What was the outcome of Tenancy Tribunal case 4886600?

The tribunal order states: Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu

How much money was awarded in case 4886600?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,671.43 awarded to landlord; Water Rates: $857.16 awarded to landlord

What type of tenancy dispute was case 4886600?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497974-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886600?

The tribunal order states: Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu

How much money was awarded in case 4886600?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,671.43 awarded to landlord; Water Rates: $857.16 awarded to landlord

What type of tenancy dispute was case 4886600?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497974-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 10 Maybelle Place, Kelston, Auckland 0602 Tenancy Tribunal Case 4886600 — Rent arrears

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Unit/Flat A, 10 Maybelle Place, Kelston, Auckland 0602 Tenancy Tribunal Case 4886600 — 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 4886600 — net $4,549.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/24	$3,671.43	Rent arrears to 26/6/24
Water rates	$857.16	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,549.03
Total payable by Tenant to Landlord	$4,549.03

Claims and awards for application 4886600 — net $4,549.03 NZD. Verify on MoJ.

Rent arrears to 26/6/24

Amount: $3,671.43
Awarded to: Landlord
Reason: Rent arrears to 26/6/24

Water rates

Amount: $857.16
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $4,549.03

Total payable by Tenant to Landlord

Landlord $4,549.03

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu owes Shelter Realty Limited Acting Agent For Kim Nguyen $4,549.03 (“the debt”) in accordance with the following table:
Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu must pay rent and the debt as follows: a. By paying rent of $750 on or before Thursday 27 June 2024 and each Thursday following (or fortnightly if agreed with the landlord). b. A payment of $4,549.03, for the debt on or before Monday 1 July 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates then the filing fee.
If the tenants fail to pay rent arrears and water rates arrears within 2 working days of 1 July 2024: a. The tenancy at Unit/Flat A, 10 Maybelle Place, Kelston, 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 tenants fail 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. Ms Luki represented the tenants and Mr Banerjee represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.
Where rent is at least 21 days in arrears on the date the application was filed, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
Both parties have consented to the conditional termination order to afford the tenants one final opportunity to pay the debt and align their rent payments. This tenancy has been in place since 2020 and for the majority of that period the tenants have been in arrears. Given the tenants have now engaged with Work and Income New Zealand for assistance, this order is providing them with time to resolve the situation. Ms Luki has agreed to have the rent deducted directly from her wages and seek the assistance of her employer.
As discussed at the hearing, this is the tenants’ final opportunity. Should they find themselves facing a Tribunal application for the same reasons again, it is unlikely they will receive a similar outcome.
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.
As the landlord’s application was successful, I 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 4886600 — net $4,549.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/24	$3,671.43	Rent arrears to 26/6/24
Water rates	$857.16	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,549.03
Total payable by Tenant to Landlord	$4,549.03

Claims and awards for application 4886600 — net $4,549.03 NZD. Verify on MoJ.

Rent arrears to 26/6/24

Amount: $3,671.43
Awarded to: Landlord
Reason: Rent arrears to 26/6/24

Water rates

Amount: $857.16
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $4,549.03

Total payable by Tenant to Landlord

Landlord $4,549.03

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu owes Shelter Realty Limited Acting Agent For Kim Nguyen $4,549.03 (“the debt”) in accordance with the following table:
Brenda Melody Awa Mahara Luki, Beecher Luki JNR and Keilani Tuipolutu must pay rent and the debt as follows: a. By paying rent of $750 on or before Thursday 27 June 2024 and each Thursday following (or fortnightly if agreed with the landlord). b. A payment of $4,549.03, for the debt on or before Monday 1 July 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates then the filing fee.
If the tenants fail to pay rent arrears and water rates arrears within 2 working days of 1 July 2024: a. The tenancy at Unit/Flat A, 10 Maybelle Place, Kelston, 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 tenants fail 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. Ms Luki represented the tenants and Mr Banerjee represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.
Where rent is at least 21 days in arrears on the date the application was filed, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
Both parties have consented to the conditional termination order to afford the tenants one final opportunity to pay the debt and align their rent payments. This tenancy has been in place since 2020 and for the majority of that period the tenants have been in arrears. Given the tenants have now engaged with Work and Income New Zealand for assistance, this order is providing them with time to resolve the situation. Ms Luki has agreed to have the rent deducted directly from her wages and seek the assistance of her employer.
As discussed at the hearing, this is the tenants’ final opportunity. Should they find themselves facing a Tribunal application for the same reasons again, it is unlikely they will receive a similar outcome.
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.
As the landlord’s application was successful, I must reimburse the filing fee.

Tenancy Tribunal case 4886600 — Rent arrears at Unit/Flat A, 10 Maybelle Place, Kelston, Auckland 0602

At a glance

Tenancy Tribunal case 4886600 — Rent arrears at Unit/Flat A, 10 Maybelle Place, Kelston, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions