What was the outcome of Tenancy Tribunal case 4941055?

The tribunal order states: The tenancy is terminated and possession granted to Pawa Developments

How much money was awarded in case 4941055?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,784.14 awarded to landlord

What type of tenancy dispute was case 4941055?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4941055?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880154-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941055?

The tribunal order states: The tenancy is terminated and possession granted to Pawa Developments

How much money was awarded in case 4941055?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,784.14 awarded to landlord

What type of tenancy dispute was case 4941055?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4941055?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880154-Tenancy_Tribunal_Order.pdf.

1 Waterfront Road, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 4941055 — Rent arrears

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1 Waterfront Road, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 4941055 — 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 4941055 — net $9,211.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2024	$12,784.14	Rent arrears to 29 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,211.14
Total payable by Tenant to Landlord	$9,211.14

Claims and awards for application 4941055 — net $9,211.14 NZD. Verify on MoJ.

Rent arrears to 29 September 2024

Amount: $12,784.14
Awarded to: Landlord
Reason: Rent arrears to 29 September 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $9,211.14

Total payable by Tenant to Landlord

Landlord $9,211.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy is terminated and possession granted to Pawa Developments Limited at 10am Monday 30 September 2024.
Ruth Fa’aui must pay Pawa Developments Limited $9,211.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,600.00 (3125732-004) to Pawa Developments Limited immediately.

Reasons

Both parties attended the hearing which was conducted by phone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant explained that she had undergone some personal issues which meant that she had been unable to work. Since last week she has been back at work and will be able to pay the rent and pay off the arrears.
Section 55(1)(a) provides that where a landlord applies for termination and the rent was at least 21 days in arrears on the date the application was filed, the Tribunal must order termination, unless the Tribunal is satisfied that the breach has been remedied the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach. (See section 55(2)).
The tenant has not repaid the arrears and so I cannot decline to make the order under section 55(2).
Section 55(1A) provides that the Tribunal may make a conditional order for termination, but only if, it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal; and it is unlikely that the tenant will commit any further breach.
The tenant acknowledged that landlord has given the tenant several opportunities to repay the arrears but unfortunately she has not followed through on her offers. He acknowledges that she has looked after the premises very well and has been very nice to deal with, but he cannot afford to risk the arrears increasing further. He needs to get possession of the premises and get new tenants in.
The tenant has not provided sufficient evidence to satisfy me that it is unlikely that there will be no further breaches.
Accordingly, the tenancy is terminated and possession granted to the landlord at 10am on Monday 30 September 2024.
The landlord provided rent records which prove the amount owing until today is $11600. A further 3 days has been added to that to cover the tenant’s further occupation until Monday. That comes to $12,784.14.
Because Pawa Developments Limited has wholly succeeded with the claim I must reimburse 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 4941055 — net $9,211.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2024	$12,784.14	Rent arrears to 29 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,211.14
Total payable by Tenant to Landlord	$9,211.14

Claims and awards for application 4941055 — net $9,211.14 NZD. Verify on MoJ.

Rent arrears to 29 September 2024

Amount: $12,784.14
Awarded to: Landlord
Reason: Rent arrears to 29 September 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $9,211.14

Total payable by Tenant to Landlord

Landlord $9,211.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy is terminated and possession granted to Pawa Developments Limited at 10am Monday 30 September 2024.
Ruth Fa’aui must pay Pawa Developments Limited $9,211.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,600.00 (3125732-004) to Pawa Developments Limited immediately.

Reasons

Both parties attended the hearing which was conducted by phone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant explained that she had undergone some personal issues which meant that she had been unable to work. Since last week she has been back at work and will be able to pay the rent and pay off the arrears.
Section 55(1)(a) provides that where a landlord applies for termination and the rent was at least 21 days in arrears on the date the application was filed, the Tribunal must order termination, unless the Tribunal is satisfied that the breach has been remedied the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach. (See section 55(2)).
The tenant has not repaid the arrears and so I cannot decline to make the order under section 55(2).
Section 55(1A) provides that the Tribunal may make a conditional order for termination, but only if, it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal; and it is unlikely that the tenant will commit any further breach.
The tenant acknowledged that landlord has given the tenant several opportunities to repay the arrears but unfortunately she has not followed through on her offers. He acknowledges that she has looked after the premises very well and has been very nice to deal with, but he cannot afford to risk the arrears increasing further. He needs to get possession of the premises and get new tenants in.
The tenant has not provided sufficient evidence to satisfy me that it is unlikely that there will be no further breaches.
Accordingly, the tenancy is terminated and possession granted to the landlord at 10am on Monday 30 September 2024.
The landlord provided rent records which prove the amount owing until today is $11600. A further 3 days has been added to that to cover the tenant’s further occupation until Monday. That comes to $12,784.14.
Because Pawa Developments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4941055 — Rent arrears at 1 Waterfront Road, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 4941055 — Rent arrears at 1 Waterfront Road, Mangere Bridge, Auckland 2022

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