What was the outcome of Tenancy Tribunal case 4917393?

The tribunal order states: The tenancy of Taylor Martin-Laloata and David Faamu at 84B Commissariat

How much money was awarded in case 4917393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,990.00 awarded to landlord; Water Rates: $874.50 awarded to landlord

What type of tenancy dispute was case 4917393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878816-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917393?

The tribunal order states: The tenancy of Taylor Martin-Laloata and David Faamu at 84B Commissariat

How much money was awarded in case 4917393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,990.00 awarded to landlord; Water Rates: $874.50 awarded to landlord

What type of tenancy dispute was case 4917393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878816-Tenancy_Tribunal_Order.pdf.

84B Commissariat Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4917393 — Rent arrears

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84B Commissariat Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4917393 — 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 4917393 — net $764.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 September 2024	$2,990.00	Rent arrears to 27 September 2024
Water rates	$874.50	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$764.94
Total payable by Tenant to Landlord	$764.94

Claims and awards for application 4917393 — net $764.94 NZD. Verify on MoJ.

Rent arrears to 27 September 2024

Amount: $2,990.00
Awarded to: Landlord
Reason: Rent arrears to 27 September 2024

Water rates

Amount: $874.50
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $764.94

Total payable by Tenant to Landlord

Landlord $764.94

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Taylor Martin-Laloata and David Faamu at 84B Commissariat Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to JDL Premier Asset Management Limited as agent for Tim Yu, at 4.30 pm on Thursday 26 September 2024.
The Bond Centre is to pay the bond of $3,120.00 (3102418-007) to JDL Premier Asset Management Limited as agent for Tim Yu immediately.
Taylor Martin-Laloata, Elenoa Tuituue and David Faamu must pay JDL Premier Asset Management Limited as agent for Tim Yu $764.94 immediately, calculated as shown in the table below.

Reasons

The hearing was conducted by telephone. Ms Schoeman attended for the landlord. One of the original tenants of this tenancy, Elenoa Tuituue also attended. Neither of the other two named tenants attended.
Ms Martin-Laloata messaged the remote registry a few minutes before the hearing was due to begin and said that she wanted a re-hearing (by which I assume she meant an adjournment) because she was on her way to hospital where her sister was giving birth. She gave a telephone number on which she could be contacted.
I called Ms Martin-Laloata at the time of the hearing on the telephone number that she provided. The call was answered but it was very quickly disconnected by the person answering the call who I must assume was Ms Martin-Laloata.
Mr Faamu moved out of the premises a few months into the tenancy, but he was not released from the tenancy and there was no formal change of tenant completed.
Ms Tuituue moved out of the premises in March this year. She gave notice to the landlord that she was leaving, and Ms Schoeman said that she was the only one of the tenants who had communicated with her. Ms Schoeman said that she did not want Ms Tuituue named in the order although her notice was not a valid termination notice and therefore did not end the tenancy. In my view the remaining tenants cannot have any complaint about that because others were moved into the premises after Ms Tuituue left.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and payment of the bond. Law
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent and Termination
Rent was in arrears when the application was filed, and the arrears are now $2990 to 27 September. The arrears were proved by the production of a rent statement.
Because the rent arrears are at least 21 days in arrears at the hearing date. The tenancy must be terminated.
I have therefore made an order for immediate termination and possession and for the bond to be paid to the landlord. Water Rates
The landlord produced invoices for water rates for the premises that prove that $874.50 are owed.
The bond more than covers the rent arrears and so tenants must therefore pay the balance of the water rates due after deduction of the remaining bond. Filing Fee
The landlord has succeeded and so the tenants must also pay 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 4917393 — net $764.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 September 2024	$2,990.00	Rent arrears to 27 September 2024
Water rates	$874.50	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$764.94
Total payable by Tenant to Landlord	$764.94

Claims and awards for application 4917393 — net $764.94 NZD. Verify on MoJ.

Rent arrears to 27 September 2024

Amount: $2,990.00
Awarded to: Landlord
Reason: Rent arrears to 27 September 2024

Water rates

Amount: $874.50
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $764.94

Total payable by Tenant to Landlord

Landlord $764.94

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Taylor Martin-Laloata and David Faamu at 84B Commissariat Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to JDL Premier Asset Management Limited as agent for Tim Yu, at 4.30 pm on Thursday 26 September 2024.
The Bond Centre is to pay the bond of $3,120.00 (3102418-007) to JDL Premier Asset Management Limited as agent for Tim Yu immediately.
Taylor Martin-Laloata, Elenoa Tuituue and David Faamu must pay JDL Premier Asset Management Limited as agent for Tim Yu $764.94 immediately, calculated as shown in the table below.

Reasons

The hearing was conducted by telephone. Ms Schoeman attended for the landlord. One of the original tenants of this tenancy, Elenoa Tuituue also attended. Neither of the other two named tenants attended.
Ms Martin-Laloata messaged the remote registry a few minutes before the hearing was due to begin and said that she wanted a re-hearing (by which I assume she meant an adjournment) because she was on her way to hospital where her sister was giving birth. She gave a telephone number on which she could be contacted.
I called Ms Martin-Laloata at the time of the hearing on the telephone number that she provided. The call was answered but it was very quickly disconnected by the person answering the call who I must assume was Ms Martin-Laloata.
Mr Faamu moved out of the premises a few months into the tenancy, but he was not released from the tenancy and there was no formal change of tenant completed.
Ms Tuituue moved out of the premises in March this year. She gave notice to the landlord that she was leaving, and Ms Schoeman said that she was the only one of the tenants who had communicated with her. Ms Schoeman said that she did not want Ms Tuituue named in the order although her notice was not a valid termination notice and therefore did not end the tenancy. In my view the remaining tenants cannot have any complaint about that because others were moved into the premises after Ms Tuituue left.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and payment of the bond. Law
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent and Termination
Rent was in arrears when the application was filed, and the arrears are now $2990 to 27 September. The arrears were proved by the production of a rent statement.
Because the rent arrears are at least 21 days in arrears at the hearing date. The tenancy must be terminated.
I have therefore made an order for immediate termination and possession and for the bond to be paid to the landlord. Water Rates
The landlord produced invoices for water rates for the premises that prove that $874.50 are owed.
The bond more than covers the rent arrears and so tenants must therefore pay the balance of the water rates due after deduction of the remaining bond. Filing Fee
The landlord has succeeded and so the tenants must also pay the filing fee.

Tenancy Tribunal case 4917393 — Rent arrears at 84B Commissariat Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 4917393 — Rent arrears at 84B Commissariat Road, Mount Wellington, Auckland 1060

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