What was the outcome of Tenancy Tribunal case 4571812?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4571812?

Filing Fee: $20.44 awarded to landlord; Water Rates: $213.84 awarded to landlord

What type of tenancy dispute was case 4571812?

The dispute type was not classified.

Where can I read the official tribunal order for case 4571812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9214971-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4571812?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4571812?

Filing Fee: $20.44 awarded to landlord; Water Rates: $213.84 awarded to landlord

What type of tenancy dispute was case 4571812?

The dispute type was not classified.

Where can I read the official tribunal order for case 4571812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9214971-Tribunal_Order.pdf.

34 Valentine Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4571812 — Tenancy dispute

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34 Valentine Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4571812 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4571812 — net $234.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$213.84	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$234.28
Total payable by Tenant to Landlord	$234.28

Claims and awards for application 4571812 — net $234.28 NZD. Verify on MoJ.

Water rates

Amount: $213.84
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $234.28

Total payable by Tenant to Landlord

Landlord $234.28

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Sanjani Sami and Hendrikus Mans at 34 Valentine Street, Papakura, Papakura 2110 is terminated, and possession is granted to Reforma P.M. Limited (T/A Harcourts Reforma) - As Agent For Heather Lee, at 5pm on Tuesday 1 August 2023.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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 tenant has breached their obligations by continuing to be in arrears for rent.
The landlord served three 14-day notices on the tenant on 19 April 2023, 28 April 2023 and 8 May 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because on each occasion that the notices were served the tenants were in arrears for rent. Water rates
At the hearing the landlord sought an amount of $525.92 for water rates. The application only sought water rates of $213.84. That invoice has been produced.
At the hearing the tenant advised that she had made payment for water directly to the water company. She asked for an opportunity to provide the proof of payment to the Tribunal and agreed to do so by email. That evidence was not provided to the Tribunal by 24 July 2023.
The landlord also did not provide the updated water invoice mentioned at the hearing. The only invoice that the Tribunal has in relation to water is dated 20 March 2023 for $213.84 therefore that is the amount that is ordered.
Because Reforma P.M. Limited (T/A Harcourts Reforma) - As Agent For Heather Lee has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4571812 — net $234.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$213.84	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$234.28
Total payable by Tenant to Landlord	$234.28

Claims and awards for application 4571812 — net $234.28 NZD. Verify on MoJ.

Water rates

Amount: $213.84
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $234.28

Total payable by Tenant to Landlord

Landlord $234.28

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Sanjani Sami and Hendrikus Mans at 34 Valentine Street, Papakura, Papakura 2110 is terminated, and possession is granted to Reforma P.M. Limited (T/A Harcourts Reforma) - As Agent For Heather Lee, at 5pm on Tuesday 1 August 2023.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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 tenant has breached their obligations by continuing to be in arrears for rent.
The landlord served three 14-day notices on the tenant on 19 April 2023, 28 April 2023 and 8 May 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because on each occasion that the notices were served the tenants were in arrears for rent. Water rates
At the hearing the landlord sought an amount of $525.92 for water rates. The application only sought water rates of $213.84. That invoice has been produced.
At the hearing the tenant advised that she had made payment for water directly to the water company. She asked for an opportunity to provide the proof of payment to the Tribunal and agreed to do so by email. That evidence was not provided to the Tribunal by 24 July 2023.
The landlord also did not provide the updated water invoice mentioned at the hearing. The only invoice that the Tribunal has in relation to water is dated 20 March 2023 for $213.84 therefore that is the amount that is ordered.
Because Reforma P.M. Limited (T/A Harcourts Reforma) - As Agent For Heather Lee has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4571812 — Tenancy dispute at 34 Valentine Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4571812 — Tenancy dispute at 34 Valentine Street, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions