How much money was awarded in case 4942575?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,060.00 awarded to landlord

What type of tenancy dispute was case 4942575?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4942575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662827-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4942575?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,060.00 awarded to landlord

What type of tenancy dispute was case 4942575?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4942575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662827-Tenancy_Tribunal_Order.pdf.

16 Park Road, Miramar, Wellington 6022 Tenancy Tribunal Case 4942575 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4942575?

The tribunal order states: Peter Samuelu and Fa’auliulito Samuelu owes Oriental Rongotai Football Club

Order

Claims and awards in Tenancy Tribunal application 4942575 — net $8,087.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 August 2024	$8,060.00	Rent arrears to 4 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,087.00
Total payable by Tenant to Landlord	$8,087.00

Peter Samuelu and Fa’auliulito Samuelu owes Oriental Rongotai Football Club Incorporated $8,087.00 (“the debt”) as detailed in the table below.

Peter Samuelu must pay rent and the debt as follows: a. By 4 weekly payments of $700.00 for rent every Tuesday, with the first payment being on 06/08/2024 and continuing until 27/08/2024. b. A final payment of $8,087.00 for the debt to be paid by Friday, 30 August 2024.

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 16 Park Road, Miramar, Wellington 6022 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.

Peter Samuelu must pay Oriental Rongotai Football Club Incorporated $8,087.00 by Friday, 30 August 2024 per the table below.

Reasons

Both parties attended the hearing. Peter Samuelu spoke on behalf of his father, Fa’auliulito Samuelu. Fa’auliulitu Samuelu introduced himself to the Tribunal but was unable to fully participate as he suffers from a serious illness/disability.

Both parties confirmed that the third person listed on the tenancy agreement is no longer a tenant.

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

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

The application was filed on 17 July 2024. Rent arrears were $6,960.00 (69 days) on this date.

Peter Samuelu advised the Tribunal that he is a fulltime caregiver for his father, Fa’auliulito Samuelu. Peter Samuelu receives a benefit for looking after his father who receives a pension. Peter Samuelu’s benefit was suspended as his application for renewal was missing some information. He advised the Tribunal that his benefit has recently been reinstated and his first payment is due on Tuesday, 6 August 2024. He advised the Tribunal that he can meet the rental payments moving forward and intends to organise an automatic redirection of rent from his benefit and his father’s pension. Peter Samuelu also advised the Tribunal that he intends to seek assistance from Work and Income New Zealand (WINZ) to help clear the arrears in full. He has also made enquiries about accessing his KiwiSaver funds.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. The tenant will only be able to remain in the property until 30 August 2024, which is when the debt is due to be paid in full, on the basis that they meet all rental payments between now and then. If the tenant’s rental payments are 2 working days late, then the tenancy will terminate and the landlord will be entitled to immediate possession. Similarly, if the tenant does not clear the debt in full by 30 August 2024, then the tenancy will terminate. I consider the terms of the order protect the landlord’s interests, whilst also providing an opportunity for the tenant to finalise arrangements to pay the debt in full. The order is fair and promotes the expeditious resolution of this dispute. See section 85(1) 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 may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing at 4 August 2024. The payment of rent in advance for the week 29/08/2024 – 04/08/2024 was due on 28 August 2024. It has not been paid and the tenant advised that they do not intend to pay it between the date of the hearing and 4 August 2024. It is for this reason that the total amount of arrears have been calculated up to 4 August 2024, rather than the date of the hearing.

Because Oriental Rongotai Football Club Incorporated has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4942575 — net $8,087.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 August 2024	$8,060.00	Rent arrears to 4 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,087.00
Total payable by Tenant to Landlord	$8,087.00

Order

Peter Samuelu and Fa’auliulito Samuelu owes Oriental Rongotai Football Club Incorporated $8,087.00 (“the debt”) as detailed in the table below.
Peter Samuelu must pay rent and the debt as follows: a. By 4 weekly payments of $700.00 for rent every Tuesday, with the first payment being on 06/08/2024 and continuing until 27/08/2024. b. A final payment of $8,087.00 for the debt to be paid by Friday, 30 August 2024.
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 16 Park Road, Miramar, Wellington 6022 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.
Peter Samuelu must pay Oriental Rongotai Football Club Incorporated $8,087.00 by Friday, 30 August 2024 per the table below.

Reasons

Both parties attended the hearing. Peter Samuelu spoke on behalf of his father, Fa’auliulito Samuelu. Fa’auliulitu Samuelu introduced himself to the Tribunal but was unable to fully participate as he suffers from a serious illness/disability.
Both parties confirmed that the third person listed on the tenancy agreement is no longer a tenant.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The application was filed on 17 July 2024. Rent arrears were $6,960.00 (69 days) on this date.
Peter Samuelu advised the Tribunal that he is a fulltime caregiver for his father, Fa’auliulito Samuelu. Peter Samuelu receives a benefit for looking after his father who receives a pension. Peter Samuelu’s benefit was suspended as his application for renewal was missing some information. He advised the Tribunal that his benefit has recently been reinstated and his first payment is due on Tuesday, 6 August 2024. He advised the Tribunal that he can meet the rental payments moving forward and intends to organise an automatic redirection of rent from his benefit and his father’s pension. Peter Samuelu also advised the Tribunal that he intends to seek assistance from Work and Income New Zealand (WINZ) to help clear the arrears in full. He has also made enquiries about accessing his KiwiSaver funds.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. The tenant will only be able to remain in the property until 30 August 2024, which is when the debt is due to be paid in full, on the basis that they meet all rental payments between now and then. If the tenant’s rental payments are 2 working days late, then the tenancy will terminate and the landlord will be entitled to immediate possession. Similarly, if the tenant does not clear the debt in full by 30 August 2024, then the tenancy will terminate. I consider the terms of the order protect the landlord’s interests, whilst also providing an opportunity for the tenant to finalise arrangements to pay the debt in full. The order is fair and promotes the expeditious resolution of this dispute. See section 85(1) 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 may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing at 4 August 2024. The payment of rent in advance for the week 29/08/2024 – 04/08/2024 was due on 28 August 2024. It has not been paid and the tenant advised that they do not intend to pay it between the date of the hearing and 4 August 2024. It is for this reason that the total amount of arrears have been calculated up to 4 August 2024, rather than the date of the hearing.
Because Oriental Rongotai Football Club Incorporated has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4942575 — Rent arrears at 16 Park Road, Miramar, Wellington 6022

At a glance

Tenancy Tribunal case 4942575 — Rent arrears at 16 Park Road, Miramar, Wellington 6022

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions