What was the outcome of Tenancy Tribunal case 4775197?

The tribunal order states: Telesia Mafua owes Home In Place (New Zealand) Limited $2,014.40 (“the

How much money was awarded in case 4775197?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,152.15 awarded to landlord; Property Damage: $130.66 awarded to landlord; Water Rates: $711.15 awarded to landlord

What type of tenancy dispute was case 4775197?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4775197?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253513-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775197?

The tribunal order states: Telesia Mafua owes Home In Place (New Zealand) Limited $2,014.40 (“the

How much money was awarded in case 4775197?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,152.15 awarded to landlord; Property Damage: $130.66 awarded to landlord; Water Rates: $711.15 awarded to landlord

What type of tenancy dispute was case 4775197?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4775197?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253513-Tenancy_Tribunal_Order.pdf.

Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4775197 — Rent arrears

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Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4775197 — 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 4775197 — net $2,014.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/04/2024	$1,152.15	Rent arrears to 25/04/2024
Water rates as at 25/04/2024	$711.15	Water rates as at 25/04/2024
Repairs: extractor fan replacement	$130.66	Repairs: extractor fan replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,014.40
Total payable by Tenant to Landlord	$2,014.40

Claims and awards for application 4775197 — net $2,014.40 NZD. Verify on MoJ.

Rent arrears to 25/04/2024

Amount: $1,152.15
Awarded to: Landlord
Reason: Rent arrears to 25/04/2024

Water rates as at 25/04/2024

Amount: $711.15
Awarded to: Landlord
Reason: Water rates as at 25/04/2024

Repairs: extractor fan replacement

Amount: $130.66
Awarded to: Landlord
Reason: Repairs: extractor fan replacement

Filing fee reimbursement

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

Net award

Landlord $2,014.40

Total payable by Tenant to Landlord

Landlord $2,014.40

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Telesia Mafua owes Home In Place (New Zealand) Limited $2,014.40 (“the debt”).
Telesia Mafua must pay rent and the debt as follows: a. By 50 weekly payments of $390.00, being $350.00 for rent and $40.00 for the debt. b. A final payment of $364.40, being $350.00 for rent and $14.40 for the debt. c. Payments will be every Tuesday, with the first payment on 30/04/2024 and continuing until 15/04/2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland 0602 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 the hearing. Mr Puni Palelei attended for the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant did not dispute the amount owed in rent, water rates or repairs but wanted to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
For the record, I note that the landlord was seeking a total weekly payment of $425.00 for conditional termination. After hearing her finances, I found that the tenant was only realistically able to pay a total of $390.00 per week. The tenant may be able to make bigger weekly repayments or even clear the entire arrears once her partner’s New Zealand residence visa gets approved. I understand that the visa application was submitted last year.
Furthermore, I also note that the tenant has gone to see her support worker at The Fono and that The Fono will be providing the tenant with assistance with her financial planning.
The tenant must understand that if she fails to pay $390.00 even once, then termination will happen without a need for a further hearing.
If the tenant can pay back more than $390.00 per week, it would be better for her to do so.
The total amount awarded includes the filing fee of $20.44 as the landlord has wholly succeeded with the application.

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 4775197 — net $2,014.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/04/2024	$1,152.15	Rent arrears to 25/04/2024
Water rates as at 25/04/2024	$711.15	Water rates as at 25/04/2024
Repairs: extractor fan replacement	$130.66	Repairs: extractor fan replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,014.40
Total payable by Tenant to Landlord	$2,014.40

Claims and awards for application 4775197 — net $2,014.40 NZD. Verify on MoJ.

Rent arrears to 25/04/2024

Amount: $1,152.15
Awarded to: Landlord
Reason: Rent arrears to 25/04/2024

Water rates as at 25/04/2024

Amount: $711.15
Awarded to: Landlord
Reason: Water rates as at 25/04/2024

Repairs: extractor fan replacement

Amount: $130.66
Awarded to: Landlord
Reason: Repairs: extractor fan replacement

Filing fee reimbursement

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

Net award

Landlord $2,014.40

Total payable by Tenant to Landlord

Landlord $2,014.40

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Telesia Mafua owes Home In Place (New Zealand) Limited $2,014.40 (“the debt”).
Telesia Mafua must pay rent and the debt as follows: a. By 50 weekly payments of $390.00, being $350.00 for rent and $40.00 for the debt. b. A final payment of $364.40, being $350.00 for rent and $14.40 for the debt. c. Payments will be every Tuesday, with the first payment on 30/04/2024 and continuing until 15/04/2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland 0602 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 the hearing. Mr Puni Palelei attended for the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant did not dispute the amount owed in rent, water rates or repairs but wanted to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
For the record, I note that the landlord was seeking a total weekly payment of $425.00 for conditional termination. After hearing her finances, I found that the tenant was only realistically able to pay a total of $390.00 per week. The tenant may be able to make bigger weekly repayments or even clear the entire arrears once her partner’s New Zealand residence visa gets approved. I understand that the visa application was submitted last year.
Furthermore, I also note that the tenant has gone to see her support worker at The Fono and that The Fono will be providing the tenant with assistance with her financial planning.
The tenant must understand that if she fails to pay $390.00 even once, then termination will happen without a need for a further hearing.
If the tenant can pay back more than $390.00 per week, it would be better for her to do so.
The total amount awarded includes the filing fee of $20.44 as the landlord has wholly succeeded with the application.

Tenancy Tribunal case 4775197 — Rent arrears at Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4775197 — Rent arrears at Unit/Flat G02, 44A Clayburn Road, Glen Eden, Auckland

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