What was the outcome of Tenancy Tribunal case 5181011?

The tribunal order states: Anthony Julian owes Barfoot & Thompson Limited As Agents For Abbey

How much money was awarded in case 5181011?

Filing Fee: $27.00 awarded to landlord; Water Rates: $379.99 awarded to landlord

What type of tenancy dispute was case 5181011?

The dispute type was not classified.

Where can I read the official tribunal order for case 5181011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11918429-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5181011?

The tribunal order states: Anthony Julian owes Barfoot & Thompson Limited As Agents For Abbey

How much money was awarded in case 5181011?

Filing Fee: $27.00 awarded to landlord; Water Rates: $379.99 awarded to landlord

What type of tenancy dispute was case 5181011?

The dispute type was not classified.

Where can I read the official tribunal order for case 5181011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11918429-Tenancy_Tribunal_Order.pdf.

95A Pakuranga Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 5181011 — Tenancy dispute

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95A Pakuranga Road, Pakuranga, Auckland 2010 Tenancy Tribunal Case 5181011 — Tenancy dispute | 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 5181011 — net $406.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$379.99	3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$406.99
Total payable by Tenant to Landlord	$406.99

Claims and awards for application 5181011 — net $406.99 NZD. Verify on MoJ.

Water rates

Amount: $379.99
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $406.99

Total payable by Tenant to Landlord

Landlord $406.99

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Anthony Julian owes Barfoot & Thompson Limited As Agents For Abbey Pickering & Shayne Neal $406.99 (“the debt”) in accordance with the following table: DescriptionLandlord Water rates$379.99 Filing fee reimbursement$27.00 Total award$406.99 Total payable by Tenant to Landlord$406.99
Anthony Julian must pay the debt by Friday 6 June 2025.
If Anthony Julian fails to pay the water rates arrears within 2 working days of the 6 June 2025: a. The tenancy at 95A Pakuranga Road, Pakuranga, Auckland 2010 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing represented by Mr Lu.
There was no appearance for Mr Julian, and he did not answer the calls made to both mobile numbers held for him during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

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) RTA.
Mr Julian has breached his obligations by failing to pay his water rates. On 27 February 2025 the landlord served a 14-day notice on him, but the breach was not remedied within the required period.
Mr Julian has advised the landlord that he can pay the debt next week. Accordingly, I consider it just to give him an opportunity to do so to avoid termination of the tenancy. Accordingly, I have granted a conditional termination. See sections 78(3) and 85 of the RTA.
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) RTA.
Because Barfoot & Thompson Limited As Agents For Abbey Pickering & Shayne Neal has wholly succeeded with the claim I must reimburse the filing fee.

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 5181011 — net $406.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$379.99	3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$406.99
Total payable by Tenant to Landlord	$406.99

Claims and awards for application 5181011 — net $406.99 NZD. Verify on MoJ.

Water rates

Amount: $379.99
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $406.99

Total payable by Tenant to Landlord

Landlord $406.99

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Anthony Julian owes Barfoot & Thompson Limited As Agents For Abbey Pickering & Shayne Neal $406.99 (“the debt”) in accordance with the following table: DescriptionLandlord Water rates$379.99 Filing fee reimbursement$27.00 Total award$406.99 Total payable by Tenant to Landlord$406.99
Anthony Julian must pay the debt by Friday 6 June 2025.
If Anthony Julian fails to pay the water rates arrears within 2 working days of the 6 June 2025: a. The tenancy at 95A Pakuranga Road, Pakuranga, Auckland 2010 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing represented by Mr Lu.
There was no appearance for Mr Julian, and he did not answer the calls made to both mobile numbers held for him during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

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) RTA.
Mr Julian has breached his obligations by failing to pay his water rates. On 27 February 2025 the landlord served a 14-day notice on him, but the breach was not remedied within the required period.
Mr Julian has advised the landlord that he can pay the debt next week. Accordingly, I consider it just to give him an opportunity to do so to avoid termination of the tenancy. Accordingly, I have granted a conditional termination. See sections 78(3) and 85 of the RTA.
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) RTA.
Because Barfoot & Thompson Limited As Agents For Abbey Pickering & Shayne Neal has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5181011 — Tenancy dispute at 95A Pakuranga Road, Pakuranga, Auckland 2010

At a glance

Tenancy Tribunal case 5181011 — Tenancy dispute at 95A Pakuranga Road, Pakuranga, Auckland 2010

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