What was the outcome of Tenancy Tribunal case 5194571?

The tribunal order states: The tenancy of Wesley Samuel and Candice Samuel at 167 Victoria Road,

How much money was awarded in case 5194571?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5194571?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5194571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12032677-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5194571?

The tribunal order states: The tenancy of Wesley Samuel and Candice Samuel at 167 Victoria Road,

How much money was awarded in case 5194571?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5194571?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5194571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12032677-Tenancy_Tribunal_Order.pdf.

167 Victoria Road, Devonport, Auckland 0624 Tenancy Tribunal Case 5194571 — Rent arrears

Order

The tenancy of Wesley Samuel and Candice Samuel at 167 Victoria Road, Devonport, Auckland 0624 is terminated, and possession is granted to The Very Little Trust (Trustees: Andrea Isobelle Jane And Katia Elizabeth Addison), at
59 pm on Thursday 3 July 2025.
Wesley Samuel and Candice Samuel must pay The Very Little Trust (Trustees: Andrea Isobelle Jane And Katia Elizabeth Addison) $28,850.00 immediately, being rent arrears to 3 July 2025.
The hearing is adjourned.
A further 270 minutes should be allowed for the next hearing of this matter, scheduled before me at Auckland District Court on the next available date.
If either party wishes to produce any further documents at the next hearing, they must no later than 10 working days before the next hearing either: a. Upload the documents to the electronic file; or b. Email the documents to aucklandmetrotenancy@justice.govt.nz and copy in the other party; or c. File and serve the documents in person with the Tenancy Tribunal at Auckland District Court.

Reasons

This is a cross application. The landlord filed their claim on 11 March 2025. The tenants filed their claim yesterday, on 25 June 2025. Despite the landlord possibly not being given a reasonable amount of time to consider and prepare a response to the tenants’ claims, the tenants’ application was joined to the landlord’s application’s hearing time for today.
Both parties attended the hearing which was held by video conference.
The landlord was represented by Andrea Jane. The tenants did not seek to join the video conference at the scheduled time. Two telephone calls to the two tenants were made at the scheduled time on the numbers provided to the Tribunal, and both calls went to answerphone. Because I am satisfied the tenants have been served notice of the hearings in accordance with the Residential Tenancies Act, 1986, and were aware of the start time of the hearing, I began the hearing in their absence at approximately 9.35 am.
At 9.50 am Mr Samuel sought to be admitted to the hearing, and he was admitted.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord stated that rent has not been paid since December 2024.
Mr Samuel explained that he was made redundant, and then a contract that he had promised was also cancelled.
Clearly Mr Samuel has endured some hardship. However, on the date of application to the Tribunal rent was approximately 83 days in arrear. Where rent is at least 21 days in arrear on the date the application was filed, the Tribunal must order termination. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing up to 3 July 2025 is $28,290.00.
The landlord raised a claim for water rates, but there has been an error in the landlord’s calculations and this claim has been set aside for now.
The next claim to be raised was the matter of damage caused by the tenants’ pets. Little more than an introduction was given to this claim.
The hearing suffered technical issues with each party “freezing” on-line. Eventually Mr Samuel dropped out of the hearing altogether and didn’t seek to be re-admitted until after the hearing had concluded. When Mr Samuel dropped out, I decided to adjourn the hearing to the next available date.
There are multiple claims involved in these applications. Each party makes submissions on each point and is active in responding to the other party’s submissions. I consider that to do justice to each of the parties’ claims and in the interests of justice and efficiency, the next part of this hearing should be face-to-face.
On the next hearing date, the Tribunal will hear the landlord’s outstanding claims regarding water rates invoices, damage cause by pets to the doors and fridge, and any other end-of-tenancy claims that the landlord raises prior to the next hearing date in accordance with the above order.
The Tribunal will also hear all of the tenants’ outstanding claims raised prior to the next hearing date in accordance with the above order.
The parties must come prepared to address all end-of-tenancy claims on this day. Information must be provided to Tenancy Services as outlined above, and the parties should bring a hardcopy of all of their supporting information.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Order

The tenancy of Wesley Samuel and Candice Samuel at 167 Victoria Road, Devonport, Auckland 0624 is terminated, and possession is granted to The Very Little Trust (Trustees: Andrea Isobelle Jane And Katia Elizabeth Addison), at
59 pm on Thursday 3 July 2025.
Wesley Samuel and Candice Samuel must pay The Very Little Trust (Trustees: Andrea Isobelle Jane And Katia Elizabeth Addison) $28,850.00 immediately, being rent arrears to 3 July 2025.
The hearing is adjourned.
A further 270 minutes should be allowed for the next hearing of this matter, scheduled before me at Auckland District Court on the next available date.
If either party wishes to produce any further documents at the next hearing, they must no later than 10 working days before the next hearing either: a. Upload the documents to the electronic file; or b. Email the documents to aucklandmetrotenancy@justice.govt.nz and copy in the other party; or c. File and serve the documents in person with the Tenancy Tribunal at Auckland District Court.

Reasons

This is a cross application. The landlord filed their claim on 11 March 2025. The tenants filed their claim yesterday, on 25 June 2025. Despite the landlord possibly not being given a reasonable amount of time to consider and prepare a response to the tenants’ claims, the tenants’ application was joined to the landlord’s application’s hearing time for today.
Both parties attended the hearing which was held by video conference.
The landlord was represented by Andrea Jane. The tenants did not seek to join the video conference at the scheduled time. Two telephone calls to the two tenants were made at the scheduled time on the numbers provided to the Tribunal, and both calls went to answerphone. Because I am satisfied the tenants have been served notice of the hearings in accordance with the Residential Tenancies Act, 1986, and were aware of the start time of the hearing, I began the hearing in their absence at approximately 9.35 am.
At 9.50 am Mr Samuel sought to be admitted to the hearing, and he was admitted.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord stated that rent has not been paid since December 2024.
Mr Samuel explained that he was made redundant, and then a contract that he had promised was also cancelled.
Clearly Mr Samuel has endured some hardship. However, on the date of application to the Tribunal rent was approximately 83 days in arrear. Where rent is at least 21 days in arrear on the date the application was filed, the Tribunal must order termination. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing up to 3 July 2025 is $28,290.00.
The landlord raised a claim for water rates, but there has been an error in the landlord’s calculations and this claim has been set aside for now.
The next claim to be raised was the matter of damage caused by the tenants’ pets. Little more than an introduction was given to this claim.
The hearing suffered technical issues with each party “freezing” on-line. Eventually Mr Samuel dropped out of the hearing altogether and didn’t seek to be re-admitted until after the hearing had concluded. When Mr Samuel dropped out, I decided to adjourn the hearing to the next available date.
There are multiple claims involved in these applications. Each party makes submissions on each point and is active in responding to the other party’s submissions. I consider that to do justice to each of the parties’ claims and in the interests of justice and efficiency, the next part of this hearing should be face-to-face.
On the next hearing date, the Tribunal will hear the landlord’s outstanding claims regarding water rates invoices, damage cause by pets to the doors and fridge, and any other end-of-tenancy claims that the landlord raises prior to the next hearing date in accordance with the above order.
The Tribunal will also hear all of the tenants’ outstanding claims raised prior to the next hearing date in accordance with the above order.
The parties must come prepared to address all end-of-tenancy claims on this day. Information must be provided to Tenancy Services as outlined above, and the parties should bring a hardcopy of all of their supporting information.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Tenancy Tribunal case 5194571 — Rent arrears at 167 Victoria Road, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 5194571 — Rent arrears at 167 Victoria Road, Devonport, Auckland 0624

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions