What was the outcome of Tenancy Tribunal case 5250581?

The tribunal order states: The tenancy of Michael Adams and Patricia Talona Lemalu at 3 Vina Place,

How much money was awarded in case 5250581?

Rent Arrears: $3,895.96 awarded to landlord; Water Rates: $679.55 awarded to landlord

What type of tenancy dispute was case 5250581?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5250581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026331-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5250581?

The tribunal order states: The tenancy of Michael Adams and Patricia Talona Lemalu at 3 Vina Place,

How much money was awarded in case 5250581?

Rent Arrears: $3,895.96 awarded to landlord; Water Rates: $679.55 awarded to landlord

What type of tenancy dispute was case 5250581?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5250581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026331-Tenancy_Tribunal_Order.pdf.

3 Vina Place, Massey, Auckland 0614 Tenancy Tribunal Case 5250581 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5250581 — net $2,775.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,895.96	Rent arrears
Water rates	$679.55	Water rates
Net award	$2,775.51
Total payable by Tenant to Landlord	$2,775.51

The tenancy of Michael Adams and Patricia Talona Lemalu at 3 Vina Place, Massey, Auckland 0614 is terminated, and immediate possession as of 25 June 2025 is granted to Alpha Property Management 2015 Limited As Agent For Gurnek Singh.

Alpha Property Management 2015 Limited As Agent For Gurnek Singh is authorised to retain the bond of $1,800.00 paid by the tenants, which has not yet been lodged with the Bond Centre.

The tenants Michael Adams and Patricia Talona Lemalu must immediately pay Alpha Property Management 2015 Limited As Agent For Gurnek Singh the sum of $2,881.47 in outstanding rent and water charges accrued up to 25 June 2025, as detailed in the table below:

Reasons

The Applicant attended the hearing on 25 June 2025; however, neither Respondent, who are named as tenants on the tenancy agreement, appeared despite attempted phone contact. The Applicant’s representative confirmed that he had recently spoken to the tenants, who stated they were unemployed, not receiving WINZ benefits, and were upset about the application before the Tribunal. Their email and mobile contact details were verified. As the tenants were properly served and appeared to be aware of the hearing, the matter proceeded in their absence.

The Applicant sought immediate termination of the tenancy and possession of the premises due to the tenants’ breach of obligations—namely, the failure to pay rent and water charges. The landlord also applied to retain the bond paid by the tenants. Amounts owed by the tenants

The landlord submitted rent records and copies of water bills, which support and substantiate the amounts ordered.

At the hearing, the Applicant’s representative claimed outstanding water rates of $785.51. However, as he did not provide supporting documentation at the time, he was requested to submit it after the hearing. Based on the water records subsequently submitted to the Registry on 26 June 2025, the actual amount owing is $679.55. Bond

The Applicant’s representative stated that the tenants paid a four-week bond totalling $1,600.00. However, the bond was not lodged with the Bond Centre, allegedly because the tenants failed to sign the necessary documentation despite repeated requests.

The landlord seeks to retain the bond to offset the arrears, and this is ordered accordingly.

Should the tenancy be terminated?

Under section 56(1) of the Residential Tenancies Act 1986, the Tribunal may terminate a tenancy for breach where, considering the nature or extent of the breach, it would be inequitable not to do so.

Where the breach is capable of being remedied, the landlord must first issue a 14-day notice to the tenant requiring them to remedy the breach and must prove that the tenant has failed to do so.

In this case, the tenants have breached their obligations by failing to pay rent and water charges.

The landlord issued a 14-day notice on 31 March 2025. The tenants did not remedy the breach within the required timeframe.

It would be inequitable to decline termination in this instance, as rent arrears alone amount to nearly 13 weeks with no indication of payment or arrangement being made. Water rates also continue to accumulate.

Under sections 55 and 56(2) of the Residential Tenancies Act 1986, where rent is more than 21 days in arrears at the hearing date and the landlord applies to terminate for breach, the Tribunal must terminate the tenancy.

As rent was over 21 days in arrears at the date of the application and hearing, the tenancy is terminated under both sections 55 and 56 of the Residential Tenancies Act 1986. Possession

The Applicant also applied for immediate possession of the premises following termination of the tenancy.

This is appropriate and is therefore ordered.

The Applicant’s representative made enquiries regarding debt collection and enforcement of this Order. They are referred to the guidance at the end of this decision and to publicly available resources on the Ministry of Justice and Tenancy Tribunal websites. Reimbursement of filing fee

When asked whether any additional orders were sought, the Applicant confirmed that no further orders were requested. As reimbursement of the filing fee was not specifically sought, no order is made in respect of it.

Claims and awards in Tenancy Tribunal application 5250581 — net $2,775.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,895.96	Rent arrears
Water rates	$679.55	Water rates
Net award	$2,775.51
Total payable by Tenant to Landlord	$2,775.51

Order

The tenancy of Michael Adams and Patricia Talona Lemalu at 3 Vina Place, Massey, Auckland 0614 is terminated, and immediate possession as of 25 June 2025 is granted to Alpha Property Management 2015 Limited As Agent For Gurnek Singh.
Alpha Property Management 2015 Limited As Agent For Gurnek Singh is authorised to retain the bond of $1,800.00 paid by the tenants, which has not yet been lodged with the Bond Centre.
The tenants Michael Adams and Patricia Talona Lemalu must immediately pay Alpha Property Management 2015 Limited As Agent For Gurnek Singh the sum of $2,881.47 in outstanding rent and water charges accrued up to 25 June 2025, as detailed in the table below:

Reasons

The Applicant attended the hearing on 25 June 2025; however, neither Respondent, who are named as tenants on the tenancy agreement, appeared despite attempted phone contact. The Applicant’s representative confirmed that he had recently spoken to the tenants, who stated they were unemployed, not receiving WINZ benefits, and were upset about the application before the Tribunal. Their email and mobile contact details were verified. As the tenants were properly served and appeared to be aware of the hearing, the matter proceeded in their absence.
The Applicant sought immediate termination of the tenancy and possession of the premises due to the tenants’ breach of obligations—namely, the failure to pay rent and water charges. The landlord also applied to retain the bond paid by the tenants. Amounts owed by the tenants
The landlord submitted rent records and copies of water bills, which support and substantiate the amounts ordered.
At the hearing, the Applicant’s representative claimed outstanding water rates of $785.51. However, as he did not provide supporting documentation at the time, he was requested to submit it after the hearing. Based on the water records subsequently submitted to the Registry on 26 June 2025, the actual amount owing is $679.55. Bond
The Applicant’s representative stated that the tenants paid a four-week bond totalling $1,600.00. However, the bond was not lodged with the Bond Centre, allegedly because the tenants failed to sign the necessary documentation despite repeated requests.
The landlord seeks to retain the bond to offset the arrears, and this is ordered accordingly.

Should the tenancy be terminated?

Under section 56(1) of the Residential Tenancies Act 1986, the Tribunal may terminate a tenancy for breach where, considering the nature or extent of the breach, it would be inequitable not to do so.
Where the breach is capable of being remedied, the landlord must first issue a 14-day notice to the tenant requiring them to remedy the breach and must prove that the tenant has failed to do so.
In this case, the tenants have breached their obligations by failing to pay rent and water charges.
The landlord issued a 14-day notice on 31 March 2025. The tenants did not remedy the breach within the required timeframe.
It would be inequitable to decline termination in this instance, as rent arrears alone amount to nearly 13 weeks with no indication of payment or arrangement being made. Water rates also continue to accumulate.
Under sections 55 and 56(2) of the Residential Tenancies Act 1986, where rent is more than 21 days in arrears at the hearing date and the landlord applies to terminate for breach, the Tribunal must terminate the tenancy.
As rent was over 21 days in arrears at the date of the application and hearing, the tenancy is terminated under both sections 55 and 56 of the Residential Tenancies Act 1986. Possession
The Applicant also applied for immediate possession of the premises following termination of the tenancy.
This is appropriate and is therefore ordered.
The Applicant’s representative made enquiries regarding debt collection and enforcement of this Order. They are referred to the guidance at the end of this decision and to publicly available resources on the Ministry of Justice and Tenancy Tribunal websites. Reimbursement of filing fee
When asked whether any additional orders were sought, the Applicant confirmed that no further orders were requested. As reimbursement of the filing fee was not specifically sought, no order is made in respect of it.

Tenancy Tribunal case 5250581 — Rent arrears at 3 Vina Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5250581 — Rent arrears at 3 Vina Place, Massey, Auckland 0614

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