What was Tenancy Tribunal case 5157191 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 2, 58 Birdwood

How much money was awarded in case 5157191?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,040.00 awarded to landlord

What type of tenancy dispute was case 5157191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5157191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11524950-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5157191 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 2, 58 Birdwood

How much money was awarded in case 5157191?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,040.00 awarded to landlord

What type of tenancy dispute was case 5157191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5157191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11524950-Tribunal_Order.pdf.

Unit/Flat 2, 58 Birdwood Avenue, Papatoetoe, Auckland Tenancy Tribunal Case 5157191 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5157191 — net $5,067.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2025	$5,040.00	Rent arrears to 4 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,067.00
Total payable by Tenant to Landlord	$5,067.00

The tenancy of [The tenant/s] at Unit/Flat 2, 58 Birdwood Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Urban South Limited as Agent For G And M 2020 Holdings Limited, immediately.

[The tenant/s] must pay Urban South Limited as Agent for G and M 2020 Holdings Limited $5,067.00 immediately, as follows:

Reasons

The landlord attended the hearing. The tenant did not attend.

The matter was allocated a hearing on 28 February 2025. At the tenant’s request the matter was adjourned to today on the basis that the tenant was to be returning to New Zealand from Samoa on 4 March 2025.

Notice of today’s hearing was sent to both parties on 28 February 2025. It was sent to the tenant by e-mail, to the e-mail address from which the tenant e- mailed the Tribunal today, so I must assume it was received by her. The hearing was allocated from 2:00pm to 3:00pm

At 1:38pm the landlord e-mailed through an updated rent summary. At 1:41pm the tenant e-mailed images of what I take to be her injured legs with the message, “Hi so sorry I'm still overseas so unwell family on Sunday evening PLSPLS”

I unsuccessfully tried to phone the tenant. I requested that the Registry e-mail the tenant to ask that she provide a number to be called on. I heard from the landlord and advised that I would continue trying to contact the tenant and would call the landlord to resume the hearing if I could do so within the allotted hearing time.

The tenant e-mailed the Registry at 2:29pm, “Plspls I still in Samoa really unwell hard to connect no data Plspls any day plspls I will be back Sunday night”

I requested the Registry to advise the tenant that, “I really can’t delay this hearing at the last minute again so I will be dealing with it today. I have asked the landlord to be available within the time allotted for this hearing – until 3:00. If Ms Paiti wishes to participate, she can provide a number by 2:45 and I will contact her and the landlord and resume the hearing. Otherwise, I will need to make an Order based on the evidence given by the landlord.”

The tenant responded at 2:54pm, “Thank you the bblem I have no voice too that's why plspls I will be back on Sunday evening PLSPLS can schedule any day next plspls my pH on and off too plspls need help plspls.”

It seems that the tenant is in very difficult circumstances. The situation is though that the hearing has already been delayed to today, following a last minute adjournment request by the tenant, to allow her to participate.

The landlord’s evidence, which the tenant has not disputed, is that no rent has been paid since the tenancy began on 15 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord also says that despite the agreement recording otherwise, the tenant has paid none of the $2,880.00 bond provided for in the agreement. The landlord also confirms that no rent payments have been made to the owners of the premises who managed the tenancy direct before the agreement was signed with this landlord

As rent was at least 21 days in arrears on the date the application was filed the landlord is entitled to an Order terminating the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.

There is no basis in the evidence for considering making a conditional termination order under s.55(1A) or for declining a termination Order under s55(2).

I am conscious that this Order is made without having heard from the tenant and against her wishes.

Had there been any suggestion that there is evidence the tenant would like to present, that might change the Tribunal’s view of the matter, I might have found otherwise. There is however no such suggestion and in my view it would not be just to the landlord to further delay consideration of its claim

The tenancy must therefore be terminated.

Because Urban South Limited has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5157191 — net $5,067.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 March 2025	$5,040.00	Rent arrears to 4 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,067.00
Total payable by Tenant to Landlord	$5,067.00

Order

The tenancy of [The tenant/s] at Unit/Flat 2, 58 Birdwood Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Urban South Limited as Agent For G And M 2020 Holdings Limited, immediately.
[The tenant/s] must pay Urban South Limited as Agent for G and M 2020 Holdings Limited $5,067.00 immediately, as follows:

Reasons

The landlord attended the hearing. The tenant did not attend.
The matter was allocated a hearing on 28 February 2025. At the tenant’s request the matter was adjourned to today on the basis that the tenant was to be returning to New Zealand from Samoa on 4 March 2025.
Notice of today’s hearing was sent to both parties on 28 February 2025. It was sent to the tenant by e-mail, to the e-mail address from which the tenant e- mailed the Tribunal today, so I must assume it was received by her. The hearing was allocated from 2:00pm to 3:00pm
At 1:38pm the landlord e-mailed through an updated rent summary. At 1:41pm the tenant e-mailed images of what I take to be her injured legs with the message, “Hi so sorry I'm still overseas so unwell family on Sunday evening PLSPLS”
I unsuccessfully tried to phone the tenant. I requested that the Registry e-mail the tenant to ask that she provide a number to be called on. I heard from the landlord and advised that I would continue trying to contact the tenant and would call the landlord to resume the hearing if I could do so within the allotted hearing time.
The tenant e-mailed the Registry at 2:29pm, “Plspls I still in Samoa really unwell hard to connect no data Plspls any day plspls I will be back Sunday night”
I requested the Registry to advise the tenant that, “I really can’t delay this hearing at the last minute again so I will be dealing with it today. I have asked the landlord to be available within the time allotted for this hearing – until 3:00. If Ms Paiti wishes to participate, she can provide a number by 2:45 and I will contact her and the landlord and resume the hearing. Otherwise, I will need to make an Order based on the evidence given by the landlord.”
The tenant responded at 2:54pm, “Thank you the bblem I have no voice too that's why plspls I will be back on Sunday evening PLSPLS can schedule any day next plspls my pH on and off too plspls need help plspls.”
It seems that the tenant is in very difficult circumstances. The situation is though that the hearing has already been delayed to today, following a last minute adjournment request by the tenant, to allow her to participate.
The landlord’s evidence, which the tenant has not disputed, is that no rent has been paid since the tenancy began on 15 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also says that despite the agreement recording otherwise, the tenant has paid none of the $2,880.00 bond provided for in the agreement. The landlord also confirms that no rent payments have been made to the owners of the premises who managed the tenancy direct before the agreement was signed with this landlord
As rent was at least 21 days in arrears on the date the application was filed the landlord is entitled to an Order terminating the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
There is no basis in the evidence for considering making a conditional termination order under s.55(1A) or for declining a termination Order under s55(2).
I am conscious that this Order is made without having heard from the tenant and against her wishes.
Had there been any suggestion that there is evidence the tenant would like to present, that might change the Tribunal’s view of the matter, I might have found otherwise. There is however no such suggestion and in my view it would not be just to the landlord to further delay consideration of its claim
The tenancy must therefore be terminated.
Because Urban South Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5157191 — Rent arrears at Unit/Flat 2, 58 Birdwood Avenue, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5157191 — Rent arrears at Unit/Flat 2, 58 Birdwood Avenue, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions