What was the outcome of Tenancy Tribunal case 5070679?

The tribunal order states: The tenancy of Byron Paraire Puke Toru and Jeremiah Jack Dick at Unit/Flat

How much money was awarded in case 5070679?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,828.57 awarded to landlord; Water Rates: $52.00 awarded to landlord

What type of tenancy dispute was case 5070679?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5070679?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11243707-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5070679?

The tribunal order states: The tenancy of Byron Paraire Puke Toru and Jeremiah Jack Dick at Unit/Flat

How much money was awarded in case 5070679?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,828.57 awarded to landlord; Water Rates: $52.00 awarded to landlord

What type of tenancy dispute was case 5070679?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5070679?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11243707-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura Tenancy Tribunal Case 5070679 — Rent arrears

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Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura Tenancy Tribunal Case 5070679 — 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 5070679 — net $2,707.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2024	$5,828.57	Rent arrears to 19 December 2024
Water rates	$52.00	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,707.57
Total payable by Tenant to Landlord	$2,707.57

Claims and awards for application 5070679 — net $2,707.57 NZD. Verify on MoJ.

Rent arrears to 19 December 2024

Amount: $5,828.57
Awarded to: Landlord
Reason: Rent arrears to 19 December 2024

Water rates

Amount: $52.00
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,707.57

Total payable by Tenant to Landlord

Landlord $2,707.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Byron Paraire Puke Toru and Jeremiah Jack Dick at Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura 2110 is terminated, and possession is granted to First Reserve Limited (T/A Focus Rental) immediately.
Byron PARAIRE PUKE Toru and Jeremiah Jack Dick must pay First Reserve Limited (T/A Focus Rental) $2,707.57 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent outgoings and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord provided a rent summary, which proves that rent arrears are $5,828.57 (51 days) up to 19 December 2024.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
I considered setting the termination date as 13 January 2025 as it is almost the end of the year however, the landlord gave evidence that the tenants have abandoned the property. The landlord states that they visited the property on 11 December 2024 with animal control, as it appeared a dog had been abandoned in the front of the property. The dog was removed and the landlord completed an inspection of the property. The landlord provided photographs from this inspection, which show various rubbish bags have been packed and placed outside the property. The majority of the tenants’ items have been removed, with the exception of some rubbish and miscellaneous household items. The landlord gave evidence that they recently contacted the tenant who advised them that they had left the property as they could not afford it. The tenant has not paid rent since 23 October 2024. In these circumstances, I am satisfied that the tenant has abandoned the property and it is appropriate to make an order for immediate termination.

How much does the tenant owe for rent and water?

The landlord provided rent records which prove the amount owing up to the date of the hearing, namely $5,828.57. This is a fixed-term tenancy and therefore, the tenant remains liable to pay rent until a new tenancy begins or the fixed-term ends.
The landlord provided water rates invoices from the water rates authority, which prove that the tenant owes $52.00 in outstanding water rates. Filing fee
Because First Reserve Limited (T/A Focus Rental) 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 5070679 — net $2,707.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2024	$5,828.57	Rent arrears to 19 December 2024
Water rates	$52.00	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,707.57
Total payable by Tenant to Landlord	$2,707.57

Claims and awards for application 5070679 — net $2,707.57 NZD. Verify on MoJ.

Rent arrears to 19 December 2024

Amount: $5,828.57
Awarded to: Landlord
Reason: Rent arrears to 19 December 2024

Water rates

Amount: $52.00
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,707.57

Total payable by Tenant to Landlord

Landlord $2,707.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Byron Paraire Puke Toru and Jeremiah Jack Dick at Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura 2110 is terminated, and possession is granted to First Reserve Limited (T/A Focus Rental) immediately.
Byron PARAIRE PUKE Toru and Jeremiah Jack Dick must pay First Reserve Limited (T/A Focus Rental) $2,707.57 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent outgoings and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord provided a rent summary, which proves that rent arrears are $5,828.57 (51 days) up to 19 December 2024.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
I considered setting the termination date as 13 January 2025 as it is almost the end of the year however, the landlord gave evidence that the tenants have abandoned the property. The landlord states that they visited the property on 11 December 2024 with animal control, as it appeared a dog had been abandoned in the front of the property. The dog was removed and the landlord completed an inspection of the property. The landlord provided photographs from this inspection, which show various rubbish bags have been packed and placed outside the property. The majority of the tenants’ items have been removed, with the exception of some rubbish and miscellaneous household items. The landlord gave evidence that they recently contacted the tenant who advised them that they had left the property as they could not afford it. The tenant has not paid rent since 23 October 2024. In these circumstances, I am satisfied that the tenant has abandoned the property and it is appropriate to make an order for immediate termination.

How much does the tenant owe for rent and water?

The landlord provided rent records which prove the amount owing up to the date of the hearing, namely $5,828.57. This is a fixed-term tenancy and therefore, the tenant remains liable to pay rent until a new tenancy begins or the fixed-term ends.
The landlord provided water rates invoices from the water rates authority, which prove that the tenant owes $52.00 in outstanding water rates. Filing fee
Because First Reserve Limited (T/A Focus Rental) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5070679 — Rent arrears at Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura

At a glance

Tenancy Tribunal case 5070679 — Rent arrears at Unit/Flat Unit 2, 127 Clevedon Road, Papakura, Papakura

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe for rent and water?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe for rent and water?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions