What was the outcome of Tenancy Tribunal case 4766877?

The tribunal order states: The tenancy of Kauri Jade Rihari at 9 Poutini Place, Manurewa, Auckland 2102

How much money was awarded in case 4766877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,502.86 awarded to landlord; Water Rates: $332.19 awarded to landlord

What type of tenancy dispute was case 4766877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4766877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10031663-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4766877?

The tribunal order states: The tenancy of Kauri Jade Rihari at 9 Poutini Place, Manurewa, Auckland 2102

How much money was awarded in case 4766877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,502.86 awarded to landlord; Water Rates: $332.19 awarded to landlord

What type of tenancy dispute was case 4766877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4766877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10031663-Tenancy_Tribunal_Order.pdf.

9 Poutini Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4766877 — Rent arrears

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9 Poutini Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4766877 — 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 4766877. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$1,502.86	5. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond.
Water rates	$332.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4766877. Verify on MoJ.

Rent arrears to 1 March 2024

Amount: $1,502.86
Awarded to: Landlord
Reason: 5. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond.

Water rates

Amount: $332.19
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Kauri Jade Rihari at 9 Poutini Place, Manurewa, Auckland 2102 is terminated, and possession is granted to Tbt Property Management Limited at 11.59pm on 15 March 2024.
Kauri Jade Rihari must pay Tbt Property Management Limited $1855.49 immediately, being rent arrears to 1 March 2024.
The Bond centre shall pay the Landlord $1855.49 immediately. The balance of the Bond shall remain at the Bond centre.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond. The Landlord seeks to give the Tenant one final opportunity to pay their debt or termination will occur.

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 the rent and water rates arrears on time. On 11 December 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 because the Tenant had been in rent arrears since October 2023.
The Landlord has requested a conditional termination however a conditional termination is only permitted if I am satisfied the Tenant can pay the rent arrears and debt within the time requested by the Landlord and the Tenant will not make any more further late payments. (Section 55(1)(A) RTA). The Tenant is not present today to provide evidence that they can commit to these payments and I have no persuasive evidence from the Landlord that the Tenant can make these payments either. For these reasons, the conditional termination is refused.
The tenancy is terminated and possession is granted to the Landlord on 15 March 2024 which allows the Tenant time to move out.
As TBT Property Management Limited has wholly succeeded with the claim the Tenant 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 4766877. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$1,502.86	5. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond.
Water rates	$332.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4766877. Verify on MoJ.

Rent arrears to 1 March 2024

Amount: $1,502.86
Awarded to: Landlord
Reason: 5. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond.

Water rates

Amount: $332.19
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Kauri Jade Rihari at 9 Poutini Place, Manurewa, Auckland 2102 is terminated, and possession is granted to Tbt Property Management Limited at 11.59pm on 15 March 2024.
Kauri Jade Rihari must pay Tbt Property Management Limited $1855.49 immediately, being rent arrears to 1 March 2024.
The Bond centre shall pay the Landlord $1855.49 immediately. The balance of the Bond shall remain at the Bond centre.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears and refund of the bond. The Landlord seeks to give the Tenant one final opportunity to pay their debt or termination will occur.

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 the rent and water rates arrears on time. On 11 December 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 because the Tenant had been in rent arrears since October 2023.
The Landlord has requested a conditional termination however a conditional termination is only permitted if I am satisfied the Tenant can pay the rent arrears and debt within the time requested by the Landlord and the Tenant will not make any more further late payments. (Section 55(1)(A) RTA). The Tenant is not present today to provide evidence that they can commit to these payments and I have no persuasive evidence from the Landlord that the Tenant can make these payments either. For these reasons, the conditional termination is refused.
The tenancy is terminated and possession is granted to the Landlord on 15 March 2024 which allows the Tenant time to move out.
As TBT Property Management Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4766877 — Rent arrears at 9 Poutini Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4766877 — Rent arrears at 9 Poutini Place, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions