How much money was awarded in case 5156971?

Filing Fee: $27.00 awarded to landlord; Water Rates: $123.29 awarded to landlord

What type of tenancy dispute was case 5156971?

The dispute type was not classified.

Where can I read the official tribunal order for case 5156971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11625770-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5156971?

Filing Fee: $27.00 awarded to landlord; Water Rates: $123.29 awarded to landlord

What type of tenancy dispute was case 5156971?

The dispute type was not classified.

Where can I read the official tribunal order for case 5156971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11625770-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 17 Orchid Place, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5156971 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5156971?

The tribunal order states: Chanell Murray owes Gralin Property Management (Auckland Central) Limited

Order

Claims and awards in Tenancy Tribunal application 5156971 — net $150.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to 31/03/25	$123.29	2. The landlord has applied for termination of the tenancy, water rates arrears and reimbursement of the filing fee The tenant wants to repay the debt to avoid…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$150.29
Total payable by Tenant to Landlord	$150.29

Chanell Murray owes Gralin Property Management (Auckland Central) Limited As Agents For Quan Hong $150.29 (“the debt”), calculated as set out in the table below:

Chanell Murray must pay rent and the debt as follows: a. By a weekly payment of $941.72, being $771.43 for rent due on 31 March 2025 (9 days, to adjust rent payments due dates to Monday’s) and $150.29 for repayment of the debt and $20.00 water rates to be paid in advance, as agreed by the tenant. b. Payments will be $620.00 every week on a Monday, with the first payment due on Monday 7 April 2025. These weekly payments are made up of $600.00 rent and $20.00 towards the tenant’s monthly water bill.

If the tenant fails to pay the debt and her first two rent payments (31 March 2025 and 7 April 2025) within 2 working days of these due dates: a. The tenancy at Unit/Flat 1, 17 Orchid Place, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

The tenant agrees to request that her employer automatically deduct from her wages $620.00 per week, for her rent and water rates payments, and pay this weekly amount to Gralin Property Management Auckland Central Limited’s ANZ Bank account 06 0185 0897458 00 from her wages, on Monday’s commencing on Monday 7 April 2025.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, water rates arrears 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 her rent in full and on time and 6failing to pay her water rates as they fall due. On 17 January 2025 the landlord served a 14-day notice on the tenant for failing to pay her water rates in full, but the breach was not remedied within the required period.

The landlord says it also issued the tenant with a 14-day notice on 17 January 2025 for rent arrears, but it did not provide this notice to the Tribunal.

The tenant explained that her partner left her and her children last year, while she was engaged in full time study. As such, she has struggled to pay her rent and water rates in full and on time. She accepts that, despite her best efforts, she has been unable to fully repay her debts to the landlord. She has provided evidence to the Tribunal that she has completed her degree and has secured full time employment with Harbour Sport, after successfully completing her 90- day trial period. In recognition of her contribution and her work ethic, Harbour Sport have loaned her the money to fully repay her rent arrears and have agreed in writing to directly deduct her rent payments from her salary to Gralin Property Management (Auckland Central) Limited. As such, I find it would be inequitable to immediately terminate her tenancy, as requested by the landlord.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. To allow the landlord certainty that the tenant will not commit any further breaches of her tenant obligations, I have granted a conditional termination. This gives the tenant time to fully repay her debt and set up the direct debt from her wages to cover future rent and water rates payments by the due dates. 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. Reimbursement of filing fee

Because Gralin Property Management (Auckland Central) Limited As Agents For Quan Hong has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5156971 — net $150.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to 31/03/25	$123.29	2. The landlord has applied for termination of the tenancy, water rates arrears and reimbursement of the filing fee The tenant wants to repay the debt to avoid…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$150.29
Total payable by Tenant to Landlord	$150.29

Order

Chanell Murray owes Gralin Property Management (Auckland Central) Limited As Agents For Quan Hong $150.29 (“the debt”), calculated as set out in the table below:
Chanell Murray must pay rent and the debt as follows: a. By a weekly payment of $941.72, being $771.43 for rent due on 31 March 2025 (9 days, to adjust rent payments due dates to Monday’s) and $150.29 for repayment of the debt and $20.00 water rates to be paid in advance, as agreed by the tenant. b. Payments will be $620.00 every week on a Monday, with the first payment due on Monday 7 April 2025. These weekly payments are made up of $600.00 rent and $20.00 towards the tenant’s monthly water bill.
If the tenant fails to pay the debt and her first two rent payments (31 March 2025 and 7 April 2025) within 2 working days of these due dates: a. The tenancy at Unit/Flat 1, 17 Orchid Place, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
The tenant agrees to request that her employer automatically deduct from her wages $620.00 per week, for her rent and water rates payments, and pay this weekly amount to Gralin Property Management Auckland Central Limited’s ANZ Bank account 06 0185 0897458 00 from her wages, on Monday’s commencing on Monday 7 April 2025.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, water rates arrears 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 her rent in full and on time and 6failing to pay her water rates as they fall due. On 17 January 2025 the landlord served a 14-day notice on the tenant for failing to pay her water rates in full, but the breach was not remedied within the required period.
The landlord says it also issued the tenant with a 14-day notice on 17 January 2025 for rent arrears, but it did not provide this notice to the Tribunal.
The tenant explained that her partner left her and her children last year, while she was engaged in full time study. As such, she has struggled to pay her rent and water rates in full and on time. She accepts that, despite her best efforts, she has been unable to fully repay her debts to the landlord. She has provided evidence to the Tribunal that she has completed her degree and has secured full time employment with Harbour Sport, after successfully completing her 90- day trial period. In recognition of her contribution and her work ethic, Harbour Sport have loaned her the money to fully repay her rent arrears and have agreed in writing to directly deduct her rent payments from her salary to Gralin Property Management (Auckland Central) Limited. As such, I find it would be inequitable to immediately terminate her tenancy, as requested by the landlord.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. To allow the landlord certainty that the tenant will not commit any further breaches of her tenant obligations, I have granted a conditional termination. This gives the tenant time to fully repay her debt and set up the direct debt from her wages to cover future rent and water rates payments by the due dates. 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. Reimbursement of filing fee
Because Gralin Property Management (Auckland Central) Limited As Agents For Quan Hong has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5156971 — Tenancy dispute at Unit/Flat 1, 17 Orchid Place, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5156971 — Tenancy dispute at Unit/Flat 1, 17 Orchid Place, Te Atatu South, Auckland 0610

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