon, Porirua 5022 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

Both parties attended the hearing which was held remotely.
The landlord has applied for termination of the tenancy, payment of the power bills, compensation for damages to the house and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate 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 failing to pay power bills and failure to pay for repairs of damages to the house. On 24 September 2024 the landlord served a 14-day notice on the tenant but the breaches were not remedied within the required period.
It would be inequitable to refuse to terminate the tenancy because I understand that the landlords cannot continue to carry the costs incurred with regard to the power bills and the cost of repairing the damages.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have therefore 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.
I note that the tenant has undertaken to advise the landlords immediately he knows whether WINZ will cover these costs.
I also note that the tenant has undertaken to make regular weekly payments towards a power bill that is due within the next few days. C ter Haar 18 December 2024

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 5060450 — net $1,877.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power bill as at today’s date	$560.00	Power bill as at today’s date
Repair of broken window	$290.00	Repair of broken window
Repair of 2 doors	$450.00	Repair of 2 doors
Repair of hall ceiling	$370.00	Repair of hall ceiling
Repair of door jamb	$180.00	Repair of door jamb
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,877.00
Total payable by Tenant to Landlord	$1,877.00

Claims and awards for application 5060450 — net $1,877.00 NZD. Verify on MoJ.

Power bill as at today’s date

Amount: $560.00
Awarded to: Landlord
Reason: Power bill as at today’s date

Repair of broken window

Amount: $290.00
Awarded to: Landlord
Reason: Repair of broken window

Repair of 2 doors

Amount: $450.00
Awarded to: Landlord
Reason: Repair of 2 doors

Repair of hall ceiling

Amount: $370.00
Awarded to: Landlord
Reason: Repair of hall ceiling

Repair of door jamb

Amount: $180.00
Awarded to: Landlord
Reason: Repair of door jamb

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Doron Seu Leniu owes Jef Trust (Trustees: Damon And Joanne Wyman) $1,877.00 (“the debt”), as calculated in the table below.
Doron Seu Leniu must pay the debt as follows: a. By paying the debt in full by 4pm on 17 January 2025.
If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at 7 Aparangi Crescent, Elsdon, Porirua 5022 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

Both parties attended the hearing which was held remotely.
The landlord has applied for termination of the tenancy, payment of the power bills, compensation for damages to the house and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate 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 failing to pay power bills and failure to pay for repairs of damages to the house. On 24 September 2024 the landlord served a 14-day notice on the tenant but the breaches were not remedied within the required period.
It would be inequitable to refuse to terminate the tenancy because I understand that the landlords cannot continue to carry the costs incurred with regard to the power bills and the cost of repairing the damages.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have therefore 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.
I note that the tenant has undertaken to advise the landlords immediately he knows whether WINZ will cover these costs.
I also note that the tenant has undertaken to make regular weekly payments towards a power bill that is due within the next few days. C ter Haar 18 December 2024

Tenancy Tribunal case 5060450 — Property damage at 7 Aparangi Crescent, Elsdon, Porirua 5022

At a glance

Tenancy Tribunal case 5060450 — Property damage at 7 Aparangi Crescent, Elsdon, Porirua 5022

At a glance

Award balance

Claims & awards

Order

Reasons

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

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions