What was the outcome of Tenancy Tribunal case 4927873?

The tribunal order states: Anuhea Manu and Tevita Amato owes Hoverd & Co Property Management

How much money was awarded in case 4927873?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $885.71 awarded to landlord

What type of tenancy dispute was case 4927873?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4927873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10837171-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4927873?

The tribunal order states: Anuhea Manu and Tevita Amato owes Hoverd & Co Property Management

How much money was awarded in case 4927873?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $885.71 awarded to landlord

What type of tenancy dispute was case 4927873?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4927873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10837171-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 103 Chichester Drive, Rosehill, Papakura Tenancy Tribunal Case 4927873 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4927873. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15/9/24	$885.71		Rent arrears to 15/9/24
Filing fee reimbursement	$27.00		Filing fee reimbursement

Anuhea Manu and Tevita Amato owes Hoverd & Co Property Management Limited $912.71 (“the debt”), as calculated in the table below:

Anuhea Manu and Tevita Amato must pay rent and the debt as follows: a. By weekly payments of $770.00, being $620.00 for rent and $150.00 for the debt. b. Payments will be every Friday, with the first payment on 20/09/2024 and continuing until the debt is paid in full.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 2, 103 Chichester Drive, Rosehill, Papakura 2113 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

The landlord attended the hearing by phone call.

The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants properly served with notice of the hearing. The hearing proceeded in their absence.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord advised the tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by not paying the rent as and when it is due and payable under the tenancy agreement.

On 26 June 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.

The tenancy commenced on 4 November 2022. The landlord gave evidence of having to serve previous 14 days notices for breaches in relation to rent arrears and the rent statement shows a history of failing to pay rent when it is due. The landlord provided rent records which confirm the amount owing to 15/9/24.

However, the rent arrears are not significant, and the landlord seeks a conditional termination order. The landlord advised that she has reached agreement with the tenant on the terms of the conditional order I am making.

Having heard and considered the evidence I have determined that a conditional termination order should be made in the circumstances of this case.

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.

FILING FEE

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

SUPPRESSION

No orders for suppression were sought.

Claims and awards in Tenancy Tribunal application 4927873. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15/9/24	$885.71		Rent arrears to 15/9/24
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Anuhea Manu and Tevita Amato owes Hoverd & Co Property Management Limited $912.71 (“the debt”), as calculated in the table below:
Anuhea Manu and Tevita Amato must pay rent and the debt as follows: a. By weekly payments of $770.00, being $620.00 for rent and $150.00 for the debt. b. Payments will be every Friday, with the first payment on 20/09/2024 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 2, 103 Chichester Drive, Rosehill, Papakura 2113 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

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord advised the tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by not paying the rent as and when it is due and payable under the tenancy agreement.
On 26 June 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
The tenancy commenced on 4 November 2022. The landlord gave evidence of having to serve previous 14 days notices for breaches in relation to rent arrears and the rent statement shows a history of failing to pay rent when it is due. The landlord provided rent records which confirm the amount owing to 15/9/24.
However, the rent arrears are not significant, and the landlord seeks a conditional termination order. The landlord advised that she has reached agreement with the tenant on the terms of the conditional order I am making.
Having heard and considered the evidence I have determined that a conditional termination order should be made in the circumstances of this case.
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.

FILING FEE

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

SUPPRESSION

No orders for suppression were sought.

Tenancy Tribunal case 4927873 — Rent arrears at Unit/Flat Flat 2, 103 Chichester Drive, Rosehill, Papakura

At a glance

Tenancy Tribunal case 4927873 — Rent arrears at Unit/Flat Flat 2, 103 Chichester Drive, Rosehill, Papakura

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions