What was the outcome of Tenancy Tribunal case 4891021?

The tribunal order states: The tenancy of Sonny Waiora Stevens at 12 Solveig Place, Randwick Park,

How much money was awarded in case 4891021?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,225.61 awarded to landlord; Water Rates: $730.43 awarded to landlord

What type of tenancy dispute was case 4891021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4891021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10552116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4891021?

The tribunal order states: The tenancy of Sonny Waiora Stevens at 12 Solveig Place, Randwick Park,

How much money was awarded in case 4891021?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,225.61 awarded to landlord; Water Rates: $730.43 awarded to landlord

What type of tenancy dispute was case 4891021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4891021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10552116-Tenancy_Tribunal_Order.pdf.

12 Solveig Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4891021 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4891021 — net $3,896.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 July 2024	$5,225.61	Rent arrears to 08 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$730.43	Water rates
Net award	$3,896.48
Total payable by Tenant to Landlord	$3,896.48

The tenancy of Sonny Waiora Stevens at 12 Solveig Place, Randwick Park, Auckland 2105 is terminated, and possession is granted to 360 Property Management Limited, at 11:59pm on 08 July 2024.

The Bond Centre is to pay the bond of $2,080.00 (5283528009) to 360 Property Management immediately.

Sonny Waiora Stevens must pay 360 Property Management Limited $3,896.45 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend the hearing. The hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and outgoings.

Should the tenancy be terminated?

Section 56(1) of the Residential Tenancies Act 1986 (the “Act”) provides that 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 tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached his obligations by failing to pay rent.

On 14 May 2024, the landlord served a 14-day notice on the tenant. The amount stipulated in that notice has not been paid and rent arrears have continued to increase. At the hearing, the landlord provided evidence in the form of a rent ledger showing that arrears to 08 July 2024 now total $5,225.61 and invoices showing that $730.43 is due for unpaid water consumption.

In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 (Judge Rowe), the Court considered the requirement in section 56(1)(c) of whether the breach: ...is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

The Court set out a range of factors that would be relevant in that case, being:

The history of the tenancy.

Whether there had been a persistent failure after repeated warnings.

Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future.

Whether the breach was inadvertent or deliberately committed.

The conduct of the landlord.

The gravity of the breach.

Whether termination is a proportionate response to the breach.

This is not the first time the tenant has fallen into arrears and the landlord has had to take action to enforce its rights. On 05 February 2024, the parties agreed and recorded in a sealed Mediator’s Order (4777758) that the tenant would repay the sum of $4,664.29 in rent arrears and $441.81 for water.

The landlord had warned the tenant of the possible consequences of failing to comply with the 14-day notice. The tenant has been in rent arrears for over 9 weeks and it has been over 7 weeks since the landlord issued the 14-day notice. I consider this to be a persistent breach.

Paying rent is a tenant’s fundamental obligation. It would be inequitable to refuse to terminate the tenancy because the tenant has breached a fundamental obligation and because the failure to pay rent has been repeated and persistent. Other claims:

The landlord is also entitled to be reimbursed for rent and water rates due.

The landlord has wholly succeeded with the claim. Therefore, the Tribunal must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4891021 — net $3,896.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 July 2024	$5,225.61	Rent arrears to 08 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$730.43	Water rates
Net award	$3,896.48
Total payable by Tenant to Landlord	$3,896.48

Order

The tenancy of Sonny Waiora Stevens at 12 Solveig Place, Randwick Park, Auckland 2105 is terminated, and possession is granted to 360 Property Management Limited, at 11:59pm on 08 July 2024.
The Bond Centre is to pay the bond of $2,080.00 (5283528009) to 360 Property Management immediately.
Sonny Waiora Stevens must pay 360 Property Management Limited $3,896.45 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend the hearing. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and outgoings.

Should the tenancy be terminated?

Section 56(1) of the Residential Tenancies Act 1986 (the “Act”) provides that 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 tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached his obligations by failing to pay rent.
On 14 May 2024, the landlord served a 14-day notice on the tenant. The amount stipulated in that notice has not been paid and rent arrears have continued to increase. At the hearing, the landlord provided evidence in the form of a rent ledger showing that arrears to 08 July 2024 now total $5,225.61 and invoices showing that $730.43 is due for unpaid water consumption.
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 (Judge Rowe), the Court considered the requirement in section 56(1)(c) of whether the breach: ...is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
The Court set out a range of factors that would be relevant in that case, being:
The history of the tenancy.
Whether there had been a persistent failure after repeated warnings.
Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future.
Whether the breach was inadvertent or deliberately committed.
The conduct of the landlord.
The gravity of the breach.
Whether termination is a proportionate response to the breach.
This is not the first time the tenant has fallen into arrears and the landlord has had to take action to enforce its rights. On 05 February 2024, the parties agreed and recorded in a sealed Mediator’s Order (4777758) that the tenant would repay the sum of $4,664.29 in rent arrears and $441.81 for water.
The landlord had warned the tenant of the possible consequences of failing to comply with the 14-day notice. The tenant has been in rent arrears for over 9 weeks and it has been over 7 weeks since the landlord issued the 14-day notice. I consider this to be a persistent breach.
Paying rent is a tenant’s fundamental obligation. It would be inequitable to refuse to terminate the tenancy because the tenant has breached a fundamental obligation and because the failure to pay rent has been repeated and persistent. Other claims:
The landlord is also entitled to be reimbursed for rent and water rates due.
The landlord has wholly succeeded with the claim. Therefore, the Tribunal must reimburse the filing fee.

Tenancy Tribunal case 4891021 — Rent arrears at 12 Solveig Place, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4891021 — Rent arrears at 12 Solveig Place, Randwick Park, Auckland 2105

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