How much money was awarded in case 5060749?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,268.57 awarded to landlord; Water Rates: $32.97 awarded to landlord

What type of tenancy dispute was case 5060749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130816-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5060749?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,268.57 awarded to landlord; Water Rates: $32.97 awarded to landlord

What type of tenancy dispute was case 5060749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130816-Tribunal_Order_Redacted.pdf.

298 Rosebank Road, Avondale, Auckland 1026 Tenancy Tribunal Case 5060749 — Rent arrears

Q: What was Tenancy Tribunal case 5060749 about?

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

Order

Claims and awards in Tenancy Tribunal application 5060749 — net $3,328.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 November 2024	$3,268.57	Rent arrears (to 26 November 2024
Water rates	$32.97	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,328.54
Total payable by Tenant to Landlord	$3,328.54

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name.

Sione Manu and Airiana Manu owes [The landlord/s] $3,328.54 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 26 November 2024)$3,268.57 Water rates$32.97 Filing fee reimbursement$27.00 Total award$3,328.54 Total payable by Tenant to Landlord$3,328.54

Sione Manu and Airiana Manu must pay rent and the debt as follows: a. By 9 weekly payments of $1,230.00, being $880.00 for rent and $350.00 for the debt. b. A final payment of $1,058.54, being $880.00 for rent and $178.54 for the debt. c. Payments will be on or before Friday, with the first payment on 29/11/2024 and continuing until 31/01/2025.

Payments will be allocated in the following order: rent, rent 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 298 Rosebank Road, Avondale, Auckland 1026 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.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

The landlord was prepared for the Tribunal to make a conditional termination order provided the arrears could be paid in one lump sum before the end of the week. That proposal was unrealistic. The landlord opposed any other conditional order being made.

The tenant said that it wanted to clear the debt by the end of December. Having regard to the current weekly rent, the level of debt and the tenant’s circumstances, this proposal also seemed unrealistic.

These arrears arose when the tenant was off work, sick, for a short period. The tenant is embarrassed by its current circumstances and has been reluctant to engage with the landlord. It is important that the tenant communicate with the landlord to try to resolve any issues at an early stage.

Having regard to the circumstances of both parties, I consider that the payment plan set out in Order 3 above is achievable and appropriate. I have granted a conditional termination order. However, the tenant should be aware that this will likely be its last chance to pay off arrears and to keep rent up to date.

If the tenant can pay the debt more quickly, and by lump sum then it should do so.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5060749 — net $3,328.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 November 2024	$3,268.57	Rent arrears (to 26 November 2024
Water rates	$32.97	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,328.54
Total payable by Tenant to Landlord	$3,328.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name.
Sione Manu and Airiana Manu owes [The landlord/s] $3,328.54 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 26 November 2024)$3,268.57 Water rates$32.97 Filing fee reimbursement$27.00 Total award$3,328.54 Total payable by Tenant to Landlord$3,328.54
Sione Manu and Airiana Manu must pay rent and the debt as follows: a. By 9 weekly payments of $1,230.00, being $880.00 for rent and $350.00 for the debt. b. A final payment of $1,058.54, being $880.00 for rent and $178.54 for the debt. c. Payments will be on or before Friday, with the first payment on 29/11/2024 and continuing until 31/01/2025.
Payments will be allocated in the following order: rent, rent 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 298 Rosebank Road, Avondale, Auckland 1026 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.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The landlord was prepared for the Tribunal to make a conditional termination order provided the arrears could be paid in one lump sum before the end of the week. That proposal was unrealistic. The landlord opposed any other conditional order being made.
The tenant said that it wanted to clear the debt by the end of December. Having regard to the current weekly rent, the level of debt and the tenant’s circumstances, this proposal also seemed unrealistic.
These arrears arose when the tenant was off work, sick, for a short period. The tenant is embarrassed by its current circumstances and has been reluctant to engage with the landlord. It is important that the tenant communicate with the landlord to try to resolve any issues at an early stage.
Having regard to the circumstances of both parties, I consider that the payment plan set out in Order 3 above is achievable and appropriate. I have granted a conditional termination order. However, the tenant should be aware that this will likely be its last chance to pay off arrears and to keep rent up to date.
If the tenant can pay the debt more quickly, and by lump sum then it should do so.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 5060749 — Rent arrears at 298 Rosebank Road, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5060749 — Rent arrears at 298 Rosebank Road, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions