What was the outcome of Tenancy Tribunal case 5000034?

The tribunal order states: Seia Soseu owes Easy Rental Limited $10,377.00 (“the debt”) as shown in the

How much money was awarded in case 5000034?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 5000034?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5000034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11061613-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5000034?

The tribunal order states: Seia Soseu owes Easy Rental Limited $10,377.00 (“the debt”) as shown in the

How much money was awarded in case 5000034?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 5000034?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5000034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11061613-Tenancy_Tribunal_Order.pdf.

22 Merchant Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5000034 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5000034. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 14 November 2024	$10,350.00		Rent arrears (to 14 November 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Seia Soseu owes Easy Rental Limited $10,377.00 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 14 November 2024)$10,350.00 Filing fee reimbursement$27.00 Total award$10,377.00

Seia Soseu must pay rent and the debt as follows: a. By 147 weekly payments of $800.00, being $750.00 for rent and $50.00 for the debt. b. A final payment of $777.00, being $750.00 for rent and $27.00 for the debt. c. Payments will be every Thursday, with the first payment on 14/11/2024 and continuing until 09/09/2027.

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 22 Merchant Avenue, Te Atatu South, Auckland 0610 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.

An application for water rates is dismissed.

Reasons

Both parties attended the hearing by telephone.

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 landlord advised that Ms Soseu is a good tenant. However, a change in her personal circumstances has caused the rent to fall into arrears. The landlord offered to reduce the rent to $600 per week but only if the arrears are paid in full within a month. Ms Soseu is unable to do that. She receives weekly wages and other supplementary income.

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 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. Water Rates

The landlord also claimed outstanding water rates.

A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.

In relation to water charges, the District Court held in Woollams v Simpson (DC Auckland CIV-2005-004-1583, 16 March 2006), that there was an implied term in the tenancy agreement that the landlord would provide water accounts at regular intervals, and within a reasonable time, to enable payment to be made. The Court determined that, because the landlord had failed to do so, the tenant was only required to pay the last two accounts, which covered a period of just over four months.

In this case, the landlord has sent one invoice for water rates. I sent the tenant a bundle of invoices from water care to the owner a few days before the hearing. The landlord has not provided invoices to the tenant at reaoanble intervals and within a reasonable time. The landlord has not proved its claim for water rates. This aspect of the claim is dismissed.

Claims and awards in Tenancy Tribunal application 5000034. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 14 November 2024	$10,350.00		Rent arrears (to 14 November 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Seia Soseu owes Easy Rental Limited $10,377.00 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 14 November 2024)$10,350.00 Filing fee reimbursement$27.00 Total award$10,377.00
Seia Soseu must pay rent and the debt as follows: a. By 147 weekly payments of $800.00, being $750.00 for rent and $50.00 for the debt. b. A final payment of $777.00, being $750.00 for rent and $27.00 for the debt. c. Payments will be every Thursday, with the first payment on 14/11/2024 and continuing until 09/09/2027.
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 22 Merchant Avenue, Te Atatu South, Auckland 0610 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.
An application for water rates is dismissed.

Reasons

Both parties attended the hearing by telephone.
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 landlord advised that Ms Soseu is a good tenant. However, a change in her personal circumstances has caused the rent to fall into arrears. The landlord offered to reduce the rent to $600 per week but only if the arrears are paid in full within a month. Ms Soseu is unable to do that. She receives weekly wages and other supplementary income.
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 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. Water Rates
The landlord also claimed outstanding water rates.
A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.
In relation to water charges, the District Court held in Woollams v Simpson (DC Auckland CIV-2005-004-1583, 16 March 2006), that there was an implied term in the tenancy agreement that the landlord would provide water accounts at regular intervals, and within a reasonable time, to enable payment to be made. The Court determined that, because the landlord had failed to do so, the tenant was only required to pay the last two accounts, which covered a period of just over four months.
In this case, the landlord has sent one invoice for water rates. I sent the tenant a bundle of invoices from water care to the owner a few days before the hearing. The landlord has not provided invoices to the tenant at reaoanble intervals and within a reasonable time. The landlord has not proved its claim for water rates. This aspect of the claim is dismissed.

Tenancy Tribunal case 5000034 — Rent arrears at 22 Merchant Avenue, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5000034 — Rent arrears at 22 Merchant Avenue, Te Atatu South, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions