How much money was awarded in case 5099348?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,603.00 awarded to landlord; Water Rates: $491.46 awarded to landlord

What type of tenancy dispute was case 5099348?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5099348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556982-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5099348?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,603.00 awarded to landlord; Water Rates: $491.46 awarded to landlord

What type of tenancy dispute was case 5099348?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5099348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556982-Tenancy_Tribunal_Order.pdf.

5 Parfitt Street, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5099348 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5099348?

The tribunal order states: The tenancy of Lina Akeli at 5 Parfitt Street, Mount Roskill, Auckland 1041 is

Order

Claims and awards in Tenancy Tribunal application 5099348 — net $6,561.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.3.2025	$7,603.00	Rent arrears to 17.3.2025
Water rates: to 11.3.2025	$491.46	Water rates: to 11.3.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,561.46
Total payable by Tenant to Landlord	$6,561.46

The tenancy of Lina Akeli at 5 Parfitt Street, Mount Roskill, Auckland 1041 is terminated, and possession is granted to Barfoot & Thompson Limited, at 11:59pm on Monday 17 March 2025.

The Bond Centre is to pay the bond of $1,560.00 (3110410-013) to Barfoot & Thompson Limited immediately.

Lina Akeli must pay Barfoot & Thompson Limited $6,561.46 immediately, calculated as shown in the table below:

Reasons

Mr Gill and Ms Arabzadeh, representing the landlord, and Lina Akeli, the tenant, all attended the teleconference hearing.

The landlord has applied for termination of the tenancy, rent arrears, outgoings, refund of the bond and refund of the application fee.

Should the tenancy be terminated?

Pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”), when rent is at least 21 days in arrears, the Tribunal can make a final termination order or a conditional termination order. However, the Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal, and it is unlikely that the tenant will commit any further such breach.

The landlord sought a final termination order, the tenant asked for a conditional termination order.

The landlord provided rent records which prove the amount owing to 17 March 2025, which is $8203.00, the amount of which the tenant agreed was likely correct.

The rent summary provided by the landlord indicated a 10-week period when there was no rent paid at all. The tenant said she had to travel to Samoa for her father’s funeral, spent 10 weeks there, and could not return until her mother came back to New Zealand with her. The tenant said that WINZ cut off her benefit while she was out of the country, and she has had difficulty in getting WINZ to agree to pay for the full rent arrears accrued. She clarified that WINZ told her they would only pay $2,400.00 towards any rent arrears but she has not been paid this by them yet.

In addition to the 10-week period where no rent was paid, from the rent summary, the tenant has missed weekly rent payments on several other occasions also, and the rent arrears were last at a zero balance in October 2024.

The tenant said she is back on a benefit and does not work, as she is a solo parent. She is not aware of any other way she can repay the rent arrears owing to the landlord, other than paying around $200.00 per week extra on top of her weekly rent, to go to the debt.

The landlord objected to a conditional termination order being made, as the tenant would not be able to repay the rent arrears debt within a reasonable time, even at the rate the tenant proposed, and said the owner is not able to carry this financially.

Whilst the tenant’s situation with her father passing overseas is unfortunate, the period of 10-weeks without any rent payments has taken the rent arrears owing to a significant amount. I am not satisfied, given the evidence of the tenant’s means, that she would be able to pay the rent arrears within any reasonable period, nor that it is unlikely the tenant will commit any further such breach. As such, I do not make a conditional termination order, as there are no grounds for this.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Rent arrears, outgoings and refund of the bond

As indicated, the landlord provided rent records showing the tenant owes the landlord a total of $8,203.00 for rent to 17 March 2025.

During the hearing, the landlord said the bond paid was $2,160.00. The tenant confirmed she had paid $2,160.00 for the bond. However, the amount of bond held at the Bond Centre for this property is only $1,560.00. I cannot explain why a different amount is held at the Bond Centre than what the parties say was paid for the bond. However, I can only release the amount of bond, $1,560.00 that is held at the Bond Centre.

As the parties both confirmed that $2,160.00 was paid for the bond, which is an extra $600.00 from what the amount of bond currently held at the Bond Centre of $1,560.00, then I will treat the $600.00 difference paid by the tenant as a rent credit. Therefore, I reduce the amount of rent arrears owing by the tenant to 17 March 2025, which is $8,203.00 by $600.00 to $7,603.00. Therefore, the tenant owes the landlord a total of $7,603.00 in rent to 17 March 2025, which is the end of the tenancy.

If the landlord wishes to follow up with the Bond Centre about the discrepancy in the amount of bond held versus what the parties say was paid for the bond, the landlord can do that directly with the Bond Centre.

Therefore, the Bond Centre is to pay the bond of $1,560.00 (3110410-013) to Barfoot & Thompson Limited immediately.

The tenant consented to pay the landlord a total of $491.46 for water bills to 11 March 2025, as was claimed by the landlord. Filing fee

Because Barfoot & Thompson Limited has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5099348 — net $6,561.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.3.2025	$7,603.00	Rent arrears to 17.3.2025
Water rates: to 11.3.2025	$491.46	Water rates: to 11.3.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,561.46
Total payable by Tenant to Landlord	$6,561.46

Order

The tenancy of Lina Akeli at 5 Parfitt Street, Mount Roskill, Auckland 1041 is terminated, and possession is granted to Barfoot & Thompson Limited, at 11:59pm on Monday 17 March 2025.
The Bond Centre is to pay the bond of $1,560.00 (3110410-013) to Barfoot & Thompson Limited immediately.
Lina Akeli must pay Barfoot & Thompson Limited $6,561.46 immediately, calculated as shown in the table below:

Reasons

Mr Gill and Ms Arabzadeh, representing the landlord, and Lina Akeli, the tenant, all attended the teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears, outgoings, refund of the bond and refund of the application fee.

Should the tenancy be terminated?

Pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”), when rent is at least 21 days in arrears, the Tribunal can make a final termination order or a conditional termination order. However, the Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal, and it is unlikely that the tenant will commit any further such breach.
The landlord sought a final termination order, the tenant asked for a conditional termination order.
The landlord provided rent records which prove the amount owing to 17 March 2025, which is $8203.00, the amount of which the tenant agreed was likely correct.
The rent summary provided by the landlord indicated a 10-week period when there was no rent paid at all. The tenant said she had to travel to Samoa for her father’s funeral, spent 10 weeks there, and could not return until her mother came back to New Zealand with her. The tenant said that WINZ cut off her benefit while she was out of the country, and she has had difficulty in getting WINZ to agree to pay for the full rent arrears accrued. She clarified that WINZ told her they would only pay $2,400.00 towards any rent arrears but she has not been paid this by them yet.
In addition to the 10-week period where no rent was paid, from the rent summary, the tenant has missed weekly rent payments on several other occasions also, and the rent arrears were last at a zero balance in October 2024.
The tenant said she is back on a benefit and does not work, as she is a solo parent. She is not aware of any other way she can repay the rent arrears owing to the landlord, other than paying around $200.00 per week extra on top of her weekly rent, to go to the debt.
The landlord objected to a conditional termination order being made, as the tenant would not be able to repay the rent arrears debt within a reasonable time, even at the rate the tenant proposed, and said the owner is not able to carry this financially.
Whilst the tenant’s situation with her father passing overseas is unfortunate, the period of 10-weeks without any rent payments has taken the rent arrears owing to a significant amount. I am not satisfied, given the evidence of the tenant’s means, that she would be able to pay the rent arrears within any reasonable period, nor that it is unlikely the tenant will commit any further such breach. As such, I do not make a conditional termination order, as there are no grounds for this.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Rent arrears, outgoings and refund of the bond
As indicated, the landlord provided rent records showing the tenant owes the landlord a total of $8,203.00 for rent to 17 March 2025.
During the hearing, the landlord said the bond paid was $2,160.00. The tenant confirmed she had paid $2,160.00 for the bond. However, the amount of bond held at the Bond Centre for this property is only $1,560.00. I cannot explain why a different amount is held at the Bond Centre than what the parties say was paid for the bond. However, I can only release the amount of bond, $1,560.00 that is held at the Bond Centre.
As the parties both confirmed that $2,160.00 was paid for the bond, which is an extra $600.00 from what the amount of bond currently held at the Bond Centre of $1,560.00, then I will treat the $600.00 difference paid by the tenant as a rent credit. Therefore, I reduce the amount of rent arrears owing by the tenant to 17 March 2025, which is $8,203.00 by $600.00 to $7,603.00. Therefore, the tenant owes the landlord a total of $7,603.00 in rent to 17 March 2025, which is the end of the tenancy.
If the landlord wishes to follow up with the Bond Centre about the discrepancy in the amount of bond held versus what the parties say was paid for the bond, the landlord can do that directly with the Bond Centre.
Therefore, the Bond Centre is to pay the bond of $1,560.00 (3110410-013) to Barfoot & Thompson Limited immediately.
The tenant consented to pay the landlord a total of $491.46 for water bills to 11 March 2025, as was claimed by the landlord. Filing fee
Because Barfoot & Thompson Limited has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5099348 — Rent arrears at 5 Parfitt Street, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5099348 — Rent arrears at 5 Parfitt Street, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions