How much money was awarded in case 4614172?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $58.32 awarded to landlord

What type of tenancy dispute was case 4614172?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4614172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270326-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4614172?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord; Water Rates: $58.32 awarded to landlord

What type of tenancy dispute was case 4614172?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4614172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270326-Tenancy_Tribunal_Order.pdf.

Unit/Flat E104, 25 Don McKinnon Drive, Albany, Auckland Tenancy Tribunal Case 4614172 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4614172?

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 4614172 — net $1,378.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,300.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$58.32	Water rates
Net award	$1,378.76
Total payable by Tenant to Landlord	$1,378.76

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

Samuel Bluett owes City Space Realty Limited As Agent For Yutao Jia & Jinping Lu $1,378.76 (“the debt”), per the table below:

Samuel Bluett must pay rent and the debt as follows: a. By paying current rent of $650.00 today Wednesday 9 August 2023, if not already paid. b. Thereafter, commencing on Sunday 13 August 2023 and every Sunday afterwards, a weekly payment of $1,150.00, being $650.00 for rent and $500.00 for the debt, until the debt is paid.

Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat E104, 25 Don McKinnon Drive, Albany, Auckland 0632 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 water rates and filing fee within 2 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 arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

The property manager commenced during the tenancy and the rent summary was challenged by the tenant as rent payments were made to the previous property manager. Both parties provided further evidence and I accept the rent payment of $650.00 on 31 May 2023 was not accounted for in the rent summary provided. The rent arrears total has been adjusted accordingly.

The confusion could have been avoided by more timely and clearer communication from the respective property managers at the time of transfer. The two property managers and the owner should resolve the unaccounted for rent.

The rent arrears is accepted as $1,300.00.

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 rent as due. On 15 June 2023 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. Significant rent arrears predated this notice but had been cleared by a lump sum payment.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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 raised issues that should form a tenant counterclaim.

The tenant also indicated he intends to move. Any such termination should be notified to the landlord appropriately. Application filing fee

Because City Space Realty Limited As Agent For Yutao Jia & Jinping Lu has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4614172 — net $1,378.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,300.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$58.32	Water rates
Net award	$1,378.76
Total payable by Tenant to Landlord	$1,378.76

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samuel Bluett owes City Space Realty Limited As Agent For Yutao Jia & Jinping Lu $1,378.76 (“the debt”), per the table below:
Samuel Bluett must pay rent and the debt as follows: a. By paying current rent of $650.00 today Wednesday 9 August 2023, if not already paid. b. Thereafter, commencing on Sunday 13 August 2023 and every Sunday afterwards, a weekly payment of $1,150.00, being $650.00 for rent and $500.00 for the debt, until the debt is paid.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat E104, 25 Don McKinnon Drive, Albany, Auckland 0632 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 water rates and filing fee within 2 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 arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The property manager commenced during the tenancy and the rent summary was challenged by the tenant as rent payments were made to the previous property manager. Both parties provided further evidence and I accept the rent payment of $650.00 on 31 May 2023 was not accounted for in the rent summary provided. The rent arrears total has been adjusted accordingly.
The confusion could have been avoided by more timely and clearer communication from the respective property managers at the time of transfer. The two property managers and the owner should resolve the unaccounted for rent.
The rent arrears is accepted as $1,300.00.

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 rent as due. On 15 June 2023 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. Significant rent arrears predated this notice but had been cleared by a lump sum payment.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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 raised issues that should form a tenant counterclaim.
The tenant also indicated he intends to move. Any such termination should be notified to the landlord appropriately. Application filing fee
Because City Space Realty Limited As Agent For Yutao Jia & Jinping Lu has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4614172 — Rent arrears at Unit/Flat E104, 25 Don McKinnon Drive, Albany, Auckland

At a glance

Tenancy Tribunal case 4614172 — Rent arrears at Unit/Flat E104, 25 Don McKinnon Drive, Albany, 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

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