What was the outcome of Tenancy Tribunal case 4834759?

The tribunal order states: Fiona Marie Wikaira must pay Crockers Property Management Limited as agent

How much money was awarded in case 4834759?

Rent Arrears: $500.00 awarded to landlord

What type of tenancy dispute was case 4834759?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4834759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10387953-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4834759?

The tribunal order states: Fiona Marie Wikaira must pay Crockers Property Management Limited as agent

How much money was awarded in case 4834759?

Rent Arrears: $500.00 awarded to landlord

What type of tenancy dispute was case 4834759?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4834759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10387953-Tribunal_Order.pdf.

Unit/Flat 1, 50 Gribblehirst Road, Sandringham, Auckland Tenancy Tribunal Case 4834759 — Rent arrears

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Unit/Flat 1, 50 Gribblehirst Road, Sandringham, Auckland Tenancy Tribunal Case 4834759 — 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 4834759. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re	$500.00		y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Claims and awards for application 4834759. Verify on MoJ.

y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Amount: $500.00
Awarded to: Landlord
Reason: y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Claim types — money lines allowed on this order

Rent arrears

Order

Fiona Marie Wikaira must pay Crockers Property Management Limited as agent for Abdul, Rafika and Rehana Shekhumia $1,050.00 immediately, being rent arrears to 29 May 2024.
Fiona Marie Wikaira must continue to pay rent as it falls due, with the next rent payment of $500 being due on Thursday, 30 May 2024.

Reasons

Only the landlord attended the hearing, represented by Ms Qu. Background
On 22 March 2024 the Tribunal made an order terminating the tenancy on the basis of rent arrears.
The tenancy agreement names Fiona Marie Wikaira as the sole tenant but it appears that Edward Keho James Wikaira is in fact living in the property and the landlord deals with Mr Wikaira.
Mr Wikaira filed a rehearing application against the Tribunal’s order on the basis that the tenant intended to file claims against the landlord, and that on the day of the hearing Ms Wikaira was in hospital and so unable to attend.
On 26 March 2024 a rehearing was granted on the papers and this matter came before me for rehearing today.

Should the tenancy be terminated?

The tenant has not filed a claim against the landlord but the landlord provided correspondence with Mr Wikaira which indicates that the parties have had discussions and have reached agreement as to the way forward.
The landlord also provided an up to date rent summary. That summary shows that the tenant has not paid rent as it falls due but has been making periodic lump sum payments. As of tomorrow, 29 May 2024, the rent will be $1,050.00 in arrears.
At the hearing today Ms Qu indicated that the landlord has concerns about the tenant continuing to pay rent as it falls due and accordingly seeks termination of the tenancy.
I am not prepared to make an order for termination today as it appears that the parties have reached an agreement on all issues and the tenant has agreed to remedy the breach and pay the arrears immediately. The rent is currently just over two weeks in arrears.
In the circumstances I have made an order that the tenant pay the rent arrears immediately and must continue to pay rent as it falls due. Rent is payable every Thursday, but it appears that the tenant usually pays rent on a Monday. The tenant will need to make arrangements to pay the rent on the due date.
The tenant should be aware that if they do not continue to pay rent as it falls due the landlord is likely to make a further application to the Tribunal for an order for termination of the tenancy.
The landlord deals with Mr Wikaira as the person living in the tenancy but the tenancy agreement is in fact in the name of Ms Wikaira (Mr Wikaira’s sister). The parties may wish to consider whether the tenancy agreement should be amended/updated.

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 4834759. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re	$500.00		y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Claims and awards for application 4834759. Verify on MoJ.

y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Amount: $500.00
Awarded to: Landlord
Reason: y, being rent arrears to 29 May 2024. 2. Fiona Marie Wikaira must continue to pay rent as it falls due, with the next re

Claim types — money lines allowed on this order

Rent arrears

Order

Fiona Marie Wikaira must pay Crockers Property Management Limited as agent for Abdul, Rafika and Rehana Shekhumia $1,050.00 immediately, being rent arrears to 29 May 2024.
Fiona Marie Wikaira must continue to pay rent as it falls due, with the next rent payment of $500 being due on Thursday, 30 May 2024.

Reasons

Only the landlord attended the hearing, represented by Ms Qu. Background
On 22 March 2024 the Tribunal made an order terminating the tenancy on the basis of rent arrears.
The tenancy agreement names Fiona Marie Wikaira as the sole tenant but it appears that Edward Keho James Wikaira is in fact living in the property and the landlord deals with Mr Wikaira.
Mr Wikaira filed a rehearing application against the Tribunal’s order on the basis that the tenant intended to file claims against the landlord, and that on the day of the hearing Ms Wikaira was in hospital and so unable to attend.
On 26 March 2024 a rehearing was granted on the papers and this matter came before me for rehearing today.

Should the tenancy be terminated?

The tenant has not filed a claim against the landlord but the landlord provided correspondence with Mr Wikaira which indicates that the parties have had discussions and have reached agreement as to the way forward.
The landlord also provided an up to date rent summary. That summary shows that the tenant has not paid rent as it falls due but has been making periodic lump sum payments. As of tomorrow, 29 May 2024, the rent will be $1,050.00 in arrears.
At the hearing today Ms Qu indicated that the landlord has concerns about the tenant continuing to pay rent as it falls due and accordingly seeks termination of the tenancy.
I am not prepared to make an order for termination today as it appears that the parties have reached an agreement on all issues and the tenant has agreed to remedy the breach and pay the arrears immediately. The rent is currently just over two weeks in arrears.
In the circumstances I have made an order that the tenant pay the rent arrears immediately and must continue to pay rent as it falls due. Rent is payable every Thursday, but it appears that the tenant usually pays rent on a Monday. The tenant will need to make arrangements to pay the rent on the due date.
The tenant should be aware that if they do not continue to pay rent as it falls due the landlord is likely to make a further application to the Tribunal for an order for termination of the tenancy.
The landlord deals with Mr Wikaira as the person living in the tenancy but the tenancy agreement is in fact in the name of Ms Wikaira (Mr Wikaira’s sister). The parties may wish to consider whether the tenancy agreement should be amended/updated.

Tenancy Tribunal case 4834759 — Rent arrears at Unit/Flat 1, 50 Gribblehirst Road, Sandringham, Auckland

At a glance

Tenancy Tribunal case 4834759 — Rent arrears at Unit/Flat 1, 50 Gribblehirst Road, Sandringham, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Key findings

Property management

Frequently asked questions