What was the outcome of Tenancy Tribunal case 5259028?

The tribunal order states: Rex Fatialofa must pay Max Property Management (Mpm) Limited As Agent For

How much money was awarded in case 5259028?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,092.72 awarded to landlord

What type of tenancy dispute was case 5259028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5259028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12107564-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5259028?

The tribunal order states: Rex Fatialofa must pay Max Property Management (Mpm) Limited As Agent For

How much money was awarded in case 5259028?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,092.72 awarded to landlord

What type of tenancy dispute was case 5259028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5259028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12107564-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 105 Purchas Street, Edgeware, Christchurch Tenancy Tribunal Case 5259028 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5259028 — net $1,119.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$1,092.72	Rent arrears to 28 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,119.72
Total payable by Tenant to Landlord	$1,119.72

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 28 February 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 9 May 2025.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.

The landlord gave evidence that: a. It has tried to locate the tenant since the tenancy ended and has been unable to do so; b. The landlord has no idea where the tenant now lives or works; c. The landlord has been communicating with the tenant on the email address for service provided in the tenancy agreement and has proven that the tenant has opened and read these emails, the last of which was a rent summary sent on 3 April 2025; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on her behalf; e. The landlord had a conversation about the rent arrears with the tenant and was informed that he had purchased a house and needed the money for a deposit so he did not pay the rent arrears. He did not dispute that he owes the landlord $1,092.72 in rent arrears but just refuses to pay it.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA, that the tenant is aware of the debt and is deliberately avoiding communication from the landlord as he does not have the fund to pay the debt owed to the landlord or doesn’t want to pay it.

How much is owed for rent and water rates?

The tenancy ended on 28 February 2025.

At the end of the tenancy, the tenant still owed $1,092.72 rent arrears. The tenant did not dispute that debt he owed at the end of the tenancy.

The landlord provided rent records which prove the amount was still owing at the end of the tenancy. Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because Max Property Management (Mpm) Limited As Agent For Jo Young has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5259028 — net $1,119.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$1,092.72	Rent arrears to 28 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,119.72
Total payable by Tenant to Landlord	$1,119.72

Order

Rex Fatialofa must pay Max Property Management (Mpm) Limited As Agent For Jo Young $1,119.72 immediately, calculated as set out in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 28 February 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 9 May 2025.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
The landlord gave evidence that: a. It has tried to locate the tenant since the tenancy ended and has been unable to do so; b. The landlord has no idea where the tenant now lives or works; c. The landlord has been communicating with the tenant on the email address for service provided in the tenancy agreement and has proven that the tenant has opened and read these emails, the last of which was a rent summary sent on 3 April 2025; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on her behalf; e. The landlord had a conversation about the rent arrears with the tenant and was informed that he had purchased a house and needed the money for a deposit so he did not pay the rent arrears. He did not dispute that he owes the landlord $1,092.72 in rent arrears but just refuses to pay it.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA, that the tenant is aware of the debt and is deliberately avoiding communication from the landlord as he does not have the fund to pay the debt owed to the landlord or doesn’t want to pay it.

How much is owed for rent and water rates?

The tenancy ended on 28 February 2025.
At the end of the tenancy, the tenant still owed $1,092.72 rent arrears. The tenant did not dispute that debt he owed at the end of the tenancy.
The landlord provided rent records which prove the amount was still owing at the end of the tenancy. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because Max Property Management (Mpm) Limited As Agent For Jo Young has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5259028 — Rent arrears at Unit/Flat 8, 105 Purchas Street, Edgeware, Christchurch

At a glance

Tenancy Tribunal case 5259028 — Rent arrears at Unit/Flat 8, 105 Purchas Street, Edgeware, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions