What was the outcome of Tenancy Tribunal case 5026248?

The tribunal order states: Aramina Diane Potae and Lantana Tuau Potae must pay Joanne Alexandria

How much money was awarded in case 5026248?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,300.00 awarded to landlord

What type of tenancy dispute was case 5026248?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5026248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11166334-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5026248?

The tribunal order states: Aramina Diane Potae and Lantana Tuau Potae must pay Joanne Alexandria

How much money was awarded in case 5026248?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,300.00 awarded to landlord

What type of tenancy dispute was case 5026248?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5026248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11166334-Tenancy_Tribunal_Order.pdf.

1200 Rings Road, Coromandel, Coromandel 3506 Tenancy Tribunal Case 5026248 — Rent arrears

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1200 Rings Road, Coromandel, Coromandel 3506 Tenancy Tribunal Case 5026248 — 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 5026248 — net $9,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2024	$9,300.00	Rent arrears to 4 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,327.00
Total payable by Tenant to Landlord	$9,327.00

Claims and awards for application 5026248 — net $9,327.00 NZD. Verify on MoJ.

Rent arrears to 4 December 2024

Amount: $9,300.00
Awarded to: Landlord
Reason: Rent arrears to 4 December 2024

Filing fee reimbursement

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

Net award

Landlord $9,327.00

Total payable by Tenant to Landlord

Landlord $9,327.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Aramina Diane Potae and Lantana Tuau Potae must pay Joanne Alexandria Albrecht $9,327.00 immediately, calculated as shown in the table below
The application for termination is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears and termination of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing up to 4 December 2024. The landlord’s claim for rent arrears is granted in full for $9,300.00. Termination
The landlord’s written application sought termination on the basis that rent was in arrears of at least 21 days’ on the date the applicant was filed.
The landlord’s written application was filed on 5 October 2024. Rent arrears were $2,085.71 (16 days) on this date. Rent was not 21 days’ in arrears on the date the application was filed and therefore, I cannot terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided an updated rent summary at the date of the hearing. Rent arrears are $9,300.00 (72 days) as at 4 December 2024. It remains open to the landlord to immediately file a fresh application for termination on the basis that rent is at least 21 days in arrears. If the landlord does this, it is likely that their application for termination will be granted.
At the hearing, the landlord sought to make an oral application for termination due to anti-social behaviour however, this ground for termination was not included in the landlord’s written application filed on 5 October 2024. I do not consider that the tenant has had appropriate notice that the landlord intended to seek termination for anti-social behaviour. Therefore, I declined to hear the landlord’s submissions for termination on this basis. I also note that the landlord did not file any evidence of having served the tenant with three notices for anti- social behaviour within a 90-day period, as required by section 55A(2)(a) and (b) RTA.
The landlord’s application for termination is dismissed. As noted above, it remains open to the landlord to file a fresh application for termination immediately on the basis that rent is at least 21 days’ in arrears on the date the new application is filed (section 55(1)(a) RTA). Filing fee
Because Joanne Alexandria Albrecht has substantially succeeded with the claim I have reimbursed 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 5026248 — net $9,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2024	$9,300.00	Rent arrears to 4 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,327.00
Total payable by Tenant to Landlord	$9,327.00

Claims and awards for application 5026248 — net $9,327.00 NZD. Verify on MoJ.

Rent arrears to 4 December 2024

Amount: $9,300.00
Awarded to: Landlord
Reason: Rent arrears to 4 December 2024

Filing fee reimbursement

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

Net award

Landlord $9,327.00

Total payable by Tenant to Landlord

Landlord $9,327.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Aramina Diane Potae and Lantana Tuau Potae must pay Joanne Alexandria Albrecht $9,327.00 immediately, calculated as shown in the table below
The application for termination is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears and termination of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing up to 4 December 2024. The landlord’s claim for rent arrears is granted in full for $9,300.00. Termination
The landlord’s written application sought termination on the basis that rent was in arrears of at least 21 days’ on the date the applicant was filed.
The landlord’s written application was filed on 5 October 2024. Rent arrears were $2,085.71 (16 days) on this date. Rent was not 21 days’ in arrears on the date the application was filed and therefore, I cannot terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided an updated rent summary at the date of the hearing. Rent arrears are $9,300.00 (72 days) as at 4 December 2024. It remains open to the landlord to immediately file a fresh application for termination on the basis that rent is at least 21 days in arrears. If the landlord does this, it is likely that their application for termination will be granted.
At the hearing, the landlord sought to make an oral application for termination due to anti-social behaviour however, this ground for termination was not included in the landlord’s written application filed on 5 October 2024. I do not consider that the tenant has had appropriate notice that the landlord intended to seek termination for anti-social behaviour. Therefore, I declined to hear the landlord’s submissions for termination on this basis. I also note that the landlord did not file any evidence of having served the tenant with three notices for anti- social behaviour within a 90-day period, as required by section 55A(2)(a) and (b) RTA.
The landlord’s application for termination is dismissed. As noted above, it remains open to the landlord to file a fresh application for termination immediately on the basis that rent is at least 21 days’ in arrears on the date the new application is filed (section 55(1)(a) RTA). Filing fee
Because Joanne Alexandria Albrecht has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5026248 — Rent arrears at 1200 Rings Road, Coromandel, Coromandel 3506

At a glance

Tenancy Tribunal case 5026248 — Rent arrears at 1200 Rings Road, Coromandel, Coromandel 3506

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions