What was the outcome of Tenancy Tribunal case 4643289?

The tribunal order states: Delylah Paetau owes Barfoot & Thompson Limited As Agent For Fahad Ltd

How much money was awarded in case 4643289?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $800.00 awarded to landlord; Water Rates: $191.93 awarded to landlord

What type of tenancy dispute was case 4643289?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4643289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565404-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643289?

The tribunal order states: Delylah Paetau owes Barfoot & Thompson Limited As Agent For Fahad Ltd

How much money was awarded in case 4643289?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $800.00 awarded to landlord; Water Rates: $191.93 awarded to landlord

What type of tenancy dispute was case 4643289?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4643289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565404-Tribunal_Order.pdf.

125 Mangere rd, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4643289 — Rent arrears

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125 Mangere rd, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4643289 — 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 4643289 — net $1,012.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$800.00	Rent arrears
Water rates	$191.93	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,012.37
Total payable by Tenant to Landlord	$1,012.37

Claims and awards for application 4643289 — net $1,012.37 NZD. Verify on MoJ.

Rent arrears

Amount: $800.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $191.93
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,012.37

Total payable by Tenant to Landlord

Landlord $1,012.37

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Delylah Paetau owes Barfoot & Thompson Limited As Agent For Fahad Ltd $1,012.37 (“the debt”).
Delylah Paetau must pay rent and the debt as follows: a. By 5 weekly payments of $800.00, being $600.00 for rent and $200.00 for the debt. b. A final payment of $612.37, being $600.00 for rent and $12.37 for the debt. c. Payments will be every Wednesday, with the first payment on 01/11/2023 and continuing until 06/12/2023.
Payments will be allocated in the following order: rent, the debt, and the filing fee.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 125 Mangere rd, Otahuhu, Auckland 1062 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 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing. The matter was part heard on 11 September 2023.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 failing to pay rent in full and on time. On 24 July 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.
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.
As Barfoot & Thompson Limited As Agent For Fahad Ltd has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application is dismissed.

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 4643289 — net $1,012.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$800.00	Rent arrears
Water rates	$191.93	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,012.37
Total payable by Tenant to Landlord	$1,012.37

Claims and awards for application 4643289 — net $1,012.37 NZD. Verify on MoJ.

Rent arrears

Amount: $800.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $191.93
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,012.37

Total payable by Tenant to Landlord

Landlord $1,012.37

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Delylah Paetau owes Barfoot & Thompson Limited As Agent For Fahad Ltd $1,012.37 (“the debt”).
Delylah Paetau must pay rent and the debt as follows: a. By 5 weekly payments of $800.00, being $600.00 for rent and $200.00 for the debt. b. A final payment of $612.37, being $600.00 for rent and $12.37 for the debt. c. Payments will be every Wednesday, with the first payment on 01/11/2023 and continuing until 06/12/2023.
Payments will be allocated in the following order: rent, the debt, and the filing fee.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 125 Mangere rd, Otahuhu, Auckland 1062 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 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing. The matter was part heard on 11 September 2023.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 failing to pay rent in full and on time. On 24 July 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.
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.
As Barfoot & Thompson Limited As Agent For Fahad Ltd has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application is dismissed.

Tenancy Tribunal case 4643289 — Rent arrears at 125 Mangere rd, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4643289 — Rent arrears at 125 Mangere rd, Otahuhu, Auckland 1062

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