What was the outcome of Tenancy Tribunal case 5204572?

The tribunal order states: Karen Kogler owes Climber Property Limited As Agent For Fangfu Lin

How much money was awarded in case 5204572?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,091.43 awarded to landlord; Water Rates: $618.24 awarded to landlord

What type of tenancy dispute was case 5204572?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5204572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881015-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5204572?

The tribunal order states: Karen Kogler owes Climber Property Limited As Agent For Fangfu Lin

How much money was awarded in case 5204572?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,091.43 awarded to landlord; Water Rates: $618.24 awarded to landlord

What type of tenancy dispute was case 5204572?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5204572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11881015-Tenancy_Tribunal_Order.pdf.

233 Swanson Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5204572 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5204572. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/5/2025	$1,091.43	Rent arrears to 22/5/2025
Water rates	$618.24	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Karen Kogler owes Climber Property Limited As Agent For Fangfu Lin $1,736.67 (“the debt”).

Karen Kogler must pay rent and the debt as follows: a. By weekly payments of $700.00, being $630.00 for rent and $70.00 for the debt. b. Payments will be every Monday, with the first payment on 26/05/2025 and continuing until .

Payments will be allocated in the following order: rent, rent arrears, water rates 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 233 Swanson Road, Henderson, Auckland 0610 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 rates and filing fee within 2 working days of the due date, the filing fee and water rates will be payable immediately.

Reasons

Only the landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord assumes the tenant wants to repay the debt to avoid immediate termination and is agreeable to putting a conditional termination agreement in place to avoid the outright termination order that would otherwise be required.

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 rent and water invoices as they have fallen due. On 11 March 2025 the landlord served the latest 14- day notice on the tenant but the breach was not remedied within the required period. An earlier 14 day notice had been issued in September 2024 and not remedied. It would be inequitable to refuse to terminate the tenancy. The rent has been in arrears since June 2024. On 25 February 2025 the Tribunal declined the landlord’s request for termination by a “fine margin” and noted that the tenants were on “final notice to pay the correct amount of rent and pay the arrears. Further breaches will not be tolerated by the landlord and it is likely that if there are further breaches then the landlord will be successful in any application for termination.”

The tenant has not heeded that final warning. The rent and water remain significantly in arrears and the tenant did not attend the hearing to provide any explanation or reason why that termination order should not be made.

Despite this the landlord has agreed to providing the tenant one final opportunity to stay at the property by agreeing to the payment plan outlined above.

I have therefore granted the conditional termination order requested. See section 78(3) Residential Tenancies Act 1986.

The tenancy will end if the first of the $700 payments is not made by Monday and then every Monday after that until the arrears are paid off. I have not included the outstanding water rates in the conditional clause as there is no evidence a 14 day notice has been served addressing the outstanding water amount.

The repayment plan should however remain in place until the water arrears are paid off as well and the rent is a week in advance as required by the tenancy agreement.

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.

The tenant is to pay the filing fee as the application is successful.

Name suppression was not requested.

Claims and awards in Tenancy Tribunal application 5204572. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/5/2025	$1,091.43	Rent arrears to 22/5/2025
Water rates	$618.24	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

Karen Kogler owes Climber Property Limited As Agent For Fangfu Lin $1,736.67 (“the debt”).
Karen Kogler must pay rent and the debt as follows: a. By weekly payments of $700.00, being $630.00 for rent and $70.00 for the debt. b. Payments will be every Monday, with the first payment on 26/05/2025 and continuing until .
Payments will be allocated in the following order: rent, rent arrears, water rates 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 233 Swanson Road, Henderson, Auckland 0610 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 rates and filing fee within 2 working days of the due date, the filing fee and water rates will be payable immediately.

Reasons

Only the landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord assumes the tenant wants to repay the debt to avoid immediate termination and is agreeable to putting a conditional termination agreement in place to avoid the outright termination order that would otherwise be required.

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 rent and water invoices as they have fallen due. On 11 March 2025 the landlord served the latest 14- day notice on the tenant but the breach was not remedied within the required period. An earlier 14 day notice had been issued in September 2024 and not remedied. It would be inequitable to refuse to terminate the tenancy. The rent has been in arrears since June 2024. On 25 February 2025 the Tribunal declined the landlord’s request for termination by a “fine margin” and noted that the tenants were on “final notice to pay the correct amount of rent and pay the arrears. Further breaches will not be tolerated by the landlord and it is likely that if there are further breaches then the landlord will be successful in any application for termination.”
The tenant has not heeded that final warning. The rent and water remain significantly in arrears and the tenant did not attend the hearing to provide any explanation or reason why that termination order should not be made.
Despite this the landlord has agreed to providing the tenant one final opportunity to stay at the property by agreeing to the payment plan outlined above.
I have therefore granted the conditional termination order requested. See section 78(3) Residential Tenancies Act 1986.
The tenancy will end if the first of the $700 payments is not made by Monday and then every Monday after that until the arrears are paid off. I have not included the outstanding water rates in the conditional clause as there is no evidence a 14 day notice has been served addressing the outstanding water amount.
The repayment plan should however remain in place until the water arrears are paid off as well and the rent is a week in advance as required by the tenancy agreement.
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.
The tenant is to pay the filing fee as the application is successful.
Name suppression was not requested.

Tenancy Tribunal case 5204572 — Rent arrears at 233 Swanson Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5204572 — Rent arrears at 233 Swanson Road, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions