What was the outcome of Tenancy Tribunal case 5267217?

The tribunal order states: Anthony Dcosta must pay Reliance Property Management Limited As Agent For

How much money was awarded in case 5267217?

Electricity: $601.31 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5267217?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5267217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12187656-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5267217?

The tribunal order states: Anthony Dcosta must pay Reliance Property Management Limited As Agent For

How much money was awarded in case 5267217?

Electricity: $601.31 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5267217?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5267217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12187656-Tenancy_Tribunal_Order.pdf.

Unit/Flat 720B, 20 Park Avenue, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5267217 — 14-day notice

Reasons

Claims and awards in Tenancy Tribunal application 5267217. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electricity	$601.31		Electricity
Filing fee reimbursement	$27.00		Filing fee reimbursement

The landlord attended the hearing by video call.

The tenant was telephoned on the phone numbers provided (ending in 419 and 260) and but the phone calls went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.

The landlord has applied for: a. termination of the tenancy for breach of the tenant’s obligations, b. water rates, c. electricity, d. reimbursement of the filing fee, and e. name suppression.

WATER RATES

At the hearing the landlord withdrew the claim for water rates as the tenant has raised with the landlord that the tenancy agreement records these as the landlord’s liability. Accordingly, the claim for water rates is dismissed.

TERMINATION

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. 1

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.

The landlord served a notice on the tenant by email which reads: Date: 28/02/2025 4:29:41 PM Subject: 14 day remedy notice – water Dear Anthony Tenancy at 720b/20 Park Avenue Ellerslie I am writing to let you know that you have not kept to your tenancy responsibilities by: Failing to pay your due invoices on time. Total pending invoices amounting to $856.15 This letter is not an eviction notice. It is a notice giving you until 1-3- 2025 1 See section 56(1) Residential Tenancies Act 1986 I can apply to the Tenancy Tribunal if this is not remedied on or before the Remedy Date. Please contact me if you have any questions.

The notice does not provide for a 14-day period for the tenant to remedy the breach. I also note that the notice required that the tenant pay water rates, which as noted above, the landlord accepts the tenant is not liable for. For these reasons I am dismissing the claim for termination as the notice does not comply with the requirements of s 56 (1)(b)(i) of the RTA.

ELECTRICITY

The landlord provided invoices in support of the claim for electricity for the metered air conditioning unit to prove the amount owing. In respect of the electricity for the metered air conditioning unit I make an order for the following to be paid by the tenant: 1 November 2024 – 30 November 2024$86.03 1 December 2024 – 31 December 2024$171.88 1 February 2025 – 28 February 2025$156.14 1 March 2025 – 31 March 2025$187.27 Total $601.32

FILING FEE

As the landlord has been partly successful in the claim, I make an order reimbursing the filing fee - $27.

SUPPRESSION

Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.

The landlord sought name suppression. The landlord has not been wholly or substantially successful with the claim. I consider the public interest in publication outweighs the party’s interest in suppression in this case. I decline to grant the landlord name suppression.

Claims and awards in Tenancy Tribunal application 5267217. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electricity	$601.31		Electricity
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Anthony Dcosta must pay Reliance Property Management Limited As Agent For Lauren Bainbridge 628.31 immediately, as calculated in the table below.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone numbers provided (ending in 419 and 260) and but the phone calls went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for: a. termination of the tenancy for breach of the tenant’s obligations, b. water rates, c. electricity, d. reimbursement of the filing fee, and e. name suppression.

WATER RATES

At the hearing the landlord withdrew the claim for water rates as the tenant has raised with the landlord that the tenancy agreement records these as the landlord’s liability. Accordingly, the claim for water rates is dismissed.

TERMINATION

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. 1
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.
The landlord served a notice on the tenant by email which reads: Date: 28/02/2025 4:29:41 PM Subject: 14 day remedy notice – water Dear Anthony Tenancy at 720b/20 Park Avenue Ellerslie I am writing to let you know that you have not kept to your tenancy responsibilities by: Failing to pay your due invoices on time. Total pending invoices amounting to $856.15 This letter is not an eviction notice. It is a notice giving you until 1-3- 2025 1 See section 56(1) Residential Tenancies Act 1986 I can apply to the Tenancy Tribunal if this is not remedied on or before the Remedy Date. Please contact me if you have any questions.
The notice does not provide for a 14-day period for the tenant to remedy the breach. I also note that the notice required that the tenant pay water rates, which as noted above, the landlord accepts the tenant is not liable for. For these reasons I am dismissing the claim for termination as the notice does not comply with the requirements of s 56 (1)(b)(i) of the RTA.

ELECTRICITY

The landlord provided invoices in support of the claim for electricity for the metered air conditioning unit to prove the amount owing. In respect of the electricity for the metered air conditioning unit I make an order for the following to be paid by the tenant: 1 November 2024 – 30 November 2024$86.03 1 December 2024 – 31 December 2024$171.88 1 February 2025 – 28 February 2025$156.14 1 March 2025 – 31 March 2025$187.27 Total $601.32

FILING FEE

As the landlord has been partly successful in the claim, I make an order reimbursing the filing fee - $27.

SUPPRESSION

Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord sought name suppression. The landlord has not been wholly or substantially successful with the claim. I consider the public interest in publication outweighs the party’s interest in suppression in this case. I decline to grant the landlord name suppression.

Tenancy Tribunal case 5267217 — 14-day notice at Unit/Flat 720B, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Tenancy Tribunal case 5267217 — 14-day notice at Unit/Flat 720B, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Claims & awards

Dismissed claims

Order

Reasons

WATER RATES

TERMINATION

ELECTRICITY

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

WATER RATES

TERMINATION

ELECTRICITY

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions