What was the outcome of Tenancy Tribunal case 4706830?

The tribunal order states: Olenesisi Siulai and Peter Anetelea owes Goodwin Property Management Ltd

How much money was awarded in case 4706830?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $265.71 awarded to landlord; Water Rates: $379.52 awarded to landlord

What type of tenancy dispute was case 4706830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4706830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9811973-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4706830?

The tribunal order states: Olenesisi Siulai and Peter Anetelea owes Goodwin Property Management Ltd

How much money was awarded in case 4706830?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $265.71 awarded to landlord; Water Rates: $379.52 awarded to landlord

What type of tenancy dispute was case 4706830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4706830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9811973-Tenancy_Tribunal_Order.pdf.

119 Riverpark Crescent, Henderson, Auckland 0610 Tenancy Tribunal Case 4706830 — Rent arrears

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119 Riverpark Crescent, Henderson, Auckland 0610 Tenancy Tribunal Case 4706830 — 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 4706830 — net $665.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 08/01/2024	$265.71	2. The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee.
Water rates (to 08/01/2024	$379.52	7. The landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$665.67
Total payable by Tenant to Landlord	$665.67

Claims and awards for application 4706830 — net $665.67 NZD. Verify on MoJ.

Rent arrears (to 08/01/2024

Amount: $265.71
Awarded to: Landlord
Reason: 2. The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee.

Water rates (to 08/01/2024

Amount: $379.52
Awarded to: Landlord
Reason: 7. The landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.

Filing fee reimbursement

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

Net award

Landlord $665.67

Total payable by Tenant to Landlord

Landlord $665.67

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Olenesisi Siulai and Peter Anetelea owes Goodwin Property Management Ltd T/A: Goodwins $665.67 (“the debt”) as calculated in the table below.
Olenesisi Siulai and Peter Anetelea must pay the debt as follows: a. $265.71, being rent arrears to 8 January 2024, to be paid in full on 9 January 2024; b. $399.96 water rates arrears and reimbursement of the filing fee to be paid by 19 weekly payments of $665.00, being $620.00 for rent, $25.00 for water rates and $20.00 for repayment of the debt. c. A final payment of $664.86, being $620.00 for rent, $25.00 for water rates and $19.86 for the debt. d. Payments will be every Tuesday, with the first payment on 16/01/2024 and continuing until 04/06/2024.
Payments will be allocated in the following order: rent, water, rent arrears, water arrears and the filing fee.
If the tenants fail to pay rent, water rates, rent arrears, water rates arrears and the filing fee within 2 working days of the due dates: a. The tenancy at 119 Riverpark Crescent, Henderson, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee. The tenants want 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 tenants breached their obligations by failing to pay rent due and water rates as they fell due. On 5 October 2023 the landlord served a 14-day notice on the tenants for failure to pay rent as it fell due and failure to remedy rent arrears breaches but the breach was not remedied within the required period. On 9 October 2023 the landlord served a 14-day notice on the tenants for failure to pay water rates as they fell due and failure to remedy water rate arrears breaches 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 tenants 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 tenants 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 landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.
Because Goodwin Property Management Ltd T/A: Goodwins 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 4706830 — net $665.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 08/01/2024	$265.71	2. The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee.
Water rates (to 08/01/2024	$379.52	7. The landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$665.67
Total payable by Tenant to Landlord	$665.67

Claims and awards for application 4706830 — net $665.67 NZD. Verify on MoJ.

Rent arrears (to 08/01/2024

Amount: $265.71
Awarded to: Landlord
Reason: 2. The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee.

Water rates (to 08/01/2024

Amount: $379.52
Awarded to: Landlord
Reason: 7. The landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.

Filing fee reimbursement

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

Net award

Landlord $665.67

Total payable by Tenant to Landlord

Landlord $665.67

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Olenesisi Siulai and Peter Anetelea owes Goodwin Property Management Ltd T/A: Goodwins $665.67 (“the debt”) as calculated in the table below.
Olenesisi Siulai and Peter Anetelea must pay the debt as follows: a. $265.71, being rent arrears to 8 January 2024, to be paid in full on 9 January 2024; b. $399.96 water rates arrears and reimbursement of the filing fee to be paid by 19 weekly payments of $665.00, being $620.00 for rent, $25.00 for water rates and $20.00 for repayment of the debt. c. A final payment of $664.86, being $620.00 for rent, $25.00 for water rates and $19.86 for the debt. d. Payments will be every Tuesday, with the first payment on 16/01/2024 and continuing until 04/06/2024.
Payments will be allocated in the following order: rent, water, rent arrears, water arrears and the filing fee.
If the tenants fail to pay rent, water rates, rent arrears, water rates arrears and the filing fee within 2 working days of the due dates: a. The tenancy at 119 Riverpark Crescent, Henderson, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for conditional termination of the tenancy, rent arrears water rates arrears and reimbursement of the filing fee. The tenants want 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 tenants breached their obligations by failing to pay rent due and water rates as they fell due. On 5 October 2023 the landlord served a 14-day notice on the tenants for failure to pay rent as it fell due and failure to remedy rent arrears breaches but the breach was not remedied within the required period. On 9 October 2023 the landlord served a 14-day notice on the tenants for failure to pay water rates as they fell due and failure to remedy water rate arrears breaches 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 tenants 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 tenants 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 landlord has applied for rent and water rate arrears and has provided rent and water rate records which prove the amount owing.
Because Goodwin Property Management Ltd T/A: Goodwins has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4706830 — Rent arrears at 119 Riverpark Crescent, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4706830 — Rent arrears at 119 Riverpark Crescent, Henderson, Auckland 0610

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