What was the outcome of Tenancy Tribunal case 4635789?

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

How much money was awarded in case 4635789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,302.14 awarded to landlord

What type of tenancy dispute was case 4635789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9350361-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635789?

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

How much money was awarded in case 4635789?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,302.14 awarded to landlord

What type of tenancy dispute was case 4635789?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9350361-Tenancy_Tribunal_Order.pdf.

230 East Tamaki Road, Otara, Auckland 2023 Tenancy Tribunal Case 4635789 — Rent arrears

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230 East Tamaki Road, Otara, Auckland 2023 Tenancy Tribunal Case 4635789 — 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 4635789 — net $4,322.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 August 2023	$4,302.14	Rent arrears as at 29 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,322.58
Total payable by Tenant to Landlord	$4,322.58

Claims and awards for application 4635789 — net $4,322.58 NZD. Verify on MoJ.

Rent arrears as at 29 August 2023

Amount: $4,302.14
Awarded to: Landlord
Reason: Rent arrears as at 29 August 2023

Filing fee reimbursement

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

Net award

Landlord $4,322.58

Total payable by Tenant to Landlord

Landlord $4,322.58

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.
The tenancy of Ilaisaane Siale at 230 East Tamaki Road, Otara, Auckland 2023 is terminated, and possession is granted to Pro Edge Property Management Limited As Agent For Venu Somepalli, at 11.59pm on Tuesday 29 August 2023.
Ilaisaane Siale must pay Pro Edge Property Management Limited As Agent For Venu Somepalli $4,322.58 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference. I note that towards the end of the hearing Ms Siale disconnected from the call.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed and so the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
At today’s hearing Ms Siale put forward several reasons as to why her tenancy ought not to be terminated. These include that her children were removed from her care by Oranga Tamariki on unfounded allegations, which meant that she no longer received the benefit out of which she had previously been able to pay her rent. She also said that she had no income coming in and that was why she was unable to pay the rent, but that previous property managers and the owner understood her situation and accepted that she would pay rent as and when she could. Further to this, Ms Siale stated that her tenancy ought not to be terminated because then her children would not be returned to her care.
It is clear that Ms Siale finds herself in a terrible situation. However, if a landlord does not wish to enter a conditional termination arrangement with her in which it was agreed that she would pay rent every week plus an agreed amount to go towards the arrears, then the Tribunal has no option but to terminate the tenancy. This is because the rent was more than 21 days in arrears on the day the application was filed and this situation has only become worse as time goes by.
The landlord provided rent records which prove the amount owing as at today’s date - $4302.14.
Further to payment of the rent arrears, because Pro Edge Property Management Limited As Agent For Venu Somepalli has wholly succeeded with the claim I must order Ms Siale to reimburse them the filing fee. C ter Haar 29 August 2023

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 4635789 — net $4,322.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 August 2023	$4,302.14	Rent arrears as at 29 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,322.58
Total payable by Tenant to Landlord	$4,322.58

Claims and awards for application 4635789 — net $4,322.58 NZD. Verify on MoJ.

Rent arrears as at 29 August 2023

Amount: $4,302.14
Awarded to: Landlord
Reason: Rent arrears as at 29 August 2023

Filing fee reimbursement

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

Net award

Landlord $4,322.58

Total payable by Tenant to Landlord

Landlord $4,322.58

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.
The tenancy of Ilaisaane Siale at 230 East Tamaki Road, Otara, Auckland 2023 is terminated, and possession is granted to Pro Edge Property Management Limited As Agent For Venu Somepalli, at 11.59pm on Tuesday 29 August 2023.
Ilaisaane Siale must pay Pro Edge Property Management Limited As Agent For Venu Somepalli $4,322.58 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference. I note that towards the end of the hearing Ms Siale disconnected from the call.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed and so the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
At today’s hearing Ms Siale put forward several reasons as to why her tenancy ought not to be terminated. These include that her children were removed from her care by Oranga Tamariki on unfounded allegations, which meant that she no longer received the benefit out of which she had previously been able to pay her rent. She also said that she had no income coming in and that was why she was unable to pay the rent, but that previous property managers and the owner understood her situation and accepted that she would pay rent as and when she could. Further to this, Ms Siale stated that her tenancy ought not to be terminated because then her children would not be returned to her care.
It is clear that Ms Siale finds herself in a terrible situation. However, if a landlord does not wish to enter a conditional termination arrangement with her in which it was agreed that she would pay rent every week plus an agreed amount to go towards the arrears, then the Tribunal has no option but to terminate the tenancy. This is because the rent was more than 21 days in arrears on the day the application was filed and this situation has only become worse as time goes by.
The landlord provided rent records which prove the amount owing as at today’s date - $4302.14.
Further to payment of the rent arrears, because Pro Edge Property Management Limited As Agent For Venu Somepalli has wholly succeeded with the claim I must order Ms Siale to reimburse them the filing fee. C ter Haar 29 August 2023

Tenancy Tribunal case 4635789 — Rent arrears at 230 East Tamaki Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4635789 — Rent arrears at 230 East Tamaki Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions