How much money was awarded in case 4606629?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Water Rates: $721.33 awarded to landlord

What type of tenancy dispute was case 4606629?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4606629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9281150-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4606629?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Water Rates: $721.33 awarded to landlord

What type of tenancy dispute was case 4606629?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4606629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9281150-Tenancy_Tribunal_Order.pdf.

23 O'Connor Street, Otara, Auckland 2023 Tenancy Tribunal Case 4606629 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4606629?

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

Order

Claims and awards in Tenancy Tribunal application 4606629 — net $901.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$160.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$721.33	Water rates
Net award	$901.77
Total payable by Tenant to Landlord	$901.77

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Sifamanogi Makaia and Anamaria Matiu at 23 O'Connor Street, Otara, Auckland 2023 is terminated, and possession is granted to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett, at 11.59pm Sunday 27 th August 2023.

Sifamanogi Makaia and Anamaria Matiu must pay from the bond, to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett $901.77 immediately, being rent arrears to 10 August 2023, water bills and filing fee as calculated and shown in the table below: DescriptionLandlord Rent arrears$160.00 Filing fee reimbursement$20.44 Water rates$721.33 Total award$901.77 Minus Bond$901.77

The Bond Centre is to pay the bond of $901.77 (3449216-009) to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett immediately.

The remaining bond of $1618.23 is to stay at the bond centre until the end of the tenancy.

Reasons

Both parties attended the hearing.

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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by being constantly behind in the rent since November 2022. The tenant has not paid water bills since January 2023 and there are significant arrears in the water bills.

The landlord has served 6 Notices on the tenants for the rent arrears on 21 February 2023, 7 March 2023, 3 April 2023, 24 & 26 May 2023, 8 June 2023, and 7 July 2023.

The landlord has previously filed an application, (number 4532930) with the Tenancy Tribunal for termination for rent arrears. On 24 May 2023 Adjudicator Morgan dismissed the landlord’s application under s55(1)(a) of the Residential Tenancies Act 1986 (RTA). The tenant had outstanding water bills on the date of the hearing.

The breach is not capable of remedy because the tenant was not able to offer any evidence that her situation had changed and that there would not be any further arrears of the rent and water bills. I can only conclude that the situation is not capable of being remedied.

It would be inequitable to refuse to terminate the tenancy. The landlord expressed the ongoing frustration with the tenant always being behind in her rent and water bills. Furthermore, despite arrangements being put in place to enable the tenant to remedy the arrears, the tenant does not adhere to the plan.

The tenancy is terminated at 11.59pm on Sunday 27 th August 2023.

The landlord has applied for rent arrears and water bills, has provided rent records and water bills which prove the amount owing.

I am satisfied that the landlord has proven their claim for rent arrears and water bills.

The bond is to be partially refunded to the landlord to pay the debt as set out above. The remainder of the bond is to stay at the bond centre until the end of the tenancy.

Because Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4606629 — net $901.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$160.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$721.33	Water rates
Net award	$901.77
Total payable by Tenant to Landlord	$901.77

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Sifamanogi Makaia and Anamaria Matiu at 23 O'Connor Street, Otara, Auckland 2023 is terminated, and possession is granted to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett, at 11.59pm Sunday 27 th August 2023.
Sifamanogi Makaia and Anamaria Matiu must pay from the bond, to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett $901.77 immediately, being rent arrears to 10 August 2023, water bills and filing fee as calculated and shown in the table below: DescriptionLandlord Rent arrears$160.00 Filing fee reimbursement$20.44 Water rates$721.33 Total award$901.77 Minus Bond$901.77
The Bond Centre is to pay the bond of $901.77 (3449216-009) to Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett immediately.
The remaining bond of $1618.23 is to stay at the bond centre until the end of the tenancy.

Reasons

Both parties attended the hearing.
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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by being constantly behind in the rent since November 2022. The tenant has not paid water bills since January 2023 and there are significant arrears in the water bills.
The landlord has served 6 Notices on the tenants for the rent arrears on 21 February 2023, 7 March 2023, 3 April 2023, 24 & 26 May 2023, 8 June 2023, and 7 July 2023.
The landlord has previously filed an application, (number 4532930) with the Tenancy Tribunal for termination for rent arrears. On 24 May 2023 Adjudicator Morgan dismissed the landlord’s application under s55(1)(a) of the Residential Tenancies Act 1986 (RTA). The tenant had outstanding water bills on the date of the hearing.
The breach is not capable of remedy because the tenant was not able to offer any evidence that her situation had changed and that there would not be any further arrears of the rent and water bills. I can only conclude that the situation is not capable of being remedied.
It would be inequitable to refuse to terminate the tenancy. The landlord expressed the ongoing frustration with the tenant always being behind in her rent and water bills. Furthermore, despite arrangements being put in place to enable the tenant to remedy the arrears, the tenant does not adhere to the plan.
The tenancy is terminated at 11.59pm on Sunday 27 th August 2023.
The landlord has applied for rent arrears and water bills, has provided rent records and water bills which prove the amount owing.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.
The bond is to be partially refunded to the landlord to pay the debt as set out above. The remainder of the bond is to stay at the bond centre until the end of the tenancy.
Because Barfoot & Thompson Limited as Agent for Trevor Sherwin & Alison Sherwin & Janet Bennett has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4606629 — Rent arrears at 23 O'Connor Street, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4606629 — Rent arrears at 23 O'Connor Street, Otara, Auckland 2023

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