What was the outcome of Tenancy Tribunal case 4852580?

The tribunal order states: Teaira Aramoana and Balraj Singh must pay Reforma P.M. Limited as Agent for

How much money was awarded in case 4852580?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,640.00 awarded to landlord; Water Rates: $677.03 awarded to landlord

What type of tenancy dispute was case 4852580?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416590-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4852580?

The tribunal order states: Teaira Aramoana and Balraj Singh must pay Reforma P.M. Limited as Agent for

How much money was awarded in case 4852580?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,640.00 awarded to landlord; Water Rates: $677.03 awarded to landlord

What type of tenancy dispute was case 4852580?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416590-Tenancy_Tribunal_Order.pdf.

65 Kirikiri Drive, Papakura, Papakura 2110 Tenancy Tribunal Case 4852580 — Rent arrears

Claims and awards in Tenancy Tribunal application 4852580 — net $2,337.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,640.00	Rent arrears
Water rates	$677.03	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,337.47
Total payable by Tenant to Landlord	$2,337.47

Order

Teaira Aramoana and Balraj Singh must pay Reforma P.M. Limited as Agent for Sindhu Ankireddy $2,337.47 being rent arrears to 7 June 2024, water bills and filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,640.00 Water rates$677.03 Filing fee reimbursement$20.44 Total award$2,337.47 Total payable by Tenant to Landlord$2,337.47
Teaira Aramoana and Balraj Singh owes Reforma P. M. LIMITED as Agent for Sindhu Ankireddy $2337.47 (“the debt”).
Teaira Aramoana and Balraj Singh must pay rent and the debt as follows: a) The rent arrears of $1640.00 and the water bills of $677.03 will be paid by
00pm on Friday 7 th June 2024. b) The rent of $820.00 is due on 8 th June 2024 and must be paid in advance by
00pm on Saturday 8 th June 2024.
Payments will be allocated in the following order: rent arrears, water bills and the filing fee.
If the tenants fail to pay rent, water bills, and rent arrears within 2 working days of the due dates: a. The tenancy at 65 Kirikiri Drive, Papakura will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Sukhpal Singh is to be removed immediately from the tenancy agreement by consent of all parties.

Reasons

Both parties attended the hearing, Ms MacDonald for the landlord and Teaira Aramoana, Sukhpal Singh and Balraj Singh for the tenants. Background: Removal of Sukhpal Singh from the tenancy agreement
This was a 12- month fixed term tenancy that commenced on 7 October 2023. All three tenants signed the tenancy agreement on 25-27 September 2023. As this is a joint tenancy all three tenants are jointly and severally liable for debts incurred during the tenancy.
Mr Sukhpal Singh moved out of the tenancy some months ago. There had been communication between the parties about removing Mr Sukhpal Singh from the tenancy agreement, but this had not been done.
Ms Aramaona and Mr Balraj Singh asked that Mr Sukhpal Singh be removed from the hearing and the tenancy as he is not involved in the rent arrears and water bills. Both tenants accept full liability for the debts relating to this tenancy.
Ms Mac Donald is happy to continue the hearing with Mr Sukhpal Singh removed as she was aware that he moved out months ago and that the other two tenants have expressly acknowledged full liability for the debts.
Mr Sukhpal Singh and Ms Mac Donald will finalise the removal of him from the tenancy agreement and any further potential liability under this tenancy. Landlord application
The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 tenants 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 tenants breached their obligations by not paying the rent arrears and water bills. On 12 March and 18 March 2024 the landlord served 14-day notices on the tenants but the breaches were not remedied within the required period.
It would be inequitable to refuse to terminate the tenancy as there have been ongoing issues with missing rent payments and no money paid for the water bills since the commencement of the tenancy. The landlord has had to pay the tenants water bills. The tenancy agreement states that the rent is to be paid in advance, however the rent is constantly in arrears.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent arrears and water bills:
The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount owing.
The tenants owe the landlord $1640.00 in rent arrears as of 7 June 2024 and $677.03 in water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills. Rent in advance:
The tenancy agreement states that the rent is to be paid in advance. The rent is due again on Saturday 8 th June 2024, which covers the period up until 14 th June 2024. Tenant’s complaints regarding maintenance:
During the hearing, the tenants raised maintenance issues and pest infestation problems. They claim to have raised these issues with the property manager, but the problems remain unresolved.
The tenants state the following issues with the tenancy: -Rangehood was left without a cover after repairs which led to birds entering into the rangehood. -Cockroach and ant infestation -Garage sensor not working. -Water leaks causing pooling.
The tenants have not filed a counter claim relating to the maintenance and pest infestation problems. I cannot consider these claims without an application to the Tenancy Tribunal.
The landlord and tenants have agreed to work together to address maintenance and pest control issues.
The bond is to remain at the Bond Centre as the tenancy is ongoing.
Because Reforma P.M. Limited as Agent for Sindhu Ankireddy has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4852580 — net $2,337.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,640.00	Rent arrears
Water rates	$677.03	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,337.47
Total payable by Tenant to Landlord	$2,337.47

Order

Teaira Aramoana and Balraj Singh must pay Reforma P.M. Limited as Agent for Sindhu Ankireddy $2,337.47 being rent arrears to 7 June 2024, water bills and filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,640.00 Water rates$677.03 Filing fee reimbursement$20.44 Total award$2,337.47 Total payable by Tenant to Landlord$2,337.47
Teaira Aramoana and Balraj Singh owes Reforma P. M. LIMITED as Agent for Sindhu Ankireddy $2337.47 (“the debt”).
Teaira Aramoana and Balraj Singh must pay rent and the debt as follows: a) The rent arrears of $1640.00 and the water bills of $677.03 will be paid by
00pm on Friday 7 th June 2024. b) The rent of $820.00 is due on 8 th June 2024 and must be paid in advance by
00pm on Saturday 8 th June 2024.
Payments will be allocated in the following order: rent arrears, water bills and the filing fee.
If the tenants fail to pay rent, water bills, and rent arrears within 2 working days of the due dates: a. The tenancy at 65 Kirikiri Drive, Papakura will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Sukhpal Singh is to be removed immediately from the tenancy agreement by consent of all parties.

Reasons

Both parties attended the hearing, Ms MacDonald for the landlord and Teaira Aramoana, Sukhpal Singh and Balraj Singh for the tenants. Background: Removal of Sukhpal Singh from the tenancy agreement
This was a 12- month fixed term tenancy that commenced on 7 October 2023. All three tenants signed the tenancy agreement on 25-27 September 2023. As this is a joint tenancy all three tenants are jointly and severally liable for debts incurred during the tenancy.
Mr Sukhpal Singh moved out of the tenancy some months ago. There had been communication between the parties about removing Mr Sukhpal Singh from the tenancy agreement, but this had not been done.
Ms Aramaona and Mr Balraj Singh asked that Mr Sukhpal Singh be removed from the hearing and the tenancy as he is not involved in the rent arrears and water bills. Both tenants accept full liability for the debts relating to this tenancy.
Ms Mac Donald is happy to continue the hearing with Mr Sukhpal Singh removed as she was aware that he moved out months ago and that the other two tenants have expressly acknowledged full liability for the debts.
Mr Sukhpal Singh and Ms Mac Donald will finalise the removal of him from the tenancy agreement and any further potential liability under this tenancy. Landlord application
The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 tenants 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 tenants breached their obligations by not paying the rent arrears and water bills. On 12 March and 18 March 2024 the landlord served 14-day notices on the tenants but the breaches were not remedied within the required period.
It would be inequitable to refuse to terminate the tenancy as there have been ongoing issues with missing rent payments and no money paid for the water bills since the commencement of the tenancy. The landlord has had to pay the tenants water bills. The tenancy agreement states that the rent is to be paid in advance, however the rent is constantly in arrears.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent arrears and water bills:
The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount owing.
The tenants owe the landlord $1640.00 in rent arrears as of 7 June 2024 and $677.03 in water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills. Rent in advance:
The tenancy agreement states that the rent is to be paid in advance. The rent is due again on Saturday 8 th June 2024, which covers the period up until 14 th June 2024. Tenant’s complaints regarding maintenance:
During the hearing, the tenants raised maintenance issues and pest infestation problems. They claim to have raised these issues with the property manager, but the problems remain unresolved.
The tenants state the following issues with the tenancy: -Rangehood was left without a cover after repairs which led to birds entering into the rangehood. -Cockroach and ant infestation -Garage sensor not working. -Water leaks causing pooling.
The tenants have not filed a counter claim relating to the maintenance and pest infestation problems. I cannot consider these claims without an application to the Tenancy Tribunal.
The landlord and tenants have agreed to work together to address maintenance and pest control issues.
The bond is to remain at the Bond Centre as the tenancy is ongoing.
Because Reforma P.M. Limited as Agent for Sindhu Ankireddy has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4852580 — Rent arrears at 65 Kirikiri Drive, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4852580 — Rent arrears at 65 Kirikiri Drive, Papakura, Papakura 2110

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