What was Tenancy Tribunal case 5325946 about?

The tribunal order states: [The tenant/s], [The tenant/s] and [The tenant/s] must pay Auckland

How much money was awarded in case 5325946?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,599.29 awarded to landlord; Water Rates: $2,931.66 awarded to landlord

What type of tenancy dispute was case 5325946?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5325946?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12688128-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5325946 about?

The tribunal order states: [The tenant/s], [The tenant/s] and [The tenant/s] must pay Auckland

How much money was awarded in case 5325946?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,599.29 awarded to landlord; Water Rates: $2,931.66 awarded to landlord

What type of tenancy dispute was case 5325946?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5325946?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12688128-Tenancy_Tribunal_Order.pdf.

76 May Road, Wesley, Auckland 1041 Tenancy Tribunal Case 5325946 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5325946 — net $3,278.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 3 February 2021 - 16 May 2025	$2,599.29	1. The landlord attended the hearing.
Water rates: arrears from 31 October 2022 - 9 May 2025	$2,931.66	Water rates: arrears from 31 October 2022 - 9 May 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,278.95
Total payable by Tenant to Landlord	$3,278.95

[The tenant/s], [The tenant/s] and [The tenant/s] must pay Auckland Property Management Solutions Limited $3,278.95 immediately, calculated as shown in table below.

The claim for rent arrears from 13 August 2019 to 2 February 2021 in the amount of the amount of $4635.00 is adjourned.

A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

The landlord attended the hearing. The landlord has applied for rent arrears and water rates arrears following the end of the tenancy.

The tenants did not attend the video call or answer the call I made to their phone. Because there was a note on file at 9.30am that the tenants were sick I did not expect them to attend. The hearing went ahead with the landlord and I have made orders on the rent arrears and the water rates arrears from the time that the landlord was the property manager.

At the end of the hearing I saw two other messages had been left by a representative for the tenants and an email sent stating the tenants could not connect to the hearing. I was not aware a representative would be attending the hearing.

If the tenants want their representative to attend the next hearing they should put this in writing so there is a record on the file. I see a phone number has recorded for the representative today.

How much is owed for rent and water rates?

The tenancy ended on 16 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing from 3 February 2021 to the end of the tenancy.

How much is owed for rent from 2019 - 2021?

The rent owing from the start of the tenancy until the landlord took over as property manager was adjourned. This is because I need to hear evidence from the owner about the rent arrears. This claim for rent is limited to six years because of the Statute of Limitations, so a claim can only be made for the six years before the date the application was filed. I find these historic rent arrears can be claimed from 13 August 2019 – 2 February 2021.

The landlord said the amount owing in February 2021 was $8,465. During the tenancy $3,830 has been used to reduce the historic rent arrears debt, leaving an amount owing of $4,635. This amount will be reduced again because of the Statute of Limitations.

At the hearing today the landlord said they used the recent bond refund of $2,280 to further reduce the historic debt. Having considered the claims I find the bond should be used to reduce the rent arrears from February 2021. This is mostly because I have not yet calculated the total amount owed from 13 August 2019, but also because that is the usual practice.

This afternoon the landlord sent an email to the registry advising that the historic rent claim can be withdrawn. However, their position on that may change now I have refunded the bond against the recent arrears. If the landlord does not want the second hearing after taking instructions from the owner then the landlord can withdraw the claim for historic rent arrears by advising the remote registry.

Tenancy Services will send a notice to hearing to the parties advising of the next hearing. Filing fee

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5325946 — net $3,278.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 3 February 2021 - 16 May 2025	$2,599.29	1. The landlord attended the hearing.
Water rates: arrears from 31 October 2022 - 9 May 2025	$2,931.66	Water rates: arrears from 31 October 2022 - 9 May 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,278.95
Total payable by Tenant to Landlord	$3,278.95

Order

[The tenant/s], [The tenant/s] and [The tenant/s] must pay Auckland Property Management Solutions Limited $3,278.95 immediately, calculated as shown in table below.
The claim for rent arrears from 13 August 2019 to 2 February 2021 in the amount of the amount of $4635.00 is adjourned.
A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

The landlord attended the hearing. The landlord has applied for rent arrears and water rates arrears following the end of the tenancy.
The tenants did not attend the video call or answer the call I made to their phone. Because there was a note on file at 9.30am that the tenants were sick I did not expect them to attend. The hearing went ahead with the landlord and I have made orders on the rent arrears and the water rates arrears from the time that the landlord was the property manager.
At the end of the hearing I saw two other messages had been left by a representative for the tenants and an email sent stating the tenants could not connect to the hearing. I was not aware a representative would be attending the hearing.
If the tenants want their representative to attend the next hearing they should put this in writing so there is a record on the file. I see a phone number has recorded for the representative today.

How much is owed for rent and water rates?

The tenancy ended on 16 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing from 3 February 2021 to the end of the tenancy.

How much is owed for rent from 2019 - 2021?

The rent owing from the start of the tenancy until the landlord took over as property manager was adjourned. This is because I need to hear evidence from the owner about the rent arrears. This claim for rent is limited to six years because of the Statute of Limitations, so a claim can only be made for the six years before the date the application was filed. I find these historic rent arrears can be claimed from 13 August 2019 – 2 February 2021.
The landlord said the amount owing in February 2021 was $8,465. During the tenancy $3,830 has been used to reduce the historic rent arrears debt, leaving an amount owing of $4,635. This amount will be reduced again because of the Statute of Limitations.
At the hearing today the landlord said they used the recent bond refund of $2,280 to further reduce the historic debt. Having considered the claims I find the bond should be used to reduce the rent arrears from February 2021. This is mostly because I have not yet calculated the total amount owed from 13 August 2019, but also because that is the usual practice.
This afternoon the landlord sent an email to the registry advising that the historic rent claim can be withdrawn. However, their position on that may change now I have refunded the bond against the recent arrears. If the landlord does not want the second hearing after taking instructions from the owner then the landlord can withdraw the claim for historic rent arrears by advising the remote registry.
Tenancy Services will send a notice to hearing to the parties advising of the next hearing. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5325946 — Rent arrears at 76 May Road, Wesley, Auckland 1041

At a glance

Tenancy Tribunal case 5325946 — Rent arrears at 76 May Road, Wesley, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

How much is owed for rent from 2019 - 2021?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

How much is owed for rent from 2019 - 2021?

Topics & place

Key findings

Property management

Frequently asked questions