What was the outcome of Tenancy Tribunal case 5126931?

The tribunal order states: The tenancy of Alofaaga Luapule and Naifoua Moapi Luapule Sao at Unit/Flat

How much money was awarded in case 5126931?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $650.00 awarded to landlord

What type of tenancy dispute was case 5126931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5126931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429464-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5126931?

The tribunal order states: The tenancy of Alofaaga Luapule and Naifoua Moapi Luapule Sao at Unit/Flat

How much money was awarded in case 5126931?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $650.00 awarded to landlord

What type of tenancy dispute was case 5126931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5126931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429464-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5126931 — Rent arrears

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Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5126931 — 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 5126931 — net $677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 13.2.25	$650.00	The claim for rent arrears is proven. Should the tenancy be terminated?
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$677.00
Total payable by Tenant to Landlord	$677.00

Claims and awards for application 5126931 — net $677.00 NZD. Verify on MoJ.

Rent arrears as at 13.2.25

Amount: $650.00
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Should the tenancy be terminated?

Filing fee reimbursement

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

Net award

Landlord $677.00

Total payable by Tenant to Landlord

Landlord $677.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Alofaaga Luapule and Naifoua Moapi Luapule Sao at Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Edgecom Limited T/As Kings Property Management, at 11:59pm Friday 28 February 2025.
Alofaaga Luapule and Naifoua Moapi Luapule Sao must pay Edgecom Limited T/As Kings Property Management the amount of $677.00 immediately, as shown in the table below:

Reasons

Both parties attended the hearing by remote teleconference.
The landlord has applied for rent arrears and termination of the tenancy for breach of the tenant’s obligations.

How much is owed for rent arrears?

The landlord provided updated rent records which prove the outstanding rent arrears as at 13 February 2025. Having sighted the landlord’s updated rent ledger I am satisfied that the tenants are responsible for this debt.
The claim for rent arrears is proven.

Should the tenancy be terminated?

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 tenants have breached their obligations by failing to pay their rent on time as required each week.
The landlord served a 14-day notice on the tenants on 23 December 2024, and the tenants did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the long history of rent arrears.
The tenancy started on 26 November 2018. The rent ledger as provided by the landlord confirmed a history of rent arrears dating back to 2019. That said, I can also see that the tenants have made real efforts to bring the arrears up to date each time. The landlord also stated during the hearing that the tenants are good tenants.
My impression of the tenants is that they are genuinely responsible and have failed to pay the rent on time for no other reason than financial struggles. I sympathise with them but ultimately there is a flow on effect to other parties when rent is not paid on time.
Notwithstanding their real efforts to bring the arrears up to date I must grant the landlord’s request for termination based on the long history of arrears.
The landlord’s claim for termination and possession is granted.
Because Edgecom Limited T/As Kings Property Management has wholly succeeded with the claim I must reimburse the filing fee.
The bond will remain with the bond centre.

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 5126931 — net $677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 13.2.25	$650.00	The claim for rent arrears is proven. Should the tenancy be terminated?
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$677.00
Total payable by Tenant to Landlord	$677.00

Claims and awards for application 5126931 — net $677.00 NZD. Verify on MoJ.

Rent arrears as at 13.2.25

Amount: $650.00
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Should the tenancy be terminated?

Filing fee reimbursement

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

Net award

Landlord $677.00

Total payable by Tenant to Landlord

Landlord $677.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Alofaaga Luapule and Naifoua Moapi Luapule Sao at Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Edgecom Limited T/As Kings Property Management, at 11:59pm Friday 28 February 2025.
Alofaaga Luapule and Naifoua Moapi Luapule Sao must pay Edgecom Limited T/As Kings Property Management the amount of $677.00 immediately, as shown in the table below:

Reasons

Both parties attended the hearing by remote teleconference.
The landlord has applied for rent arrears and termination of the tenancy for breach of the tenant’s obligations.

How much is owed for rent arrears?

The landlord provided updated rent records which prove the outstanding rent arrears as at 13 February 2025. Having sighted the landlord’s updated rent ledger I am satisfied that the tenants are responsible for this debt.
The claim for rent arrears is proven.

Should the tenancy be terminated?

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 tenants have breached their obligations by failing to pay their rent on time as required each week.
The landlord served a 14-day notice on the tenants on 23 December 2024, and the tenants did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the long history of rent arrears.
The tenancy started on 26 November 2018. The rent ledger as provided by the landlord confirmed a history of rent arrears dating back to 2019. That said, I can also see that the tenants have made real efforts to bring the arrears up to date each time. The landlord also stated during the hearing that the tenants are good tenants.
My impression of the tenants is that they are genuinely responsible and have failed to pay the rent on time for no other reason than financial struggles. I sympathise with them but ultimately there is a flow on effect to other parties when rent is not paid on time.
Notwithstanding their real efforts to bring the arrears up to date I must grant the landlord’s request for termination based on the long history of arrears.
The landlord’s claim for termination and possession is granted.
Because Edgecom Limited T/As Kings Property Management has wholly succeeded with the claim I must reimburse the filing fee.
The bond will remain with the bond centre.

Tenancy Tribunal case 5126931 — Rent arrears at Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5126931 — Rent arrears at Unit/Flat 3, 81 Luke Street, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions