What was the outcome of Tenancy Tribunal case 4917453?

The tribunal order states: The tenancy of Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu

How much money was awarded in case 4917453?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,142.86 awarded to landlord

What type of tenancy dispute was case 4917453?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10663540-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917453?

The tribunal order states: The tenancy of Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu

How much money was awarded in case 4917453?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,142.86 awarded to landlord

What type of tenancy dispute was case 4917453?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10663540-Tenancy_Tribunal_Order.pdf.

1A Kenley Heights, Flatbush, Auckland 2019 Tenancy Tribunal Case 4917453 — Rent arrears

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1A Kenley Heights, Flatbush, Auckland 2019 Tenancy Tribunal Case 4917453 — 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 4917453 — net $4,163.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2024	$4,142.86	Rent arrears to 2 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,163.30
Total payable by Tenant to Landlord	$4,163.30

Claims and awards for application 4917453 — net $4,163.30 NZD. Verify on MoJ.

Rent arrears to 2 August 2024

Amount: $4,142.86
Awarded to: Landlord
Reason: Rent arrears to 2 August 2024

Filing fee reimbursement

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

Net award

Landlord $4,163.30

Total payable by Tenant to Landlord

Landlord $4,163.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu Joseph Ane at 1A Kenley Heights, Flatbush, Auckland 2019 is terminated, and possession is granted to Smart Realty Nz Limited As Agent For Ping Zhang, at 12pm on Monday 5 August 2024.
The Bond Centre is to pay the bond of $4163.30 (6162309-003) to Smart Realty Nz Limited As Agent For Ping Zhang immediately.
Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu Joseph Ane must pay Smart Realty Nz Limited As Agent For Ping Zhang $4,163.30 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The Landlord attended by video and the Tenant attended by telephone.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.

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 failing to pay the rent when it was due.
The landlord served a 14-day notice on the tenant on 20 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 the Tenant was consistently in rent arrears throughout the tenancy.
Although the Landlord requested termination occur on Sunday 4 August 2024 at
00pm, the Tribunal shall extend this to Monday 5 August 2024 at 12.00pm.
As Smart Realty Nz Limited As Agent For Ping Zhang has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenant has not been successful name suppression is not granted.

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 4917453 — net $4,163.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2024	$4,142.86	Rent arrears to 2 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,163.30
Total payable by Tenant to Landlord	$4,163.30

Claims and awards for application 4917453 — net $4,163.30 NZD. Verify on MoJ.

Rent arrears to 2 August 2024

Amount: $4,142.86
Awarded to: Landlord
Reason: Rent arrears to 2 August 2024

Filing fee reimbursement

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

Net award

Landlord $4,163.30

Total payable by Tenant to Landlord

Landlord $4,163.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu Joseph Ane at 1A Kenley Heights, Flatbush, Auckland 2019 is terminated, and possession is granted to Smart Realty Nz Limited As Agent For Ping Zhang, at 12pm on Monday 5 August 2024.
The Bond Centre is to pay the bond of $4163.30 (6162309-003) to Smart Realty Nz Limited As Agent For Ping Zhang immediately.
Piva Lauvao, Lepeka Lauvao, Elaine Lauvao and TJ Tupu Joseph Ane must pay Smart Realty Nz Limited As Agent For Ping Zhang $4,163.30 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The Landlord attended by video and the Tenant attended by telephone.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.

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 failing to pay the rent when it was due.
The landlord served a 14-day notice on the tenant on 20 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 the Tenant was consistently in rent arrears throughout the tenancy.
Although the Landlord requested termination occur on Sunday 4 August 2024 at
00pm, the Tribunal shall extend this to Monday 5 August 2024 at 12.00pm.
As Smart Realty Nz Limited As Agent For Ping Zhang has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenant has not been successful name suppression is not granted.

Tenancy Tribunal case 4917453 — Rent arrears at 1A Kenley Heights, Flatbush, Auckland 2019

At a glance

Tenancy Tribunal case 4917453 — Rent arrears at 1A Kenley Heights, Flatbush, Auckland 2019

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