What was the outcome of Tenancy Tribunal case 4996668?

The tribunal order states: The tenancy of Sailau Fuimaono at Unit/Flat 1, 138 Panama Road, Mount

How much money was awarded in case 4996668?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,310.00 awarded to landlord; Water Rates: $417.24 awarded to tenant

What type of tenancy dispute was case 4996668?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4996668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10895633-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4996668?

The tribunal order states: The tenancy of Sailau Fuimaono at Unit/Flat 1, 138 Panama Road, Mount

How much money was awarded in case 4996668?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,310.00 awarded to landlord; Water Rates: $417.24 awarded to tenant

What type of tenancy dispute was case 4996668?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4996668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10895633-Tribunal_Order.pdf.

Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 4996668 — Rent arrears

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Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 4996668 — 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 4996668 — net $1,919.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 Oct 24	$2,310.00		Rent arrears to 3 Oct 24
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water rates credit		$417.24	Water rates credit
Total award	$2,337.00	$417.24
Net award	$1,919.76
Total payable by Tenant to Landlord	$1,919.76

Claims and awards for application 4996668 — net $1,919.76 NZD. Verify on MoJ.

Rent arrears to 3 Oct 24

Amount: $2,310.00
Awarded to: Landlord
Reason: Rent arrears to 3 Oct 24

Filing fee reimbursement

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

Water rates credit

Amount: $417.24
Awarded to: Tenant
Reason: Water rates credit

Total award

Landlord $2,337.00 · Tenant $417.24

Net award

Landlord $1,919.76

Total payable by Tenant to Landlord

Landlord $1,919.76

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Sailau Fuimaono at Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland 1062 is terminated, and possession is granted to 360 Property Management Limited, at 5pm Thursday 3 October 2024.
The Bond Centre is to pay $1,919.76 (6482201-005) from the bond of $2040.00 to 360 Property Management Limited immediately, based on the table below:
The balance of the bond of $120.24 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered. The landlord advised she received a message from the tenant prior to the hearing stating she would not be attending. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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. At the date of the hearing rent was more than 21 days in arrears. See section 56(2) 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 rent as due and pay the rent arrears.
The landlord served a 14-day notice on the tenant on 9 September 2024, and the tenant did not remedy the breach within the required period. There are still rent arrears today.
It would be inequitable to refuse to terminate the tenancy because there have been prior instances of significant rent arrears. The landlord did not support a conditional order.
Because 360 Property Management 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 4996668 — net $1,919.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 Oct 24	$2,310.00		Rent arrears to 3 Oct 24
Filing fee reimbursement	$27.00		Filing fee reimbursement
Water rates credit		$417.24	Water rates credit
Total award	$2,337.00	$417.24
Net award	$1,919.76
Total payable by Tenant to Landlord	$1,919.76

Claims and awards for application 4996668 — net $1,919.76 NZD. Verify on MoJ.

Rent arrears to 3 Oct 24

Amount: $2,310.00
Awarded to: Landlord
Reason: Rent arrears to 3 Oct 24

Filing fee reimbursement

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

Water rates credit

Amount: $417.24
Awarded to: Tenant
Reason: Water rates credit

Total award

Landlord $2,337.00 · Tenant $417.24

Net award

Landlord $1,919.76

Total payable by Tenant to Landlord

Landlord $1,919.76

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Sailau Fuimaono at Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland 1062 is terminated, and possession is granted to 360 Property Management Limited, at 5pm Thursday 3 October 2024.
The Bond Centre is to pay $1,919.76 (6482201-005) from the bond of $2040.00 to 360 Property Management Limited immediately, based on the table below:
The balance of the bond of $120.24 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered. The landlord advised she received a message from the tenant prior to the hearing stating she would not be attending. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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. At the date of the hearing rent was more than 21 days in arrears. See section 56(2) 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 rent as due and pay the rent arrears.
The landlord served a 14-day notice on the tenant on 9 September 2024, and the tenant did not remedy the breach within the required period. There are still rent arrears today.
It would be inequitable to refuse to terminate the tenancy because there have been prior instances of significant rent arrears. The landlord did not support a conditional order.
Because 360 Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4996668 — Rent arrears at Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4996668 — Rent arrears at Unit/Flat 1, 138 Panama Road, Mount Wellington, Auckland

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