What was the outcome of Tenancy Tribunal case 5089472?

The tribunal order states: Seionala Lamipeti, John Lamipeti and Semisi Lamipeti owes Sunrise Property

How much money was awarded in case 5089472?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord; Water Rates: $960.00 awarded to landlord

What type of tenancy dispute was case 5089472?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5089472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11445300-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5089472?

The tribunal order states: Seionala Lamipeti, John Lamipeti and Semisi Lamipeti owes Sunrise Property

How much money was awarded in case 5089472?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord; Water Rates: $960.00 awarded to landlord

What type of tenancy dispute was case 5089472?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5089472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11445300-Tenancy_Tribunal_Order.pdf.

755 Chapel Road, Dannemora, Auckland 2016 Tenancy Tribunal Case 5089472 — Rent arrears

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755 Chapel Road, Dannemora, Auckland 2016 Tenancy Tribunal Case 5089472 — 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 5089472. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 February 2025	$4,200.00	Rent arrears to 18 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates: to 23 January 2025	$960.00	Water rates: to 23 January 2025

Claims and awards for application 5089472. Verify on MoJ.

Rent arrears to 18 February 2025

Amount: $4,200.00
Awarded to: Landlord
Reason: Rent arrears to 18 February 2025

Filing fee reimbursement

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

Water rates: to 23 January 2025

Amount: $960.00
Awarded to: Landlord
Reason: Water rates: to 23 January 2025

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Seionala Lamipeti, John Lamipeti and Semisi Lamipeti owes Sunrise Property Management and Services Limited - as agent for Angela Ip William To $5,187.00 (“the debt”), as calculated in the table below:
Seionala Lamipeti, John Lamipeti and Semisi Lamipeti must pay the rent arrears of $4,200.00 by 5pm on 5 March 2025, together with weekly rent payments.
Payments will be allocated in the following order: weekly rent, rent arrears, water rates, filing fee.
If the tenant fails to pay the rent arrears and weekly rent within 2 working days of the due dates: a. The tenancy at 755 Chapel Road, Dannemora, Auckland 2016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent. The landlord has provided rental records which prove the amount owing of $4,200.00 through to 18 February 2025. On 15 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. There were also two earlier 14-day notices issued for rent arrears. It would be inequitable to refuse to terminate the tenancy. The rent continues to be in arrears and on the hearing date, it was more than 21 days in arrears.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has also claimed for and provided records for outstanding water arrears of $960.00 through to 23 January 2025. The amount ordered is proved.
Because Sunrise Property Management and Services Limited - as agent for Angela Ip William To has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 February 2025

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 5089472. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 February 2025	$4,200.00	Rent arrears to 18 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates: to 23 January 2025	$960.00	Water rates: to 23 January 2025

Claims and awards for application 5089472. Verify on MoJ.

Rent arrears to 18 February 2025

Amount: $4,200.00
Awarded to: Landlord
Reason: Rent arrears to 18 February 2025

Filing fee reimbursement

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

Water rates: to 23 January 2025

Amount: $960.00
Awarded to: Landlord
Reason: Water rates: to 23 January 2025

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Seionala Lamipeti, John Lamipeti and Semisi Lamipeti owes Sunrise Property Management and Services Limited - as agent for Angela Ip William To $5,187.00 (“the debt”), as calculated in the table below:
Seionala Lamipeti, John Lamipeti and Semisi Lamipeti must pay the rent arrears of $4,200.00 by 5pm on 5 March 2025, together with weekly rent payments.
Payments will be allocated in the following order: weekly rent, rent arrears, water rates, filing fee.
If the tenant fails to pay the rent arrears and weekly rent within 2 working days of the due dates: a. The tenancy at 755 Chapel Road, Dannemora, Auckland 2016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent. The landlord has provided rental records which prove the amount owing of $4,200.00 through to 18 February 2025. On 15 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. There were also two earlier 14-day notices issued for rent arrears. It would be inequitable to refuse to terminate the tenancy. The rent continues to be in arrears and on the hearing date, it was more than 21 days in arrears.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has also claimed for and provided records for outstanding water arrears of $960.00 through to 23 January 2025. The amount ordered is proved.
Because Sunrise Property Management and Services Limited - as agent for Angela Ip William To has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 February 2025

Tenancy Tribunal case 5089472 — Rent arrears at 755 Chapel Road, Dannemora, Auckland 2016

At a glance

Tenancy Tribunal case 5089472 — Rent arrears at 755 Chapel Road, Dannemora, Auckland 2016

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