What was Tenancy Tribunal case 5490170 about?

The tribunal order states: [The tenant/s] owes Property Pal Limited As Agent For Fwmk Family Trust

How much money was awarded in case 5490170?

Filing Fee: $28.00 awarded to landlord; Overdue Water And Electricity Invoic…: $1,755.64 awarded to landlord

What type of tenancy dispute was case 5490170?

The dispute type was not classified.

Where can I read the official tribunal order for case 5490170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13865637-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5490170 about?

The tribunal order states: [The tenant/s] owes Property Pal Limited As Agent For Fwmk Family Trust

How much money was awarded in case 5490170?

Filing Fee: $28.00 awarded to landlord; Overdue Water And Electricity Invoic…: $1,755.64 awarded to landlord

What type of tenancy dispute was case 5490170?

The dispute type was not classified.

Where can I read the official tribunal order for case 5490170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13865637-Tenancy_Tribunal_Order.pdf.

13A Ravenna Way, Clover Park, Auckland 2023 Tenancy Tribunal Case 5490170 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5490170 — net $1,783.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Overdue water and electricity invoices (23 July 2025 to 13 March 2026	$1,755.64	Overdue water and electricity invoices (23 July 2025 to 13 March 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,783.64
Total payable by Tenant to Landlord	$1,783.64

[The tenant/s] owes Property Pal Limited As Agent For Fwmk Family Trust $1,783.64 (“the debt”), calculated as set out in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By 35 weekly payments of $640.00, being $590.00 for rent and $50.00 for the debt. b. A final payment of $623.64, being $590.00 for rent and $33.64 for the debt. c. Payments will be every Friday, with the first payment on 17 July 2026 and continuing until 19 March 2027.

Payments will be allocated in the following order: rent, water and power arrears, the filing fee and new water/power invoices.

If the tenant fails to pay rent and the debt repayments within 5 working days of the due dates: a. The tenancy at 13A Ravenna Way, Clover Park, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not. I tried to call him a number of times during the hearing as the landlord assured me that the tenant was aware of the hearing and had confirmed he is willing to commit to continuing with a repayment plan he had been complying with since July 2025. The landlord also confirmed the tenant had recently increased the debt repayment sums to $40.00 per week, but needed to increase these repayments to no less than $50.00 per week to ensure the debt is covered and some money is being paid towards the average $168.00 monthly water and power consumption by the tenant.

The landlord has applied for termination of the tenancy, water and electricity arrears and reimbursement of the filing fee. The tenant and his family have confirmed to the landlord he wants to repay the debt to avoid immediate termination.

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 not paying his water and power consumption costs in full and on time when he receives the bills. On 16 April 2026 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy given the recidivist nature of the non-payment of water and electricity arrears for a prolonged period, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

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 may also need to increase the debt repayment amounts when he can afford to do so, or if his financial circumstances change, to ensure he does not incur further debt by failing to pay enough to cover the future water and electricity costs, as well as repaying the debt, as he will continue to incur new water and electricity charges during the tenancy that he will be required to are invoiced to him. Reimbursement of the filing fee

Because Property Pal Limited As Agent For Fwmk Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5490170 — net $1,783.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Overdue water and electricity invoices (23 July 2025 to 13 March 2026	$1,755.64	Overdue water and electricity invoices (23 July 2025 to 13 March 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,783.64
Total payable by Tenant to Landlord	$1,783.64

Order

[The tenant/s] owes Property Pal Limited As Agent For Fwmk Family Trust $1,783.64 (“the debt”), calculated as set out in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 35 weekly payments of $640.00, being $590.00 for rent and $50.00 for the debt. b. A final payment of $623.64, being $590.00 for rent and $33.64 for the debt. c. Payments will be every Friday, with the first payment on 17 July 2026 and continuing until 19 March 2027.
Payments will be allocated in the following order: rent, water and power arrears, the filing fee and new water/power invoices.
If the tenant fails to pay rent and the debt repayments within 5 working days of the due dates: a. The tenancy at 13A Ravenna Way, Clover Park, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not. I tried to call him a number of times during the hearing as the landlord assured me that the tenant was aware of the hearing and had confirmed he is willing to commit to continuing with a repayment plan he had been complying with since July 2025. The landlord also confirmed the tenant had recently increased the debt repayment sums to $40.00 per week, but needed to increase these repayments to no less than $50.00 per week to ensure the debt is covered and some money is being paid towards the average $168.00 monthly water and power consumption by the tenant.
The landlord has applied for termination of the tenancy, water and electricity arrears and reimbursement of the filing fee. The tenant and his family have confirmed to the landlord he wants to repay the debt to avoid immediate termination.

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 not paying his water and power consumption costs in full and on time when he receives the bills. On 16 April 2026 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy given the recidivist nature of the non-payment of water and electricity arrears for a prolonged period, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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 may also need to increase the debt repayment amounts when he can afford to do so, or if his financial circumstances change, to ensure he does not incur further debt by failing to pay enough to cover the future water and electricity costs, as well as repaying the debt, as he will continue to incur new water and electricity charges during the tenancy that he will be required to are invoiced to him. Reimbursement of the filing fee
Because Property Pal Limited As Agent For Fwmk Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5490170 — Tenancy dispute at 13A Ravenna Way, Clover Park, Auckland 2023

At a glance

Tenancy Tribunal case 5490170 — Tenancy dispute at 13A Ravenna Way, Clover Park, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions