What was the outcome of Tenancy Tribunal case 5068295?

The tribunal order states: The tenancy of Ariki Harper at Flat 4, 47 School Road, Paihia 0200 is

How much money was awarded in case 5068295?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $344.29 awarded to landlord; Water Rates: $480.64 awarded to landlord

What type of tenancy dispute was case 5068295?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5068295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343866-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5068295?

The tribunal order states: The tenancy of Ariki Harper at Flat 4, 47 School Road, Paihia 0200 is

How much money was awarded in case 5068295?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $344.29 awarded to landlord; Water Rates: $480.64 awarded to landlord

What type of tenancy dispute was case 5068295?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5068295?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343866-Tenancy_Tribunal_Order.pdf.

Flat 4, 47 School Road, Paihia 0200 Tenancy Tribunal Case 5068295 — Rent arrears

Claims and awards in Tenancy Tribunal application 5068295 — net $851.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2025	$344.29	8. I will make an order terminating the tenancy on the grounds that: a.
Water rates	$480.64	10. There are water rates arrears of $481.43, outstanding since November
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$851.93
Bond	$851.93
Total payable by Tenant to Landlord	$851.93

Order

The tenancy of Ariki Harper at Flat 4, 47 School Road, Paihia 0200 is terminated, and possession is granted to Mid North Real Estate Limited (as agent for G & N Cooper) at 12.00 noon on FRIDAY 31 st JANUARY 2025.
The Bond Centre is to pay the bond of $851.93 from the bond of $1,100.00 (3090770-031) to Mid North Real Estate Limited immediately. The balance of the bond will remain with the Bond Centre.
Ariki Harper is to pay Mid North Real Estate Ltd (as agent for G & N Cooper) $851.93 calculated per the table below. Payment will be made from the bond per order 2 above.

Reasons

The landlord’s application seeks termination of the tenancy, water rates, and rent arrears.
The hearing took place at the Kaikohe Court on 23 January 2025. Ms Robinson represented the landlord at the hearing. There was no appearance by Mr Harper, but Mr Harper contacted the Kaikohe Court after the hearing, as discussed below under the heading “Noted”. Termination
The Tenancy Tribunal may make an order terminating a tenancy if: 1 a. The tenant has breached a term of the tenancy agreement or of the Residential Tenancies Act 1986 (“RTA”); and b. In the case of a breach that is capable of being remedied, the landlord has sent the tenant a notice detailing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The tenant did not remedy the breach withing the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination of the tenancy.
Mid North Real Estate sent Mr Harper a breach notice on 23 October 2024. The notice identified the following breaches: a. Dog on the property: Mr Harper’s tenancy agreement states no pets. b. Flat not reasonably clean and tidy: Tenants must keep the premises in a reasonably clean and tidy condition. c. Exceeding the permitted number of occupants: Mid North’s notice alleges that Mr Harper’s “uncle” was staying at the property. d. Car wreck, and other rubbish on property (especially in the car port). e. Holes in walls, particularly in the bedrooms. f. Shower rose missing.
Ms Robinson carried out a re-inspection in November 2024 and a further (routine) inspection on 15 January 2025.
Ms Robinson said that: 1 Section 56 Residential Tenancies Act 1986 (“RTA”) a. The dog is still on the property. Mr Harper keeps the dog inside. The carpet in the flat is badly soiled. b. Mr Harper has made some efforts to clean the flat and remove some of the rubbish, but it is still not reasonably clean and tidy. c. She was confronted by the dog at both the November and January inspections, so she was not able to check the bedrooms as to whether the holes had been repaired.
Ms Robinson provided copies of the inspection reports including photographs.
I will make an order terminating the tenancy on the grounds that: a. Mr Harper breached his tenancy agreement and the RTA by: i. Keeping a dog at the premises; and ii. Failing to keep the premises reasonably clean and tidy; and iii. Causing damage beyond fair wear and tear. b. The landlord sent the tenant a notice identifying the breaches and giving the tenant a reasonable period of time to remedy the breaches. c. The tenant did not remedy the breaches within the notice period. d. It would be inequitable to refuse the request for termination having regard to the following factors: i. The tenant has taken no steps to remove the dog. The dog is causing damage to the carpet. ii. The tenant has an excessive amount of rubbish on the premises, including on common areas. This is impacting on other residents in the block of units. iii. The tenant has made almost no effort to co-operate with the landlord and remedy these continuing breaches. iv. There are also rent arrears and water rates arrears. Rent and water, filing fee, bond
The rent was increased from $400.00 per week to $450.00 per week in November 2024. Mr Harper has continued to pay at this previous rate of $430.00 per week (intended to be $400.00 for rent and $30.00 for water), which means that rent arrears began to accumulate from early December 2024, and they now stand at $344.29 (at the date of hearing).
There are water rates arrears of $481.43, outstanding since November 2024.
The landlord has been successful in this application and I must also award the landlord the filing fee of $27.00. 2
Mid North Real Estate will receive $851.93 from the bond, calculated per the table above. The balance of the bond will remain with the Bond Centre. It is likely that the landlord will bring a further application for cleaning, rubbish removal, repairs, and other costs once the tenancy is vacated. Noted
The hearing took place at the Kaikohe Court commencing at 9.30am. Mr Harper did not appear at 9.30am. I was satisfied that notice of the hearing had been sent to Mr Harper at the tenancy address. The hearing proceeded in Mr Harper’s absence.
After the hearing concluded I was informed that Mr Harper had sent an email to the Kaikohe Court. The email was sent at 9.49am. The email states: I had a tenancy tribunal face to face at 9.35 this morning I was unaware that I had to be in this morning the letter I had I thought the time to appear was 11am today I am emailing to try to get a appearance in 20 days
The notice of hearing clearly states that the hearing is at 9.30am, not 9.35am or
00am.
It was clear from the notice, and from Mid North’s communication with Mr Harper, that the landlord was seeking termination of the tenancy.
Where a notice of hearing has been given to a party and the party does not attend the hearing, the Tribunal has the power to hear and determine the application in the absence of that party. 3

Claims and awards in Tenancy Tribunal application 5068295 — net $851.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2025	$344.29	8. I will make an order terminating the tenancy on the grounds that: a.
Water rates	$480.64	10. There are water rates arrears of $481.43, outstanding since November
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$851.93
Bond	$851.93
Total payable by Tenant to Landlord	$851.93

Order

The tenancy of Ariki Harper at Flat 4, 47 School Road, Paihia 0200 is terminated, and possession is granted to Mid North Real Estate Limited (as agent for G & N Cooper) at 12.00 noon on FRIDAY 31 st JANUARY 2025.
The Bond Centre is to pay the bond of $851.93 from the bond of $1,100.00 (3090770-031) to Mid North Real Estate Limited immediately. The balance of the bond will remain with the Bond Centre.
Ariki Harper is to pay Mid North Real Estate Ltd (as agent for G & N Cooper) $851.93 calculated per the table below. Payment will be made from the bond per order 2 above.

Reasons

The landlord’s application seeks termination of the tenancy, water rates, and rent arrears.
The hearing took place at the Kaikohe Court on 23 January 2025. Ms Robinson represented the landlord at the hearing. There was no appearance by Mr Harper, but Mr Harper contacted the Kaikohe Court after the hearing, as discussed below under the heading “Noted”. Termination
The Tenancy Tribunal may make an order terminating a tenancy if: 1 a. The tenant has breached a term of the tenancy agreement or of the Residential Tenancies Act 1986 (“RTA”); and b. In the case of a breach that is capable of being remedied, the landlord has sent the tenant a notice detailing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The tenant did not remedy the breach withing the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination of the tenancy.
Mid North Real Estate sent Mr Harper a breach notice on 23 October 2024. The notice identified the following breaches: a. Dog on the property: Mr Harper’s tenancy agreement states no pets. b. Flat not reasonably clean and tidy: Tenants must keep the premises in a reasonably clean and tidy condition. c. Exceeding the permitted number of occupants: Mid North’s notice alleges that Mr Harper’s “uncle” was staying at the property. d. Car wreck, and other rubbish on property (especially in the car port). e. Holes in walls, particularly in the bedrooms. f. Shower rose missing.
Ms Robinson carried out a re-inspection in November 2024 and a further (routine) inspection on 15 January 2025.
Ms Robinson said that: 1 Section 56 Residential Tenancies Act 1986 (“RTA”) a. The dog is still on the property. Mr Harper keeps the dog inside. The carpet in the flat is badly soiled. b. Mr Harper has made some efforts to clean the flat and remove some of the rubbish, but it is still not reasonably clean and tidy. c. She was confronted by the dog at both the November and January inspections, so she was not able to check the bedrooms as to whether the holes had been repaired.
Ms Robinson provided copies of the inspection reports including photographs.
I will make an order terminating the tenancy on the grounds that: a. Mr Harper breached his tenancy agreement and the RTA by: i. Keeping a dog at the premises; and ii. Failing to keep the premises reasonably clean and tidy; and iii. Causing damage beyond fair wear and tear. b. The landlord sent the tenant a notice identifying the breaches and giving the tenant a reasonable period of time to remedy the breaches. c. The tenant did not remedy the breaches within the notice period. d. It would be inequitable to refuse the request for termination having regard to the following factors: i. The tenant has taken no steps to remove the dog. The dog is causing damage to the carpet. ii. The tenant has an excessive amount of rubbish on the premises, including on common areas. This is impacting on other residents in the block of units. iii. The tenant has made almost no effort to co-operate with the landlord and remedy these continuing breaches. iv. There are also rent arrears and water rates arrears. Rent and water, filing fee, bond
The rent was increased from $400.00 per week to $450.00 per week in November 2024. Mr Harper has continued to pay at this previous rate of $430.00 per week (intended to be $400.00 for rent and $30.00 for water), which means that rent arrears began to accumulate from early December 2024, and they now stand at $344.29 (at the date of hearing).
There are water rates arrears of $481.43, outstanding since November 2024.
The landlord has been successful in this application and I must also award the landlord the filing fee of $27.00. 2
Mid North Real Estate will receive $851.93 from the bond, calculated per the table above. The balance of the bond will remain with the Bond Centre. It is likely that the landlord will bring a further application for cleaning, rubbish removal, repairs, and other costs once the tenancy is vacated. Noted
The hearing took place at the Kaikohe Court commencing at 9.30am. Mr Harper did not appear at 9.30am. I was satisfied that notice of the hearing had been sent to Mr Harper at the tenancy address. The hearing proceeded in Mr Harper’s absence.
After the hearing concluded I was informed that Mr Harper had sent an email to the Kaikohe Court. The email was sent at 9.49am. The email states: I had a tenancy tribunal face to face at 9.35 this morning I was unaware that I had to be in this morning the letter I had I thought the time to appear was 11am today I am emailing to try to get a appearance in 20 days
The notice of hearing clearly states that the hearing is at 9.30am, not 9.35am or
00am.
It was clear from the notice, and from Mid North’s communication with Mr Harper, that the landlord was seeking termination of the tenancy.
Where a notice of hearing has been given to a party and the party does not attend the hearing, the Tribunal has the power to hear and determine the application in the absence of that party. 3

Tenancy Tribunal case 5068295 — Rent arrears at Flat 4, 47 School Road, Paihia 0200

At a glance

Tenancy Tribunal case 5068295 — Rent arrears at Flat 4, 47 School Road, Paihia 0200

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