How much money was awarded in case 5152895?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; Water Rates: $60.78 awarded to landlord

What type of tenancy dispute was case 5152895?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5152895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11720485-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5152895?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; Water Rates: $60.78 awarded to landlord

What type of tenancy dispute was case 5152895?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5152895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11720485-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5152895 — Rent arrears

Q: What was Tenancy Tribunal case 5152895 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address

Order

Claims and awards in Tenancy Tribunal application 5152895. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 14 April 2025	$2,442.86	Rent arrears to the end of 14 April 2025
Water rates	$60.78	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

The landlord’s name and identifying details including the tenancy address must not be published.

Jamie Leigh Tapita Awhina Jesseana Rua, Rebecca Kura Deegan and Kevin Maxwell Sydney Deegan must pay [the landlord] $2,530.64 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 14 April 2025$2,442.86 Water rates$60.78 Filing fee reimbursement$27.00 Total award$2,530.64

Reasons

The landlord attended the hearing.

The tenants did not attend. The hearing proceeded in their absence.

The landlord seeks rent and water arrears and reimbursement of the filing fee.

The landlord is considering pursuing termination in another application if the tenants do not promptly pay the arrears and avoid further complaints from neighbours, but termination is not contemplated today. Parties

Rebecca Deegan was named as a party. However, she has left the tenancy. She is removed as a party. Kevin Deegan has been added as a tenant. He has a separate tenancy agreement, and the original tenancy agreement was not formally varied. However, the tenancy remains a single tenancy for one tenancy address in substance, but with one tenant removed and another added. I proceed to deal with the claim in that fashion.

Should the tenancy be terminated?

Rent was not 21 days in arrears when the landlord applied to the Tribunal. The Tribunal cannot order termination on that ground. 1

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. 2

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 rent on time. However, the landlord did not serve a valid 14-day notice on the tenants. Therefore, on this occasion the Tribunal cannot terminate for the breach.

The tenants may also be in breach of their obligations not to cause or permit any interference with the reasonable peace, comfort, or privacy of any neighbours. 3 Such breaches are not capable of remedy. Nonetheless, the Tribunal would typically be cautious about terminating a tenancy for breach in the absence of valid 14-day notices. Nor does it appear the tenants were given notice that the landlord would seek termination for breach of this obligation.

Today, I decline to terminate the tenancy. I am not satisfied in would be inequitable to refuse to terminate. 1 Under s 55 of the Residential Tenancies Act 1986 (RTA). 2 RTA, s 56(1). 3 RTA, s 40(2)(c).

The tenants should not be complacent, however. They should comply with their tenant obligations in future. If the landlord has to make further application to the Tribunal for rent arrears or reasonable peace breaches, the Tribunal may be inclined to order termination. Rent and water arrears

The landlord provided rent and water records to prove the arrears.

The Tribunal makes an order accordingly. Filing fee

The tenants must reimburse the landlord’s filing fee. Non-publication

The landlord seeks non-publication of her name and identifying details.

The landlord has substantially succeeded in the application. I do not consider publication is nonetheless justified in the public interest or due to the landlord’s conduct or any other circumstances.

Non-publication is allowed.

Claims and awards in Tenancy Tribunal application 5152895. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 14 April 2025	$2,442.86	Rent arrears to the end of 14 April 2025
Water rates	$60.78	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

The landlord’s name and identifying details including the tenancy address must not be published.
Jamie Leigh Tapita Awhina Jesseana Rua, Rebecca Kura Deegan and Kevin Maxwell Sydney Deegan must pay [the landlord] $2,530.64 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 14 April 2025$2,442.86 Water rates$60.78 Filing fee reimbursement$27.00 Total award$2,530.64

Reasons

The landlord attended the hearing.
The tenants did not attend. The hearing proceeded in their absence.
The landlord seeks rent and water arrears and reimbursement of the filing fee.
The landlord is considering pursuing termination in another application if the tenants do not promptly pay the arrears and avoid further complaints from neighbours, but termination is not contemplated today. Parties
Rebecca Deegan was named as a party. However, she has left the tenancy. She is removed as a party. Kevin Deegan has been added as a tenant. He has a separate tenancy agreement, and the original tenancy agreement was not formally varied. However, the tenancy remains a single tenancy for one tenancy address in substance, but with one tenant removed and another added. I proceed to deal with the claim in that fashion.

Should the tenancy be terminated?

Rent was not 21 days in arrears when the landlord applied to the Tribunal. The Tribunal cannot order termination on that ground. 1
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. 2
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 rent on time. However, the landlord did not serve a valid 14-day notice on the tenants. Therefore, on this occasion the Tribunal cannot terminate for the breach.
The tenants may also be in breach of their obligations not to cause or permit any interference with the reasonable peace, comfort, or privacy of any neighbours. 3 Such breaches are not capable of remedy. Nonetheless, the Tribunal would typically be cautious about terminating a tenancy for breach in the absence of valid 14-day notices. Nor does it appear the tenants were given notice that the landlord would seek termination for breach of this obligation.
Today, I decline to terminate the tenancy. I am not satisfied in would be inequitable to refuse to terminate. 1 Under s 55 of the Residential Tenancies Act 1986 (RTA). 2 RTA, s 56(1). 3 RTA, s 40(2)(c).
The tenants should not be complacent, however. They should comply with their tenant obligations in future. If the landlord has to make further application to the Tribunal for rent arrears or reasonable peace breaches, the Tribunal may be inclined to order termination. Rent and water arrears
The landlord provided rent and water records to prove the arrears.
The Tribunal makes an order accordingly. Filing fee
The tenants must reimburse the landlord’s filing fee. Non-publication
The landlord seeks non-publication of her name and identifying details.
The landlord has substantially succeeded in the application. I do not consider publication is nonetheless justified in the public interest or due to the landlord’s conduct or any other circumstances.
Non-publication is allowed.

Tenancy Tribunal case 5152895 — Rent arrears

At a glance

Tenancy Tribunal case 5152895 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions