What was the outcome of Tenancy Tribunal case 5217512?

The tribunal order states: The tenancy of Karen Randall at 19 Alidade Place, Massey, Auckland 0614 is

How much money was awarded in case 5217512?

Filing Fee: $27.00 awarded to landlord; Rent Owed: $630.00 awarded to landlord; Water Rates: $226.80 awarded to landlord

What type of tenancy dispute was case 5217512?

The primary dispute was Rent arrears. Related themes: Water Rates.

Where can I read the official tribunal order for case 5217512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11748698-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5217512?

The tribunal order states: The tenancy of Karen Randall at 19 Alidade Place, Massey, Auckland 0614 is

How much money was awarded in case 5217512?

Filing Fee: $27.00 awarded to landlord; Rent Owed: $630.00 awarded to landlord; Water Rates: $226.80 awarded to landlord

What type of tenancy dispute was case 5217512?

The primary dispute was Rent arrears. Related themes: Water Rates.

Where can I read the official tribunal order for case 5217512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11748698-Tenancy_Tribunal_Order.pdf.

19 Alidade Place, Massey, Auckland 0614 Tenancy Tribunal Case 5217512 — Rent arrears

Claims and awards in Tenancy Tribunal application 5217512. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 29 April 2025	$630.00	Rent owed to 29 April 2025
Water rates	$226.80	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

The tenancy of Karen Randall at 19 Alidade Place, Massey, Auckland 0614 is terminated, and possession is granted to Donna Gladwin, at 5pm, Tuesday 29 April 2025.
The Bond Centre is to pay the bond of $2,520.00 (BN-00011855) immediately apportioned as follows: Donna Gladwin: $883.80 Karen Randall: $1,636.20
Payment of the bond is on the basis of the following:

Reasons

Both parties attended the in-person hearing.
The landlord has applied for termination of the periodic tenancy on the grounds a notice was issued giving the tenant 42-days notice that the premises would be required as the principal residence of the landlord’s family member, rent arrears, compensation for unpaid water rates, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant accepts she owes the landlord the water rates sought, and that she failed to pay rent on 22 April 2025 for the week 23 – 29 April 2025. The tenant opposes the order for termination. Rent and water rates
The landlord provided rent records which prove that the tenant has paid rent up until 22 April 2025.
The tenant accepts she did not pay rent due on 22 April 2025 for the week 23 April to 29 April 2025. She says she did not pay rent on the basis she wanted to await the outcome of the hearing on 23 April 2025.
By consent, an order for rent owed for the week 23 – 29 April 2025 is made.
The landlord states $226.80 is owed for water rates as at 23 April 2025. The tenant accepts that amount is owed for water rates.
By consent, an order for the agreed water rates is also made.

Should the tenancy be terminated?

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds that a notice was served on the tenant on 5 March 2025 giving the tenant 42 days’ notice to terminate the periodic tenancy.
Section 51(2) of the Residential Tenancies Act 1986 (RTA) states: 1 A landlord may terminate a periodic tenancy by giving at least 42 days’ notice if— (a) the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family. 1 Version as at 30 January 2025. The evidence
The notice dated 5 March 2025, which the landlord says was served by email and by placing it in the tenant’s letter box, 2 states the owner of the premises requires the premises within 90 days after the termination date as the principal place of residence (for at least 90 days) for the owner or a member of the owner’s family.
The notice states the last day of the tenancy will be 19 April 2025, being 45 days after the date the notice was served.
The landlord stated she intended to allow her son and grand-daughter to reside at the premises once the tenant moved out. The landlord said her son’s marriage had ended, and since Christmas, her son and his teenage daughter had been staying with the landlord and her husband. As the landlord’s husband is suffering from ill-health, the landlord says her son and grand-daughter need to move into their own property.
The tenant acknowledges they were served with the notice on 5 March 2025, but says that in the day or so after the notice was served, the tenant and landlord had a conversation in which the landlord said she could have another chance to pay rent on time. The tenant says the landlord said the termination notice issued on 5 March 2025 still stands, but that going forward they could “see how things go.”
The tenant says on 28 March 2025, the landlord emailed the tenant to say that as she had failed to pay rent on time, the notice issued on 5 March 2025 still stood and the tenant must move out by 19 April 2025.
The tenant says although the landlord never promised to withdraw the notice to terminate served on the tenant on 5 March 2025, she does not consider it fair that the landlord now pursues termination.
The tenant says her now ex-partner had agreed to pay some of the rent, but failed to do so, and that was the reason she fell behind in rent during March 2025. My Analysis
The landlord has provided evidence that a valid notice to terminate was served on 5 March 2025. The landlord says, and the tenant confirms, the landlord did not revoke the notice at any time.
The landlord says, and the tenant confirms, the tenant did not move out by the stated end date of 19 April 2025. 2 Although the address as stated on the notice had the incorrect letterbox number, this did not impact service as it was not served by post.
The tenant has not presented any evidence to suggest the basis on which the notice of termination was issued (that is, that the landlord’s son and grand- daughter intended to live in the premises) was false.
I find the notice issued on 5 March 2025 was a valid notice issued under s51(2) of the RTA. The landlord did not at any time revoke or rescind the notice. The tenant failed to vacate the premises as required.
Pursuant to ss 77(1) and 78(1)(b) of the RTA, I make an order terminating the tenancy and requiring the tenant to yield possession of the premises at 5pm on 29 April 2025. The tenant is required to pay rent until the tenancy ends, therefore I make an order that rent is paid to 29 April 2025. Should the tenant reimburse the landlord’s application fee?
As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5217512. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 29 April 2025	$630.00	Rent owed to 29 April 2025
Water rates	$226.80	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

The tenancy of Karen Randall at 19 Alidade Place, Massey, Auckland 0614 is terminated, and possession is granted to Donna Gladwin, at 5pm, Tuesday 29 April 2025.
The Bond Centre is to pay the bond of $2,520.00 (BN-00011855) immediately apportioned as follows: Donna Gladwin: $883.80 Karen Randall: $1,636.20
Payment of the bond is on the basis of the following:

Reasons

Both parties attended the in-person hearing.
The landlord has applied for termination of the periodic tenancy on the grounds a notice was issued giving the tenant 42-days notice that the premises would be required as the principal residence of the landlord’s family member, rent arrears, compensation for unpaid water rates, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant accepts she owes the landlord the water rates sought, and that she failed to pay rent on 22 April 2025 for the week 23 – 29 April 2025. The tenant opposes the order for termination. Rent and water rates
The landlord provided rent records which prove that the tenant has paid rent up until 22 April 2025.
The tenant accepts she did not pay rent due on 22 April 2025 for the week 23 April to 29 April 2025. She says she did not pay rent on the basis she wanted to await the outcome of the hearing on 23 April 2025.
By consent, an order for rent owed for the week 23 – 29 April 2025 is made.
The landlord states $226.80 is owed for water rates as at 23 April 2025. The tenant accepts that amount is owed for water rates.
By consent, an order for the agreed water rates is also made.

Should the tenancy be terminated?

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds that a notice was served on the tenant on 5 March 2025 giving the tenant 42 days’ notice to terminate the periodic tenancy.
Section 51(2) of the Residential Tenancies Act 1986 (RTA) states: 1 A landlord may terminate a periodic tenancy by giving at least 42 days’ notice if— (a) the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family. 1 Version as at 30 January 2025. The evidence
The notice dated 5 March 2025, which the landlord says was served by email and by placing it in the tenant’s letter box, 2 states the owner of the premises requires the premises within 90 days after the termination date as the principal place of residence (for at least 90 days) for the owner or a member of the owner’s family.
The notice states the last day of the tenancy will be 19 April 2025, being 45 days after the date the notice was served.
The landlord stated she intended to allow her son and grand-daughter to reside at the premises once the tenant moved out. The landlord said her son’s marriage had ended, and since Christmas, her son and his teenage daughter had been staying with the landlord and her husband. As the landlord’s husband is suffering from ill-health, the landlord says her son and grand-daughter need to move into their own property.
The tenant acknowledges they were served with the notice on 5 March 2025, but says that in the day or so after the notice was served, the tenant and landlord had a conversation in which the landlord said she could have another chance to pay rent on time. The tenant says the landlord said the termination notice issued on 5 March 2025 still stands, but that going forward they could “see how things go.”
The tenant says on 28 March 2025, the landlord emailed the tenant to say that as she had failed to pay rent on time, the notice issued on 5 March 2025 still stood and the tenant must move out by 19 April 2025.
The tenant says although the landlord never promised to withdraw the notice to terminate served on the tenant on 5 March 2025, she does not consider it fair that the landlord now pursues termination.
The tenant says her now ex-partner had agreed to pay some of the rent, but failed to do so, and that was the reason she fell behind in rent during March 2025. My Analysis
The landlord has provided evidence that a valid notice to terminate was served on 5 March 2025. The landlord says, and the tenant confirms, the landlord did not revoke the notice at any time.
The landlord says, and the tenant confirms, the tenant did not move out by the stated end date of 19 April 2025. 2 Although the address as stated on the notice had the incorrect letterbox number, this did not impact service as it was not served by post.
The tenant has not presented any evidence to suggest the basis on which the notice of termination was issued (that is, that the landlord’s son and grand- daughter intended to live in the premises) was false.
I find the notice issued on 5 March 2025 was a valid notice issued under s51(2) of the RTA. The landlord did not at any time revoke or rescind the notice. The tenant failed to vacate the premises as required.
Pursuant to ss 77(1) and 78(1)(b) of the RTA, I make an order terminating the tenancy and requiring the tenant to yield possession of the premises at 5pm on 29 April 2025. The tenant is required to pay rent until the tenancy ends, therefore I make an order that rent is paid to 29 April 2025. Should the tenant reimburse the landlord’s application fee?
As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5217512 — Rent arrears at 19 Alidade Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5217512 — Rent arrears at 19 Alidade Place, Massey, Auckland 0614

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions