What was the outcome of Tenancy Tribunal case 5103608?

The tribunal order states: The tenancy of Thomas Whelan and Jenalyn Manipol Latanafrancia at 37 Bill

How much money was awarded in case 5103608?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,398.92 awarded to landlord; Water Rates: $290.28 awarded to landlord

What type of tenancy dispute was case 5103608?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5103608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539586-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5103608?

The tribunal order states: The tenancy of Thomas Whelan and Jenalyn Manipol Latanafrancia at 37 Bill

How much money was awarded in case 5103608?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,398.92 awarded to landlord; Water Rates: $290.28 awarded to landlord

What type of tenancy dispute was case 5103608?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5103608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539586-Tenancy_Tribunal_Order.pdf.

37 Bill Miller Drive, Papamoa, Papamoa 3118 Tenancy Tribunal Case 5103608 — Rent arrears

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37 Bill Miller Drive, Papamoa, Papamoa 3118 Tenancy Tribunal Case 5103608 — 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 5103608 — net $3,676.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,398.92	2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$290.28	Water rates
Net award	$3,676.20
Total payable by Tenant to Landlord	$3,676.20

Claims and awards for application 5103608 — net $3,676.20 NZD. Verify on MoJ.

Rent arrears

Amount: $6,398.92
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Water rates

Amount: $290.28
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $3,676.20

Total payable by Tenant to Landlord

Landlord $3,676.20

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Thomas Whelan and Jenalyn Manipol Latanafrancia at 37 Bill Miller Drive, Papamoa, Papamoa 3118 is terminated, and possession is granted to Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies, at
59 am on Friday 14 March 2025.
The Bond Centre is to pay the bond of $3,040.00 (6503624-001) to Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies immediately.
Thomas Whelan and Jenalyn Manipol Latanafrancia must pay Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies $3,676.20 immediately, calculated as shown in the table below:

Reasons

The landlord and the tenant Jenalyn Latanafrancia attended the hearing. Telephone calls to the tenant Thomas Whelan went to voicemail.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears 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.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The tenant invited the Tribunal to consider a conditional termination, conditional on her repaying the debt. For the Tribunal to consider such an arrangement, it must be satisfied that the tenant will pay the rent within the period specified in the order and will not commit any further breach by failing to pay rent on time and in full. Rent has been in arrears since 14 November 2024. Payments since then have been sporadic at best. I am not satisfied given the evidence of the tenant as to their current financial position, that they will be able to pay the arrears in any reasonable time frame or continue to pay rent on time and in full.

How much does the tenant owe?

The landlord provided rent records and water rates which prove the amount owing at the end of the tenancy will be $6,398.92 for rent and $290.28 for water rates.
As Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the tenants’’ application suppression is dismissed.

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 5103608 — net $3,676.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,398.92	2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$290.28	Water rates
Net award	$3,676.20
Total payable by Tenant to Landlord	$3,676.20

Claims and awards for application 5103608 — net $3,676.20 NZD. Verify on MoJ.

Rent arrears

Amount: $6,398.92
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Water rates

Amount: $290.28
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $3,676.20

Total payable by Tenant to Landlord

Landlord $3,676.20

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Thomas Whelan and Jenalyn Manipol Latanafrancia at 37 Bill Miller Drive, Papamoa, Papamoa 3118 is terminated, and possession is granted to Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies, at
59 am on Friday 14 March 2025.
The Bond Centre is to pay the bond of $3,040.00 (6503624-001) to Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies immediately.
Thomas Whelan and Jenalyn Manipol Latanafrancia must pay Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies $3,676.20 immediately, calculated as shown in the table below:

Reasons

The landlord and the tenant Jenalyn Latanafrancia attended the hearing. Telephone calls to the tenant Thomas Whelan went to voicemail.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears 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.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The tenant invited the Tribunal to consider a conditional termination, conditional on her repaying the debt. For the Tribunal to consider such an arrangement, it must be satisfied that the tenant will pay the rent within the period specified in the order and will not commit any further breach by failing to pay rent on time and in full. Rent has been in arrears since 14 November 2024. Payments since then have been sporadic at best. I am not satisfied given the evidence of the tenant as to their current financial position, that they will be able to pay the arrears in any reasonable time frame or continue to pay rent on time and in full.

How much does the tenant owe?

The landlord provided rent records and water rates which prove the amount owing at the end of the tenancy will be $6,398.92 for rent and $290.28 for water rates.
As Eves Realty Limited As Agent For Hailey Menzies And Jenna Menzies has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the tenants’’ application suppression is dismissed.

Tenancy Tribunal case 5103608 — Rent arrears at 37 Bill Miller Drive, Papamoa, Papamoa 3118

At a glance

Tenancy Tribunal case 5103608 — Rent arrears at 37 Bill Miller Drive, Papamoa, Papamoa 3118

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions