What was the outcome of Tenancy Tribunal case 4903473?

The tribunal order states: The tenancy of Shelley Wilks and Nicholas Freeman at 2 Springside Place,

How much money was awarded in case 4903473?

Filing Fee: $20.44 awarded to landlord; Water Rates: $2,881.87 awarded to landlord

What type of tenancy dispute was case 4903473?

The dispute type was not classified.

Where can I read the official tribunal order for case 4903473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10910705-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4903473?

The tribunal order states: The tenancy of Shelley Wilks and Nicholas Freeman at 2 Springside Place,

How much money was awarded in case 4903473?

Filing Fee: $20.44 awarded to landlord; Water Rates: $2,881.87 awarded to landlord

What type of tenancy dispute was case 4903473?

The dispute type was not classified.

Where can I read the official tribunal order for case 4903473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10910705-Tenancy_Tribunal_Order.pdf.

2 Springside Place, New Lynn, Auckland 0600 Tenancy Tribunal Case 4903473 — Tenancy dispute

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2 Springside Place, New Lynn, Auckland 0600 Tenancy Tribunal Case 4903473 — Tenancy dispute | 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 4903473 — net $422.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,881.87	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$422.31
Total payable by Tenant to Landlord	$422.31

Claims and awards for application 4903473 — net $422.31 NZD. Verify on MoJ.

Water rates

Amount: $2,881.87
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $422.31

Total payable by Tenant to Landlord

Landlord $422.31

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Shelley Wilks and Nicholas Freeman at 2 Springside Place, New Lynn, Auckland 0600 is terminated, and possession is granted to Yuan (Zizi) Cao and Wei Peng, at 11.59pm, Sunday 6 October 2024.
The Bond Centre is to pay the bond of $2,480.00 (6269072-014) to Yuan (Zizi) Cao and Wei Peng immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by telephone but the calls were unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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 their obligations by not paying the water owing at the tenancy. At the date of hearing the amount owed for water was $2,881.87. This amount was calculated from the spreadsheet provided by the landlord, less the payments made by the tenant and less the fixed rate amount of $180.00 which the landlord acknowledged had incorrectly been included in the amount owed by the tenant.
The landlord served a 14-day notice on the tenant on 1 May 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the amount owed for water. While the tenant was paying $20.00 per week toward water this amount was insufficient to cover the actual water usage.
The landlord had applied for damage to the premises, but that claim is withdrawn and will be pursued after the tenant vacates the tenancy.
Because Yuan (Zizi) Cao, Wei Peng has substantially succeeded with the claim I have reimbursed 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 4903473 — net $422.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,881.87	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$422.31
Total payable by Tenant to Landlord	$422.31

Claims and awards for application 4903473 — net $422.31 NZD. Verify on MoJ.

Water rates

Amount: $2,881.87
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $422.31

Total payable by Tenant to Landlord

Landlord $422.31

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The tenancy of Shelley Wilks and Nicholas Freeman at 2 Springside Place, New Lynn, Auckland 0600 is terminated, and possession is granted to Yuan (Zizi) Cao and Wei Peng, at 11.59pm, Sunday 6 October 2024.
The Bond Centre is to pay the bond of $2,480.00 (6269072-014) to Yuan (Zizi) Cao and Wei Peng immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by telephone but the calls were unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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 their obligations by not paying the water owing at the tenancy. At the date of hearing the amount owed for water was $2,881.87. This amount was calculated from the spreadsheet provided by the landlord, less the payments made by the tenant and less the fixed rate amount of $180.00 which the landlord acknowledged had incorrectly been included in the amount owed by the tenant.
The landlord served a 14-day notice on the tenant on 1 May 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the amount owed for water. While the tenant was paying $20.00 per week toward water this amount was insufficient to cover the actual water usage.
The landlord had applied for damage to the premises, but that claim is withdrawn and will be pursued after the tenant vacates the tenancy.
Because Yuan (Zizi) Cao, Wei Peng has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4903473 — Tenancy dispute at 2 Springside Place, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4903473 — Tenancy dispute at 2 Springside Place, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions