What was the outcome of Tenancy Tribunal case 4664109?

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

How much money was awarded in case 4664109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Water Rates: $51.17 awarded to landlord

What type of tenancy dispute was case 4664109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4664109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9469481-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4664109?

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

How much money was awarded in case 4664109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Water Rates: $51.17 awarded to landlord

What type of tenancy dispute was case 4664109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4664109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9469481-Tenancy_Tribunal_Order.pdf.

Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland Tenancy Tribunal Case 4664109 — Rent arrears

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Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland Tenancy Tribunal Case 4664109 — 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 4664109 — net $3,071.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$51.17	Water rates
Net award	$3,071.61
Total payable by Tenant to Landlord	$3,071.61

Claims and awards for application 4664109 — net $3,071.61 NZD. Verify on MoJ.

Rent arrears

Amount: $3,000.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $51.17
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $3,071.61

Total payable by Tenant to Landlord

Landlord $3,071.61

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Lorraine Kopa at Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland 1061 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Daniel Reid- Watson, at 11:59pm on Thursday 28 September 2023.
Lorraine Kopa must pay Barfoot & Thompson Limited As Agent For Daniel Reid- Watson $3,071.61 immediately, being water and rent arrears to 28 September 2023.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent and water arrears and termination of the tenancy for breach of the tenant’s obligations.
The landlord provided invoices for water usage which confirm the amount outstanding. Having sighted these invoices I am satisfied that the tenant is responsible for payment of this overdue amount.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay the rent and bond as required pursuant to the signed Tenancy Agreement dated 16 August 2023.
The landlord served a 14-day notice on the tenant on 21 August 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy based on the evidence I have been provided with in support of this application. I am not satisfied that the tenant is unlikely to commit further breaches. The landlord says that no rent has been received by the tenant since the start of the tenancy despite numerous requests. The tenant has also failed to pay the bond. I have sighted numerous email exchanges between the parties where the tenant advises that the rent will be paid. On each occasion there has been no rent received by the landlord.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at todays’ date.
Because Barfoot & Thompson Limited As Agent For Daniel Reid- Watson 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 4664109 — net $3,071.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$51.17	Water rates
Net award	$3,071.61
Total payable by Tenant to Landlord	$3,071.61

Claims and awards for application 4664109 — net $3,071.61 NZD. Verify on MoJ.

Rent arrears

Amount: $3,000.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Water rates

Amount: $51.17
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $3,071.61

Total payable by Tenant to Landlord

Landlord $3,071.61

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Lorraine Kopa at Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland 1061 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Daniel Reid- Watson, at 11:59pm on Thursday 28 September 2023.
Lorraine Kopa must pay Barfoot & Thompson Limited As Agent For Daniel Reid- Watson $3,071.61 immediately, being water and rent arrears to 28 September 2023.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent and water arrears and termination of the tenancy for breach of the tenant’s obligations.
The landlord provided invoices for water usage which confirm the amount outstanding. Having sighted these invoices I am satisfied that the tenant is responsible for payment of this overdue amount.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay the rent and bond as required pursuant to the signed Tenancy Agreement dated 16 August 2023.
The landlord served a 14-day notice on the tenant on 21 August 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy based on the evidence I have been provided with in support of this application. I am not satisfied that the tenant is unlikely to commit further breaches. The landlord says that no rent has been received by the tenant since the start of the tenancy despite numerous requests. The tenant has also failed to pay the bond. I have sighted numerous email exchanges between the parties where the tenant advises that the rent will be paid. On each occasion there has been no rent received by the landlord.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at todays’ date.
Because Barfoot & Thompson Limited As Agent For Daniel Reid- Watson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4664109 — Rent arrears at Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland

At a glance

Tenancy Tribunal case 4664109 — Rent arrears at Unit/Flat 232, 287 Onehunga Mall, Onehunga, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions