What was the outcome of Tenancy Tribunal case 4635350?

The tribunal order states: Grace Debrah Phyllis-Joy Lakau must pay Positive Property Holdings Limited

How much money was awarded in case 4635350?

Filing Fee: $20.44 awarded to landlord; Water Rates: $631.18 awarded to landlord

What type of tenancy dispute was case 4635350?

The dispute type was not classified.

Where can I read the official tribunal order for case 4635350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9331898-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635350?

The tribunal order states: Grace Debrah Phyllis-Joy Lakau must pay Positive Property Holdings Limited

How much money was awarded in case 4635350?

Filing Fee: $20.44 awarded to landlord; Water Rates: $631.18 awarded to landlord

What type of tenancy dispute was case 4635350?

The dispute type was not classified.

Where can I read the official tribunal order for case 4635350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9331898-Tenancy_Tribunal_Order.pdf.

102 Boundary Road, Clover Park, Auckland 2019 Tenancy Tribunal Case 4635350 — Tenancy dispute

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102 Boundary Road, Clover Park, Auckland 2019 Tenancy Tribunal Case 4635350 — 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 4635350 — net $651.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$631.18	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$651.62
Total payable by Tenant to Landlord	$651.62

Claims and awards for application 4635350 — net $651.62 NZD. Verify on MoJ.

Water rates

Amount: $631.18
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $651.62

Total payable by Tenant to Landlord

Landlord $651.62

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Grace Debrah Phyllis-Joy Lakau must pay Positive Property Holdings Limited $651.62 immediately, as calculated in the table below.
The application for termination of the tenancy is dismissed. DescriptionLandlord Water rates$631.18 Filing fee reimbursement$20.44 Total award$651.62 Total payable by Tenant to Landlord$651.62

Reasons

Mr Nelson attended the hearing for the landlord. The tenant was phoned on the number provided but the call went to voicemail.
The landlord has applied for termination of the tenancy pursuant to section 56(1) of the Residential Tenancies Act 1986 (the Act), and an order for payment of water rates.

How much is owed for water rates?

The amount owing for water rates has been established by the production of invoices, a schedule, and the evidence of Mr Nelson.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy under section 56(1) of the Act if: a. the tenant has committed a breach of the Act or the tenancy agreement; b. for a breach capable of remedy, the landlord has issued the tenant with a notice requiring the tenant to remedy the breach within a period specified in the notice (not being less than 14 days); c. the tenant has failed to remedy the breach within the required period; and d. the breach is of such a nature or of such an extent that it would be inequitable (unfair) to refuse to make a termination order.
Not paying water rates when due is a breach of the Act. On 27 January 2023, the landlord issued a notice to the tenant which confusingly states that the tenant is to pay “Water Arrears” of $423.73 and “Total Arrears” of $443.73. However, there are more fundamental problems with the notice. While it is headed “This is a 14- day Notice of Breach of Tenancy Agreement” it does not specify that the tenant must pay the amount in arrears within a specified period being not less than 14 days as required by section 56(1) of the Act.
The application for termination of the tenancy is therefore dismissed.
The landlord has been partially successful in its claims and I consider this an appropriate case to award payment of the Tribunal application 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 4635350 — net $651.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$631.18	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$651.62
Total payable by Tenant to Landlord	$651.62

Claims and awards for application 4635350 — net $651.62 NZD. Verify on MoJ.

Water rates

Amount: $631.18
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $651.62

Total payable by Tenant to Landlord

Landlord $651.62

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Grace Debrah Phyllis-Joy Lakau must pay Positive Property Holdings Limited $651.62 immediately, as calculated in the table below.
The application for termination of the tenancy is dismissed. DescriptionLandlord Water rates$631.18 Filing fee reimbursement$20.44 Total award$651.62 Total payable by Tenant to Landlord$651.62

Reasons

Mr Nelson attended the hearing for the landlord. The tenant was phoned on the number provided but the call went to voicemail.
The landlord has applied for termination of the tenancy pursuant to section 56(1) of the Residential Tenancies Act 1986 (the Act), and an order for payment of water rates.

How much is owed for water rates?

The amount owing for water rates has been established by the production of invoices, a schedule, and the evidence of Mr Nelson.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy under section 56(1) of the Act if: a. the tenant has committed a breach of the Act or the tenancy agreement; b. for a breach capable of remedy, the landlord has issued the tenant with a notice requiring the tenant to remedy the breach within a period specified in the notice (not being less than 14 days); c. the tenant has failed to remedy the breach within the required period; and d. the breach is of such a nature or of such an extent that it would be inequitable (unfair) to refuse to make a termination order.
Not paying water rates when due is a breach of the Act. On 27 January 2023, the landlord issued a notice to the tenant which confusingly states that the tenant is to pay “Water Arrears” of $423.73 and “Total Arrears” of $443.73. However, there are more fundamental problems with the notice. While it is headed “This is a 14- day Notice of Breach of Tenancy Agreement” it does not specify that the tenant must pay the amount in arrears within a specified period being not less than 14 days as required by section 56(1) of the Act.
The application for termination of the tenancy is therefore dismissed.
The landlord has been partially successful in its claims and I consider this an appropriate case to award payment of the Tribunal application fee.

Tenancy Tribunal case 4635350 — Tenancy dispute at 102 Boundary Road, Clover Park, Auckland 2019

At a glance

Tenancy Tribunal case 4635350 — Tenancy dispute at 102 Boundary Road, Clover Park, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions