What was Tenancy Tribunal case 5159352 about?

The tribunal order states: [The tenant/s] and [The tenant/s] are released from all liability in respect

How much money was awarded in case 5159352?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,376.73 awarded to landlord; Water Rates: $276.29 awarded to landlord

What type of tenancy dispute was case 5159352?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5159352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11883514-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5159352 about?

The tribunal order states: [The tenant/s] and [The tenant/s] are released from all liability in respect

How much money was awarded in case 5159352?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,376.73 awarded to landlord; Water Rates: $276.29 awarded to landlord

What type of tenancy dispute was case 5159352?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5159352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11883514-Tenancy_Tribunal_Order.pdf.

16 Stephanie Close, Glenfield, Auckland 0629 Tenancy Tribunal Case 5159352 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5159352 — net $4,680.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,376.73	Rent arrears
Water rates	$276.29	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,680.02
Total payable by Tenant to Landlord	$4,680.02

[The tenant/s] and [The tenant/s] are released from all liability in respect of this tenancy.

[The tenant/s] and [The tenant/s] owe Property Connect Limited Ahmed Ali $4,680.02 (“the debt”) as shown in the table below: DescriptionLandlord Rent arrears$4,376.73 Water rates$276.29 Filing fee reimbursement$27.00 Total award$4,680.02 Total payable by Tenant to Landlord$4,680.02

[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 46 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. A final payment of $830.02, being $750.00 for rent and $80.02 for the debt. c. Payments will be every Sunday, with the first payment on 25/05/2025 and continuing until 12/04/2026.

Payments will be allocated in the following order: rent, rent arrears, water 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 16 Stephanie Close, Glenfield, Auckland 0629 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 water arrears or filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.

Mr Chapple and Mr Gandhi attended for the tenants. Mr Gandhi advised that he was also attending for Ms Chapple, but that Mr Singh has not lived at the property for some time and was not contactable.

Mr Chapple also moved out; in or around December 2023. He says that he did not sign the Tenancy agreement in any event and should not be liable. On the documents presented to me, it does not appear that Mr Chapple signed the bond form, and it is arguably not his signature on the Tenancy Agreement. Mr Chapple did apply for the tenancy, completed the Tenant Details section of the Agreement and, in August 2024, asked to be removed as a tenant.

Ultimately, I was not required to determine whether Mr Chapple was a tenant.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Mr Gandhi and Ms Chapple want to repay the debt to avoid immediate termination.

The landlord was agreeable to that but wanted Mr Singh and Mr Chapple to also remain liable for the tenancy. If Mr Chapple was a tenant, he opposed the tenancy continuing. I was also not prepared for Mr Singh to have a continuing liability in circumstances where rent was already well over 21 days in arrears.

If the landlord was not prepared to accept Mr Gandhi and Ms Chapple paying the debt and current rent, then I would have been required to terminate the tenancy immediately.

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 accepted that Mr Gandhi and Ms Chapple will pay the debt at the rate of $100.00 per week, on top of their weekly rent. I have granted a conditional termination order accordingly and have released Mr Chapple and Mr Singh from any liability under this tenancy.

The landlord also requested that the conditional order apply to future water rates. That is not possible, as those amounts have yet to be determined. However, the tenant must pay the water rates as they accrue, in accordance with the Tenancy Agreement.

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 5159352 — net $4,680.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,376.73	Rent arrears
Water rates	$276.29	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,680.02
Total payable by Tenant to Landlord	$4,680.02

Order

[The tenant/s] and [The tenant/s] are released from all liability in respect of this tenancy.
[The tenant/s] and [The tenant/s] owe Property Connect Limited Ahmed Ali $4,680.02 (“the debt”) as shown in the table below: DescriptionLandlord Rent arrears$4,376.73 Water rates$276.29 Filing fee reimbursement$27.00 Total award$4,680.02 Total payable by Tenant to Landlord$4,680.02
[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 46 weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. A final payment of $830.02, being $750.00 for rent and $80.02 for the debt. c. Payments will be every Sunday, with the first payment on 25/05/2025 and continuing until 12/04/2026.
Payments will be allocated in the following order: rent, rent arrears, water 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 16 Stephanie Close, Glenfield, Auckland 0629 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 water arrears or filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
Mr Chapple and Mr Gandhi attended for the tenants. Mr Gandhi advised that he was also attending for Ms Chapple, but that Mr Singh has not lived at the property for some time and was not contactable.
Mr Chapple also moved out; in or around December 2023. He says that he did not sign the Tenancy agreement in any event and should not be liable. On the documents presented to me, it does not appear that Mr Chapple signed the bond form, and it is arguably not his signature on the Tenancy Agreement. Mr Chapple did apply for the tenancy, completed the Tenant Details section of the Agreement and, in August 2024, asked to be removed as a tenant.
Ultimately, I was not required to determine whether Mr Chapple was a tenant.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Mr Gandhi and Ms Chapple want to repay the debt to avoid immediate termination.
The landlord was agreeable to that but wanted Mr Singh and Mr Chapple to also remain liable for the tenancy. If Mr Chapple was a tenant, he opposed the tenancy continuing. I was also not prepared for Mr Singh to have a continuing liability in circumstances where rent was already well over 21 days in arrears.
If the landlord was not prepared to accept Mr Gandhi and Ms Chapple paying the debt and current rent, then I would have been required to terminate the tenancy immediately.
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 accepted that Mr Gandhi and Ms Chapple will pay the debt at the rate of $100.00 per week, on top of their weekly rent. I have granted a conditional termination order accordingly and have released Mr Chapple and Mr Singh from any liability under this tenancy.
The landlord also requested that the conditional order apply to future water rates. That is not possible, as those amounts have yet to be determined. However, the tenant must pay the water rates as they accrue, in accordance with the Tenancy Agreement.
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 5159352 — Rent arrears at 16 Stephanie Close, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 5159352 — Rent arrears at 16 Stephanie Close, Glenfield, Auckland 0629

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