What was the outcome of Tenancy Tribunal case 5080179?

The tribunal order states: Jaypea Sheriff must pay The Property Management Team Limited As Agent For

How much money was awarded in case 5080179?

Rent Arrears: $3,185.71 awarded to landlord; Rubbish Removal: $129.00 awarded to landlord; Water Rates: $36.72 awarded to landlord

What type of tenancy dispute was case 5080179?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5080179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11545569-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5080179?

The tribunal order states: Jaypea Sheriff must pay The Property Management Team Limited As Agent For

How much money was awarded in case 5080179?

Rent Arrears: $3,185.71 awarded to landlord; Rubbish Removal: $129.00 awarded to landlord; Water Rates: $36.72 awarded to landlord

What type of tenancy dispute was case 5080179?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5080179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11545569-Tribunal_Order.pdf.

25 Piriti Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5080179 — Rent arrears

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25 Piriti Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5080179 — 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 5080179 — net $1,211.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 December 2024	$3,185.71	Rent arrears to 2 December 2024
Rubbish removal (as agreed at mediation	$129.00	Rubbish removal (as agreed at mediation
Water rates (as agreed at mediation	$36.72	Water rates (as agreed at mediation
Net award	$1,211.43
Total payable by Tenant to Landlord	$1,211.43

Claims and awards for application 5080179 — net $1,211.43 NZD. Verify on MoJ.

Rent arrears to 2 December 2024

Amount: $3,185.71
Awarded to: Landlord
Reason: Rent arrears to 2 December 2024

Rubbish removal (as agreed at mediation

Amount: $129.00
Awarded to: Landlord
Reason: Rubbish removal (as agreed at mediation

Water rates (as agreed at mediation

Amount: $36.72
Awarded to: Landlord
Reason: Water rates (as agreed at mediation

Net award

Landlord $1,211.43

Total payable by Tenant to Landlord

Landlord $1,211.43

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal Water Rates

Order

Jaypea Sheriff must pay The Property Management Team Limited As Agent For Kim Laing $1,211.43 immediately, as set out in table below:
The Bond Centre is to pay the bond of $2,140.00 (5097384-004) to The Property Management Team Limited As Agent For Kim Laing immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates and rubbish removal costs incurred at the end of the tenancy on 2 December 2024.
By mediator’s order dated 23 December 2024, the parties attended mediation and confirmed the amounts agreed as owing towards rubbish removal costs and water rates of $129.00 and $36.72 respectively.
Only the landlord’s claim for rent arrears was unresolved which I have now addressed today.
The tenant contends that the rent should not have been increased to $620.00 on 7 September 2024 because the landlord had not carried out any refurbishment work on the premises which the landlord was initially wanting to do. Further, the tenant also contends that the rent is paid to 2 November 2024 with his last payment of $575.00 on 23 October 2024.
On the issue of rent increase, I find that the landlord is entitled to increase the rent pursuant to section 24 Residential Tenancies Act 1986 (‘RTA’) by giving of at least 60 days’ written notice. There is nothing before me to indicate that the landlord had waived their right to increase the rent or made it conditional on refurbishment works being carried out.
The landlord’s notice dated 1 July 2024 to increase the rent from $575.00 to $620.00 with effect from 7 September 2024 complies with section 24 RTA. Notably it was served with at least 60 days’ written notice and the last increase was over a year ago.
The landlord has therefore correctly increased the rent to $620.00 and the rent summary correctly records the rent payable for the relevant periods.
Moving on to the second issue of the rent calculation, I acknowledge the tenant’s genuine belief that he has paid rent in advance to 2 November 2024. However, the landlord’s rent summary clearly shows that his then credit of $180.00 was applied towards the 26 October to 1 November 2024 period and his first record of rent arrears of $440.00 as at 1 November 2024 remains correct. The tenant made no further payments after 23 October 2024.
The landlord’s rent summary goes back to the tenant’s first rent payment of $535.00 on 6 April 2023 and second rent payment of $535.00 on 13 April 2023. The tenancy commenced on 8 April 2023 and rent payments have been duly applied to the correct periods of rent payable dates.
The landlord has duly proved the rent amount owing of $3,185.71 to 2 December 2024. The landlord is entitled to the whole bond accordingly as well as a monetary order for the outstanding debt as set out in the above table.

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 5080179 — net $1,211.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 December 2024	$3,185.71	Rent arrears to 2 December 2024
Rubbish removal (as agreed at mediation	$129.00	Rubbish removal (as agreed at mediation
Water rates (as agreed at mediation	$36.72	Water rates (as agreed at mediation
Net award	$1,211.43
Total payable by Tenant to Landlord	$1,211.43

Claims and awards for application 5080179 — net $1,211.43 NZD. Verify on MoJ.

Rent arrears to 2 December 2024

Amount: $3,185.71
Awarded to: Landlord
Reason: Rent arrears to 2 December 2024

Rubbish removal (as agreed at mediation

Amount: $129.00
Awarded to: Landlord
Reason: Rubbish removal (as agreed at mediation

Water rates (as agreed at mediation

Amount: $36.72
Awarded to: Landlord
Reason: Water rates (as agreed at mediation

Net award

Landlord $1,211.43

Total payable by Tenant to Landlord

Landlord $1,211.43

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal Water Rates

Order

Jaypea Sheriff must pay The Property Management Team Limited As Agent For Kim Laing $1,211.43 immediately, as set out in table below:
The Bond Centre is to pay the bond of $2,140.00 (5097384-004) to The Property Management Team Limited As Agent For Kim Laing immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates and rubbish removal costs incurred at the end of the tenancy on 2 December 2024.
By mediator’s order dated 23 December 2024, the parties attended mediation and confirmed the amounts agreed as owing towards rubbish removal costs and water rates of $129.00 and $36.72 respectively.
Only the landlord’s claim for rent arrears was unresolved which I have now addressed today.
The tenant contends that the rent should not have been increased to $620.00 on 7 September 2024 because the landlord had not carried out any refurbishment work on the premises which the landlord was initially wanting to do. Further, the tenant also contends that the rent is paid to 2 November 2024 with his last payment of $575.00 on 23 October 2024.
On the issue of rent increase, I find that the landlord is entitled to increase the rent pursuant to section 24 Residential Tenancies Act 1986 (‘RTA’) by giving of at least 60 days’ written notice. There is nothing before me to indicate that the landlord had waived their right to increase the rent or made it conditional on refurbishment works being carried out.
The landlord’s notice dated 1 July 2024 to increase the rent from $575.00 to $620.00 with effect from 7 September 2024 complies with section 24 RTA. Notably it was served with at least 60 days’ written notice and the last increase was over a year ago.
The landlord has therefore correctly increased the rent to $620.00 and the rent summary correctly records the rent payable for the relevant periods.
Moving on to the second issue of the rent calculation, I acknowledge the tenant’s genuine belief that he has paid rent in advance to 2 November 2024. However, the landlord’s rent summary clearly shows that his then credit of $180.00 was applied towards the 26 October to 1 November 2024 period and his first record of rent arrears of $440.00 as at 1 November 2024 remains correct. The tenant made no further payments after 23 October 2024.
The landlord’s rent summary goes back to the tenant’s first rent payment of $535.00 on 6 April 2023 and second rent payment of $535.00 on 13 April 2023. The tenancy commenced on 8 April 2023 and rent payments have been duly applied to the correct periods of rent payable dates.
The landlord has duly proved the rent amount owing of $3,185.71 to 2 December 2024. The landlord is entitled to the whole bond accordingly as well as a monetary order for the outstanding debt as set out in the above table.

Tenancy Tribunal case 5080179 — Rent arrears at 25 Piriti Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5080179 — Rent arrears at 25 Piriti Place, Weymouth, Auckland 2103

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