What was the outcome of Tenancy Tribunal case 4609344?

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

How much money was awarded in case 4609344?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,766.04 awarded to landlord; Water Arrears: $480.16 awarded to landlord

What type of tenancy dispute was case 4609344?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238975-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4609344?

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

How much money was awarded in case 4609344?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,766.04 awarded to landlord; Water Arrears: $480.16 awarded to landlord

What type of tenancy dispute was case 4609344?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238975-Tenancy_Tribunal_Order.pdf.

Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland Tenancy Tribunal Case 4609344 — Rent arrears

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Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland Tenancy Tribunal Case 4609344 — Rent arrears | 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 4609344 — net $3,266.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 August 2023	$2,766.04	Rent arrears to 4 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water arrears	$480.16	Water arrears
Net award	$3,266.64
Total payable by Tenant to Landlord	$3,266.64

Claims and awards for application 4609344 — net $3,266.64 NZD. Verify on MoJ.

Rent arrears to 4 August 2023

Amount: $2,766.04
Awarded to: Landlord
Reason: Rent arrears to 4 August 2023

Filing fee reimbursement

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

Water arrears

Amount: $480.16
Awarded to: Landlord
Reason: Water arrears

Net award

Landlord $3,266.64

Total payable by Tenant to Landlord

Landlord $3,266.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shani Lupton owes Jade Osborne $3,266.64 (“the debt”), per the table below:
Shani Lupton must pay rent and the debt as follows: a. By weekly payments of $620.00 for rent on Saturday 5 August 2023 and again on Saturday 12 August 2023. b. Full payment of $3,856.60 for the debt, to be paid no later than Friday 11 August 2023. Payments will be allocated in the following order: rent, rent and water arrears, and the filing fee.
If the tenant fails to pay rent, rent and water arrears within 3 working days of the due dates: a. The tenancy at Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland 0610, St Claire Village will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 3 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The landlord and tenant confirmed the current amounts owing as rent arrears of $2,766 and water arrears of $480.16. The rent summary provided is out of sync. The tenancy started on a Saturday; therefore the rent week ends on a Friday. Weekly rent should be paid as due on the first day of the week. The rent summary provided commences on a rent week starting on a Monday (22 August 2022). I have made the orders here based on the tenancy commencement date of 31 July 2021, per the tenancy agreement. That means the rent arrears of $2,766.04 is for the period ending 4 August, not 6 August as submitted.
The landlord submitted a revised water summary after the hearing, but this is not accepted as no provision for a further submission or revision of water rates was made. I award the sum of $480.16 as mutually agreed at the hearing.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Both parties agree that direct payment of rent by WINZ is preferrable. The tenant will also discuss with WINZ how best to ensure she can pay water rates as they become due. Application filing fee
Because Jade Osborne has wholly succeeded with the claim I must reimburse 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 4609344 — net $3,266.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 August 2023	$2,766.04	Rent arrears to 4 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water arrears	$480.16	Water arrears
Net award	$3,266.64
Total payable by Tenant to Landlord	$3,266.64

Claims and awards for application 4609344 — net $3,266.64 NZD. Verify on MoJ.

Rent arrears to 4 August 2023

Amount: $2,766.04
Awarded to: Landlord
Reason: Rent arrears to 4 August 2023

Filing fee reimbursement

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

Water arrears

Amount: $480.16
Awarded to: Landlord
Reason: Water arrears

Net award

Landlord $3,266.64

Total payable by Tenant to Landlord

Landlord $3,266.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shani Lupton owes Jade Osborne $3,266.64 (“the debt”), per the table below:
Shani Lupton must pay rent and the debt as follows: a. By weekly payments of $620.00 for rent on Saturday 5 August 2023 and again on Saturday 12 August 2023. b. Full payment of $3,856.60 for the debt, to be paid no later than Friday 11 August 2023. Payments will be allocated in the following order: rent, rent and water arrears, and the filing fee.
If the tenant fails to pay rent, rent and water arrears within 3 working days of the due dates: a. The tenancy at Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland 0610, St Claire Village will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 3 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The landlord and tenant confirmed the current amounts owing as rent arrears of $2,766 and water arrears of $480.16. The rent summary provided is out of sync. The tenancy started on a Saturday; therefore the rent week ends on a Friday. Weekly rent should be paid as due on the first day of the week. The rent summary provided commences on a rent week starting on a Monday (22 August 2022). I have made the orders here based on the tenancy commencement date of 31 July 2021, per the tenancy agreement. That means the rent arrears of $2,766.04 is for the period ending 4 August, not 6 August as submitted.
The landlord submitted a revised water summary after the hearing, but this is not accepted as no provision for a further submission or revision of water rates was made. I award the sum of $480.16 as mutually agreed at the hearing.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Both parties agree that direct payment of rent by WINZ is preferrable. The tenant will also discuss with WINZ how best to ensure she can pay water rates as they become due. Application filing fee
Because Jade Osborne has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4609344 — Rent arrears at Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland

At a glance

Tenancy Tribunal case 4609344 — Rent arrears at Unit/Flat 40, 172 McLeod Road, Te Atatu South, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions