What was the outcome of Tenancy Tribunal case 4785141?

The tribunal order states: The tenancy of Dipak Kumar and Reshma Sanjani at 39 McKean Avenue,

How much money was awarded in case 4785141?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,020.00 awarded to landlord; Water Rates: $458.51 awarded to landlord

What type of tenancy dispute was case 4785141?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019138-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785141?

The tribunal order states: The tenancy of Dipak Kumar and Reshma Sanjani at 39 McKean Avenue,

How much money was awarded in case 4785141?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,020.00 awarded to landlord; Water Rates: $458.51 awarded to landlord

What type of tenancy dispute was case 4785141?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019138-Tenancy_Tribunal_Order.pdf.

39 McKean Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 4785141 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4785141 — net $1,458.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,020.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$458.51	Water rates
Net award	$1,458.95
Total payable by Tenant to Landlord	$1,458.95

The tenancy of Dipak Kumar and Reshma Sanjani at 39 McKean Avenue, Manurewa, Auckland 2102 is terminated, and possession is granted to Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton, at 11.59pm on Friday 8 th March 2024.

Dipak Kumar and Reshma Sanjani must pay Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton $1,458.95 immediately, being rent arrears to 11.59pm on 8 March 2024, water bills and filing fee, as calculated, and set out below: DescriptionLandlord Rent arrears$4,020.00 Filing fee reimbursement$20.44 Water rates$458.51 Total award$4,498.95 Minus Bond$3,040.00 Total payable by Tenant to Landlord$1,458.95

The Bond Centre is to pay the bond of $3,040.00 (5258108-002) to Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton immediately.

Reasons

Both parties attended the hearing, the landlord by videoconference and the tenants by teleconference.

The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. Background:

The tenancy commenced on 15 December 2018. Throughout the tenancy there has been issues with rent arrears. On 31 July 2023 Adjudicator Brennan issued an Order for a conditional termination for rent arrears. The tenants did not comply with that Order and the rent arrear and water bills took longer to clear than that set out in the Order of 31 July 2023. Despite the landlord having the ability to terminate the tenancy for failure to comply with the conditional termination Order, the tenants were allowed to stay.

The landlord has served the tenants with 4 Notices to Remedy rent arrears, on 12 December 2023, 16 January 2024, 13 February 2024 and 20 February 2024. Yesterday the tenants gave the landlord $1500.00 towards the rent and water arrears. Reshma advised that she got the money by going to a finance company. She was only eligible for $1500.00.

The landlord took the $1500.00 payment off the outstanding rent arrears as of 23 February 2024, leaving a balance of $2400.00. With the rent due again on Friday 1 st March and the tenancy ending on 8 March 2024, there are another two weeks rent due. The amount due on 8 March 2024 is $4020.00. The tenants are not paying rent in advance.

At the hearing today the tenants were stressed and sought to make an arrangement with the landlord for the repayment of the rent arrears. They were concerned about the tenancy being terminated as they had children and no alternative address to move too.

The tenants were not able to reassure the Tribunal nor the landlord that the situation could be permanently remedied if the tenancy was to continue.

Reshma stated that she was the only one in the family on a regular wage and that her husband was an uber driver and trying to pay the rent. Reshma offered $1000.00 per week in rent and repayments towards the arrears.

The landlord is following instructions from the owner of the property and was unable to accept any further arrangements for rent arrears and nor was he convinced that the tenants were able to comply with their ongoing rent payments.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Rent arrears and water bills:

The landlord has applied for rent arrears and water bills and has provided records which prove the amount of $4020.00 owing in rent arrears to 8 March 2024 and $458.51 in water bills.

I am satisfied that the landlord has proven their claim for rent arrears and water bills. Refund of bond:

The bond is to be refunded to the landlord immediately to offset the debt owed by the tenants to the landlord. Filing fee:

Because Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4785141 — net $1,458.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,020.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$458.51	Water rates
Net award	$1,458.95
Total payable by Tenant to Landlord	$1,458.95

Order

The tenancy of Dipak Kumar and Reshma Sanjani at 39 McKean Avenue, Manurewa, Auckland 2102 is terminated, and possession is granted to Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton, at 11.59pm on Friday 8 th March 2024.
Dipak Kumar and Reshma Sanjani must pay Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton $1,458.95 immediately, being rent arrears to 11.59pm on 8 March 2024, water bills and filing fee, as calculated, and set out below: DescriptionLandlord Rent arrears$4,020.00 Filing fee reimbursement$20.44 Water rates$458.51 Total award$4,498.95 Minus Bond$3,040.00 Total payable by Tenant to Landlord$1,458.95
The Bond Centre is to pay the bond of $3,040.00 (5258108-002) to Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton immediately.

Reasons

Both parties attended the hearing, the landlord by videoconference and the tenants by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. Background:
The tenancy commenced on 15 December 2018. Throughout the tenancy there has been issues with rent arrears. On 31 July 2023 Adjudicator Brennan issued an Order for a conditional termination for rent arrears. The tenants did not comply with that Order and the rent arrear and water bills took longer to clear than that set out in the Order of 31 July 2023. Despite the landlord having the ability to terminate the tenancy for failure to comply with the conditional termination Order, the tenants were allowed to stay.
The landlord has served the tenants with 4 Notices to Remedy rent arrears, on 12 December 2023, 16 January 2024, 13 February 2024 and 20 February 2024. Yesterday the tenants gave the landlord $1500.00 towards the rent and water arrears. Reshma advised that she got the money by going to a finance company. She was only eligible for $1500.00.
The landlord took the $1500.00 payment off the outstanding rent arrears as of 23 February 2024, leaving a balance of $2400.00. With the rent due again on Friday 1 st March and the tenancy ending on 8 March 2024, there are another two weeks rent due. The amount due on 8 March 2024 is $4020.00. The tenants are not paying rent in advance.
At the hearing today the tenants were stressed and sought to make an arrangement with the landlord for the repayment of the rent arrears. They were concerned about the tenancy being terminated as they had children and no alternative address to move too.
The tenants were not able to reassure the Tribunal nor the landlord that the situation could be permanently remedied if the tenancy was to continue.
Reshma stated that she was the only one in the family on a regular wage and that her husband was an uber driver and trying to pay the rent. Reshma offered $1000.00 per week in rent and repayments towards the arrears.
The landlord is following instructions from the owner of the property and was unable to accept any further arrangements for rent arrears and nor was he convinced that the tenants were able to comply with their ongoing rent payments.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Rent arrears and water bills:
The landlord has applied for rent arrears and water bills and has provided records which prove the amount of $4020.00 owing in rent arrears to 8 March 2024 and $458.51 in water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills. Refund of bond:
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenants to the landlord. Filing fee:
Because Point Property and Portfolio Management Limited as Agent for Andrew Pragnel & Catherine Pendleton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4785141 — Rent arrears at 39 McKean Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4785141 — Rent arrears at 39 McKean Avenue, Manurewa, Auckland 2102

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