How much money was awarded in case 4908554?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,890.00 awarded to landlord; Water Rates: $3,418.13 awarded to landlord

What type of tenancy dispute was case 4908554?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4908554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10733865-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4908554?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,890.00 awarded to landlord; Water Rates: $3,418.13 awarded to landlord

What type of tenancy dispute was case 4908554?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4908554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10733865-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 4 Rongo Road, Royal Oak, Auckland 1023 Tenancy Tribunal Case 4908554 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4908554?

The tribunal order states: Tania Ngahuia Tangira owes Auckland Property Management Solutions Limited

Order

Claims and awards in Tenancy Tribunal application 4908554 — net $12,328.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$8,890.00	Rent arrears to 29 August 2024
Water rates	$3,418.13	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,328.57
Total payable by Tenant to Landlord	$12,328.57

Tania Ngahuia Tangira owes Auckland Property Management Solutions Limited T/A Ray White Youngs As Agent For Amazing City Limited $12,328.57 (“the debt”) as detailed in the table below.

Tania Ngahuia Tangira must pay rent and the debt as follows: a. By 1 payment of $9,808.00, being $890.00 for rent, $5,500.00 for rent arrears and $3,418.13 for outstanding water rates by Friday, 30 August 2024. b. By 22 weekly payments of $1,040.00, being $890.00 for rent and $150.00 for rent arrears. c. A final payment of $1,000.44, being $890.00 for rent, $90.00 for rent arrears and $20.44 for the filing fee. d. Payments will be every Friday, with the first payment on 06/09/2024 and continuing until 07/02/2025.

If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at Unit/Flat A, 4 Rongo Road, Royal Oak, Auckland 1023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails 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.

The landlord has applied for termination of the tenancy, rent arrears and outstanding water rates. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must make either a final or a conditional termination order. See sections 56(2), 55(1)(a) and 55(1A) Residential Tenancies Act 1986.

Rent arrears totalled $7,745.71 (61 days) at the hearing on 21 August 2024.

The tenant advised the Tribunal that they previously received a benefit however, approximately two months ago began working in homebased care. There has been a delay of approximately 7 weeks in receiving payment for this work. The tenant expects to receive a lump-sum payment of around $6,000.00 by 30 August 2024. The tenant does not expect there to be any issues receiving payment moving forward.

The tenant also advised the Tribunal that they have approach Work and Income New Zealand (WINZ) who have advised that they will assist the tenant to repay the outstanding water rates invoices in full. The tenant has an appointment with WINZ tomorrow, 22 August 2024 to organise this.

I am satisfied the tenant 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 rates

At the date of the hearing on 21 August 2024, rent arrears totalled $7,745.71. The most recent rental payment was due on 16 August 2024 to cover the period from 16/08/2024 – 22/08/2024. The tenant advised the Tribunal that this payment of rent had not and would not be paid until Friday, 30 August 2024. The next payment of rent is due on 23 August 2024 and covers the period from 23/08/2024 – 29/08/2024. The tenant advised the Tribunal that this payment of rent would not be paid until Friday, 30 August 2024 either. Therefore, for the purpose of this conditional termination order, the Tribunal has calculated the total rent arrears owed up to 29 August 2024 with the consent of the parties.

The landlord provided rent records which prove the amount owing.

The landlord provided invoices from the relevant water rates authority, which prove the amount owing.

Because Auckland Property Management Solutions Limited T/A Ray White Youngs As Agent For Amazing City Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4908554 — net $12,328.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$8,890.00	Rent arrears to 29 August 2024
Water rates	$3,418.13	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,328.57
Total payable by Tenant to Landlord	$12,328.57

Order

Tania Ngahuia Tangira owes Auckland Property Management Solutions Limited T/A Ray White Youngs As Agent For Amazing City Limited $12,328.57 (“the debt”) as detailed in the table below.
Tania Ngahuia Tangira must pay rent and the debt as follows: a. By 1 payment of $9,808.00, being $890.00 for rent, $5,500.00 for rent arrears and $3,418.13 for outstanding water rates by Friday, 30 August 2024. b. By 22 weekly payments of $1,040.00, being $890.00 for rent and $150.00 for rent arrears. c. A final payment of $1,000.44, being $890.00 for rent, $90.00 for rent arrears and $20.44 for the filing fee. d. Payments will be every Friday, with the first payment on 06/09/2024 and continuing until 07/02/2025.
If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at Unit/Flat A, 4 Rongo Road, Royal Oak, Auckland 1023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails 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.
The landlord has applied for termination of the tenancy, rent arrears and outstanding water rates. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must make either a final or a conditional termination order. See sections 56(2), 55(1)(a) and 55(1A) Residential Tenancies Act 1986.
Rent arrears totalled $7,745.71 (61 days) at the hearing on 21 August 2024.
The tenant advised the Tribunal that they previously received a benefit however, approximately two months ago began working in homebased care. There has been a delay of approximately 7 weeks in receiving payment for this work. The tenant expects to receive a lump-sum payment of around $6,000.00 by 30 August 2024. The tenant does not expect there to be any issues receiving payment moving forward.
The tenant also advised the Tribunal that they have approach Work and Income New Zealand (WINZ) who have advised that they will assist the tenant to repay the outstanding water rates invoices in full. The tenant has an appointment with WINZ tomorrow, 22 August 2024 to organise this.
I am satisfied the tenant 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 rates
At the date of the hearing on 21 August 2024, rent arrears totalled $7,745.71. The most recent rental payment was due on 16 August 2024 to cover the period from 16/08/2024 – 22/08/2024. The tenant advised the Tribunal that this payment of rent had not and would not be paid until Friday, 30 August 2024. The next payment of rent is due on 23 August 2024 and covers the period from 23/08/2024 – 29/08/2024. The tenant advised the Tribunal that this payment of rent would not be paid until Friday, 30 August 2024 either. Therefore, for the purpose of this conditional termination order, the Tribunal has calculated the total rent arrears owed up to 29 August 2024 with the consent of the parties.
The landlord provided rent records which prove the amount owing.
The landlord provided invoices from the relevant water rates authority, which prove the amount owing.
Because Auckland Property Management Solutions Limited T/A Ray White Youngs As Agent For Amazing City Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4908554 — Rent arrears at Unit/Flat A, 4 Rongo Road, Royal Oak, Auckland 1023

At a glance

Tenancy Tribunal case 4908554 — Rent arrears at Unit/Flat A, 4 Rongo Road, Royal Oak, Auckland 1023

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