What was the outcome of Tenancy Tribunal case 5274061?

The tribunal order states: Peni Maka Fatai and Toakase Fatai owes Pro Management (Auckland) Limited

How much money was awarded in case 5274061?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,207.14 awarded to landlord

What type of tenancy dispute was case 5274061?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12042593-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5274061?

The tribunal order states: Peni Maka Fatai and Toakase Fatai owes Pro Management (Auckland) Limited

How much money was awarded in case 5274061?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,207.14 awarded to landlord

What type of tenancy dispute was case 5274061?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12042593-Tenancy_Tribunal_Order.pdf.

80N Tirimoana Road, Te Atatu South, Auckland 0602 Tenancy Tribunal Case 5274061 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5274061 — net $8,234.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 June 2025	$8,207.14	Rent arrears (to 27 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,234.14
Total payable by Tenant to Landlord	$8,234.14

Peni Maka Fatai and Toakase Fatai owes Pro Management (Auckland) Limited as Agent for Chunxue Zhang $8,234.14 (“the debt”) (to 27 June 2025) as calculated below:

Peni Maka Fatai and Toakase Fatai must pay rent and the debt as follows: a. By alternating fortnightly payments as follows: a. Week one: payments of $700.00, being $450.00 for rent and $250.00 for rent arrears, commencing Thursday 3 July 2025. b. Week two: payments of $450.00 for rent commencing, Thursday 10 July 2025. c. Payments are to continue on an alternating fortnightly basis until the debt is cleared.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenant at 80N Tirimoana Road, Te Atatu South, Auckland, 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

When the debt has been paid in full the conditional termination order will lapse.

Reasons

The hearing proceeded by way of video conference. Mr Zhang, Property Manager, appeared for the landlord. The tenants were joined to the hearing by telephone.

The tenancy commenced on 22 September 2018 with the fixed term ending on 21 September 2019, thereafter the tenancy became periodic.

On 27 May 2025, the landlord filed an application with the Tribunal for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement provisions of the Act. Rent arrears

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears. Decision

The landlord provided up to date rent records that prove the amount owed. The tenant took no issue with the records.

At the date of filing the tenant’s rent arrears totalled $8457.14. The tenant was more than 21 days in rent arrears. At the date of hearing the tenant’s rent arrears totalled $8207.14.

There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing, despite the extend of the rent arrears, the Landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.

Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.

The tenants advise that they are now able to pay their rent and rent arrears. One of the tenants said they are working two jobs, seven days a week. The other tenant is looking for work. The tenants said they can pay their rent and rent arrears under a conditional termination order.

In this case the tenants have expressed a willingness to resolve the arrears and have agreed a payment plan with the landlord. After a discussion, the landlord and tenant agreed that the tenant would make alternating fortnightly payments as follows – week one: $700.00, made up of $450.00 rent and $250.00 and week two: $450.00 rent. The alternating fortnightly payments for week one would commence Thursday 3 July 2025 and alternating fortnightly payments for week two would commence on Thursday 10 July 2025. This alternating weekly payment will continue until the outstanding debt is cleared.

The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) of the Act. Costs

Because Pro Management (Auckland) Limited as agents for Chunxue Zhang has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5274061 — net $8,234.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 June 2025	$8,207.14	Rent arrears (to 27 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,234.14
Total payable by Tenant to Landlord	$8,234.14

Order

Peni Maka Fatai and Toakase Fatai owes Pro Management (Auckland) Limited as Agent for Chunxue Zhang $8,234.14 (“the debt”) (to 27 June 2025) as calculated below:
Peni Maka Fatai and Toakase Fatai must pay rent and the debt as follows: a. By alternating fortnightly payments as follows: a. Week one: payments of $700.00, being $450.00 for rent and $250.00 for rent arrears, commencing Thursday 3 July 2025. b. Week two: payments of $450.00 for rent commencing, Thursday 10 July 2025. c. Payments are to continue on an alternating fortnightly basis until the debt is cleared.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenant at 80N Tirimoana Road, Te Atatu South, Auckland, 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
When the debt has been paid in full the conditional termination order will lapse.

Reasons

The hearing proceeded by way of video conference. Mr Zhang, Property Manager, appeared for the landlord. The tenants were joined to the hearing by telephone.
The tenancy commenced on 22 September 2018 with the fixed term ending on 21 September 2019, thereafter the tenancy became periodic.
On 27 May 2025, the landlord filed an application with the Tribunal for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement provisions of the Act. Rent arrears
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears. Decision
The landlord provided up to date rent records that prove the amount owed. The tenant took no issue with the records.
At the date of filing the tenant’s rent arrears totalled $8457.14. The tenant was more than 21 days in rent arrears. At the date of hearing the tenant’s rent arrears totalled $8207.14.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing, despite the extend of the rent arrears, the Landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.
The tenants advise that they are now able to pay their rent and rent arrears. One of the tenants said they are working two jobs, seven days a week. The other tenant is looking for work. The tenants said they can pay their rent and rent arrears under a conditional termination order.
In this case the tenants have expressed a willingness to resolve the arrears and have agreed a payment plan with the landlord. After a discussion, the landlord and tenant agreed that the tenant would make alternating fortnightly payments as follows – week one: $700.00, made up of $450.00 rent and $250.00 and week two: $450.00 rent. The alternating fortnightly payments for week one would commence Thursday 3 July 2025 and alternating fortnightly payments for week two would commence on Thursday 10 July 2025. This alternating weekly payment will continue until the outstanding debt is cleared.
The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) of the Act. Costs
Because Pro Management (Auckland) Limited as agents for Chunxue Zhang has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5274061 — Rent arrears at 80N Tirimoana Road, Te Atatu South, Auckland 0602

At a glance

Tenancy Tribunal case 5274061 — Rent arrears at 80N Tirimoana Road, Te Atatu South, Auckland 0602

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