What was the outcome of Tenancy Tribunal case 5137728?

The tribunal order states: The tenancy of Bonnie Annie Marie Raukura Wiki at Unit/Flat 5, 99 Waiwhetu

How much money was awarded in case 5137728?

Rent Arrears: $5,950.00 awarded to landlord

What type of tenancy dispute was case 5137728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5137728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11515366-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5137728?

The tribunal order states: The tenancy of Bonnie Annie Marie Raukura Wiki at Unit/Flat 5, 99 Waiwhetu

How much money was awarded in case 5137728?

Rent Arrears: $5,950.00 awarded to landlord

What type of tenancy dispute was case 5137728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5137728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11515366-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011 Tenancy Tribunal Case 5137728 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5137728 — net $3,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,950.00	Rent arrears
Net award	$3,950.00
Total payable by Tenant to Landlord	$3,950.00

The tenancy of Bonnie Annie Marie Raukura Wiki at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011 is terminated, and possession is granted to Rinku and Suresh Singh, immediately.

The Bond Centre is to pay the bond of $2,000.00 (6536444-008) to Rinku and Suresh Singh immediately.

Bonnie Annie Marie Raukura Wiki must pay Rinku and Suresh Singh $3,950.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. Ms Wiki could not attend in person as her child was sick, so attendance by telephone was allowed. However, despite three attempts and a message left she did not pick up the calls made to her. She confirmed the number used was correct in emails received immediately after the hearing.

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

Should the tenancy be terminated?

The trigger for the application was the non-payment of rent from 4 December 2024, I accept that notices in the form of texts from the landlord were sent. However, those arrears were paid by lump sum on 9 and 14 January 2025. Therefore, no arrears were owed at the date of the application.

However, no rent has been paid by Ms Wiki since 14 January 2025, S 55(1)(aa) of the Residential tenancies Act 1986 says the Tribunal shall terminate a tenancy where on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrears and on each occasion the landlord gave the tenant written notice advising the tenant of the arrears, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice.

In this case I find the landlord has served notices in the form of texts satisfying the requirements of the Act.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Anti-Social behaviour

The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

The landlord has provided emails from other tenants and body corporate members which refer to numerous allegations of loud music, drunken and intimidating behaviour, police attendances, and noise complaints by the tenant and her guests. These emails appear to show at least 8 instances of such behaviours dating back to June 2024.

The landlord also applied for termination on the basis of anti-social behaviour. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; v. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.

While he referred to them the landlord did not provide evidence of notices meeting the requirements of the Act for termination. Emails show that on 2 instances in June and November the issues were raised with the tenant, however, these do not meet the requirements of the Act. Therefore, I cannot terminate on this basis, but noting that termination for rent arrears is made out.

Claims and awards in Tenancy Tribunal application 5137728 — net $3,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,950.00	Rent arrears
Net award	$3,950.00
Total payable by Tenant to Landlord	$3,950.00

Order

The tenancy of Bonnie Annie Marie Raukura Wiki at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011 is terminated, and possession is granted to Rinku and Suresh Singh, immediately.
The Bond Centre is to pay the bond of $2,000.00 (6536444-008) to Rinku and Suresh Singh immediately.
Bonnie Annie Marie Raukura Wiki must pay Rinku and Suresh Singh $3,950.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. Ms Wiki could not attend in person as her child was sick, so attendance by telephone was allowed. However, despite three attempts and a message left she did not pick up the calls made to her. She confirmed the number used was correct in emails received immediately after the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The trigger for the application was the non-payment of rent from 4 December 2024, I accept that notices in the form of texts from the landlord were sent. However, those arrears were paid by lump sum on 9 and 14 January 2025. Therefore, no arrears were owed at the date of the application.
However, no rent has been paid by Ms Wiki since 14 January 2025, S 55(1)(aa) of the Residential tenancies Act 1986 says the Tribunal shall terminate a tenancy where on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrears and on each occasion the landlord gave the tenant written notice advising the tenant of the arrears, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice.
In this case I find the landlord has served notices in the form of texts satisfying the requirements of the Act.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Anti-Social behaviour
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
The landlord has provided emails from other tenants and body corporate members which refer to numerous allegations of loud music, drunken and intimidating behaviour, police attendances, and noise complaints by the tenant and her guests. These emails appear to show at least 8 instances of such behaviours dating back to June 2024.
The landlord also applied for termination on the basis of anti-social behaviour. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; v. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
While he referred to them the landlord did not provide evidence of notices meeting the requirements of the Act for termination. Emails show that on 2 instances in June and November the issues were raised with the tenant, however, these do not meet the requirements of the Act. Therefore, I cannot terminate on this basis, but noting that termination for rent arrears is made out.

Tenancy Tribunal case 5137728 — Rent arrears at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5137728 — Rent arrears at Unit/Flat 5, 99 Waiwhetu Road, Waterloo, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions