What was the outcome of Tenancy Tribunal case 5257221?

The tribunal order states: Juan Pablo Murillo Correa and Mirjana Traverso Fernandez must pay Parklane

How much money was awarded in case 5257221?

Filing Fee: $27.00 awarded to landlord; Paid By Tenants: $2,435.80 awarded to landlord

What type of tenancy dispute was case 5257221?

The dispute type was not classified.

Where can I read the official tribunal order for case 5257221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12300177-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5257221?

The tribunal order states: Juan Pablo Murillo Correa and Mirjana Traverso Fernandez must pay Parklane

How much money was awarded in case 5257221?

Filing Fee: $27.00 awarded to landlord; Paid By Tenants: $2,435.80 awarded to landlord

What type of tenancy dispute was case 5257221?

The dispute type was not classified.

Where can I read the official tribunal order for case 5257221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12300177-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 237 Edmonton Road, Te Atatu South, Tenancy Tribunal Case 5257221 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5257221 — net $2,462.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
paid by tenants	$2,435.80	paid by tenants
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,462.80
Total payable by Tenant to Landlord	$2,462.80

Both parties attended the hearing which was held by video conference. Sandra Trotman appeared for the landlord.

This tenancy ended on 25 May 2025 after the landlord issued a 90-day notice on 24 February 2025 on the basis that they were placing the property on the market for sale. The landlord’s claim

The landlord has applied for rent arrears that remains outstanding.

The landlord said that rent was in arrears in the amount of $4,166.14 at the end of the tenancy. They say that the bond of $2,640 has already been released to the landlord to cover a portion of the rent arrears ($1,675.54) and compensation for outstanding water ($63.21), rubbish removal ($776.25) and lawnmowing ($180.00).

The landlord provided rent summaries and details of all amounts.

After payments of these amounts there was a balance owing for rent arrears in the amount of $2,490.60. The landlord wrote to the tenant advising all of the amounts that would be deducted from the bond and confirmed that the outstanding balance would be $2,485.80 (this is slightly less than the balance owing but the landlord accepts and only claims this amount). The landlord produced a copy of this email dated 30 May 2025.

The landlord said that the tenant accepted their costs, the bond was refunded, and the tenant agreed to pay the balance of the rent owing by making payments of $50.00 per week. The landlord produced an email from the tenants dated 6 June 2025 in response to the landlord’s email stating: “I would like to propose a payment plan to settle this amount. I can commit to making weekly payments of $50 until the debt is paid in full I would like to begin with the first payment on the upcoming Friday, June 13, 2025”

The landlord says that they only received one payment, on 13 June 2025, and so they are now claiming the balance owed ($4,435.80).

The tenants said that they did not dispute the amounts claimed by the landlord but considered that they were not liable to pay because they did not enter into any formal agreement with the landlord for payment.

I have reviewed all of the documents carefully and am satisfied that the amount claimed by the landlord is the balance owing for rent. The bond had been released to the landlord to satisfy some of the debt and the parties had reached an agreement as to how the balance would be paid.

The landlord’s claim is proved. The tenants’ claims

The tenants have applied for refund of their bond, compensation for financial loss, cancellation of any alleged arrears, compensation for stress and anxiety and any other compensation for unjust enrichment.

The tenants said that Mr Correa has been suffering from health issues and that the impact of the loss of his income has been severe. He said that they had to move to emergency housing and are now in social housing.

The tenants said that: a. The landlord had breached their right to quiet enjoyment (section 38 RTA) because the landlord had served them with breach notices when they were in arrears, knowing that they were in financial difficulty; b. The landlord disposed of their belongings contrary the provisions for disposal of items under the RTA; c. WINZ declined rent arrears support as the landlord was not likely to continue the tenancy (as they had issued a 90 day notice); and d. Compensation for unjust enrichment as the landlord benefited from the property sale after the forced termination.

The landlord expressed sympathy for the position the tenant’s found themselves in. Ms Trotman said that she and another property manager cleaned the property themselves so that the tenant would not be charged for cleaning following the tenancy. In relation to the tenants’ claims she said: a. They have an obligation to notify the tenants when the rent is in arrears and did so in the usual way using the standard forms; b. That they disposed of the tenant’s belongings as they were the items that the tenants did not want to take with them and after the tenants confirmed that they could dispose of them (evidence of messages produced); c. That the landlord has no control over whether WINZ will provide rent arrears support and that the landlord legitimately issued the 90 day notice as they were placing the property on the market for sale (evidence produced); d. The landlord legitimately terminated the tenancy and there is not basis on which to make any award of compensation to the tenant due to the sale of the property.

While I also sympathise with the tenants’ position, I do not consider that they have a claim against the landlord. The landlord terminated the tenancy in accordance with the provisions of the Residential Tenancies Act 1986 and disposed of the tenant’s rubbish after receiving confirmation that they could do so. The landlord is entitled to enforce their legal rent to seek monies owing to them at the end of the tenancy.

The tenants’ claims are therefore dismissed.

Because Parklane Real Estate Limited – Trading as Ray White Swanson has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5257221 — net $2,462.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
paid by tenants	$2,435.80	paid by tenants
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,462.80
Total payable by Tenant to Landlord	$2,462.80

Both parties attended the hearing which was held by video conference. Sandra Trotman appeared for the landlord.

This tenancy ended on 25 May 2025 after the landlord issued a 90-day notice on 24 February 2025 on the basis that they were placing the property on the market for sale. The landlord’s claim

The landlord has applied for rent arrears that remains outstanding.

The landlord provided rent summaries and details of all amounts.

The landlord says that they only received one payment, on 13 June 2025, and so they are now claiming the balance owed ($4,435.80).

The landlord’s claim is proved. The tenants’ claims

The tenants’ claims are therefore dismissed.

Because Parklane Real Estate Limited – Trading as Ray White Swanson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5257221 — Tenancy dispute at Unit/Flat Flat 3, 237 Edmonton Road, Te Atatu South,

At a glance

Tenancy Tribunal case 5257221 — Tenancy dispute at Unit/Flat Flat 3, 237 Edmonton Road, Te Atatu South,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions