What was the outcome of Tenancy Tribunal case 4707369?

The tribunal order states: The tenancy of Rachel Harris and Joseph Kelsall at 26 Scott Road, Papakura,

How much money was awarded in case 4707369?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $557.14 awarded to landlord; Water Rates: $632.47 awarded to landlord

What type of tenancy dispute was case 4707369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4707369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591877-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4707369?

The tribunal order states: The tenancy of Rachel Harris and Joseph Kelsall at 26 Scott Road, Papakura,

How much money was awarded in case 4707369?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $557.14 awarded to landlord; Water Rates: $632.47 awarded to landlord

What type of tenancy dispute was case 4707369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4707369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591877-Tenancy_Tribunal_Order.pdf.

26 Scott Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4707369 — Rent arrears

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26 Scott Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4707369 — 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 4707369 — net $1,210.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/11/2023	$557.14	Rent arrears to 1/11/2023
Water rates	$632.47	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,210.05
Total payable by Tenant to Landlord	$1,210.05

Claims and awards for application 4707369 — net $1,210.05 NZD. Verify on MoJ.

Rent arrears to 1/11/2023

Amount: $557.14
Awarded to: Landlord
Reason: Rent arrears to 1/11/2023

Water rates

Amount: $632.47
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,210.05

Total payable by Tenant to Landlord

Landlord $1,210.05

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Rachel Harris and Joseph Kelsall at 26 Scott Road, Papakura, Papakura 2110 is terminated, and possession is granted to Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen, at 6pm on Wednesday 15 November 2023
The Bond Centre is to $1,210.05 from the bond (3343155-006) to Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen immediately and hold the balance of $1,269.95 pending further directions. The amounts owing are set out below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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 rent and water invoices as they have become due.
The landlord served a 14-day notice on the tenant on 18/7/2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord has now served a total of 18 notices with respect to unpaid rent, with the most recent on 27 October 2023. The parties have previously had mediated orders with respect to both rent and water. The water invoices are now with a debt collector. The history of rent arrears since early in the tenancy along with the other breaches mean that it would not be fair to refuse the landlords request to end the tenancy. The termination order is therefore granted.
As noted the tenants should pay the rent for the next two weeks, including the payment due tomorrow, they should return the keys, remove all rubbish and ensure the property is clean and tidy and the lawns mowed. If they attend to these matters the balance of the bond will be refunded at the end of the tenancy.
Because Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen 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 4707369 — net $1,210.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/11/2023	$557.14	Rent arrears to 1/11/2023
Water rates	$632.47	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,210.05
Total payable by Tenant to Landlord	$1,210.05

Claims and awards for application 4707369 — net $1,210.05 NZD. Verify on MoJ.

Rent arrears to 1/11/2023

Amount: $557.14
Awarded to: Landlord
Reason: Rent arrears to 1/11/2023

Water rates

Amount: $632.47
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,210.05

Total payable by Tenant to Landlord

Landlord $1,210.05

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Rachel Harris and Joseph Kelsall at 26 Scott Road, Papakura, Papakura 2110 is terminated, and possession is granted to Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen, at 6pm on Wednesday 15 November 2023
The Bond Centre is to $1,210.05 from the bond (3343155-006) to Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen immediately and hold the balance of $1,269.95 pending further directions. The amounts owing are set out below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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 rent and water invoices as they have become due.
The landlord served a 14-day notice on the tenant on 18/7/2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord has now served a total of 18 notices with respect to unpaid rent, with the most recent on 27 October 2023. The parties have previously had mediated orders with respect to both rent and water. The water invoices are now with a debt collector. The history of rent arrears since early in the tenancy along with the other breaches mean that it would not be fair to refuse the landlords request to end the tenancy. The termination order is therefore granted.
As noted the tenants should pay the rent for the next two weeks, including the payment due tomorrow, they should return the keys, remove all rubbish and ensure the property is clean and tidy and the lawns mowed. If they attend to these matters the balance of the bond will be refunded at the end of the tenancy.
Because Barfoot & Thompson Limited - As Agent For Reza Sedehi And Yanling Chen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4707369 — Rent arrears at 26 Scott Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4707369 — Rent arrears at 26 Scott Road, Papakura, Papakura 2110

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