What was the outcome of Tenancy Tribunal case 5280101?

The tribunal order states: The tenancy of Foloto Atelea Tangatailoa and Ana Finau Tangatailoa at 18

How much money was awarded in case 5280101?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Water Rates: $61.50 awarded to landlord

What type of tenancy dispute was case 5280101?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081729-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5280101?

The tribunal order states: The tenancy of Foloto Atelea Tangatailoa and Ana Finau Tangatailoa at 18

How much money was awarded in case 5280101?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Water Rates: $61.50 awarded to landlord

What type of tenancy dispute was case 5280101?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081729-Tenancy_Tribunal_Order.pdf.

18 Harford Place, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 5280101 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5280101 — net $2,788.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 July 2025	$4,100.00	Rent arrears to 7 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$61.50	Water rates
Net award	$2,788.50
Total payable by Tenant to Landlord	$2,788.50

The tenancy of Foloto Atelea Tangatailoa and Ana Finau Tangatailoa at 18 Harford Place, Pakuranga Heights, Auckland 2010 is terminated, and possession is granted to Kaso Property Management Limited As The Agent For Kaushal Dhar, at 12pm, on Wednesday, 16 July 2025.

The Bond Centre is to release the bond of $1,400.00 (BN-00073981) to Kaso Property Management Limited As The Agent For Kaushal Dhar immediately upon receipt of the requisite forms with a copy of this order.

Foloto Atelea Tangatailoa and Ana Finau Tangatailoa must immediately pay $2,788.50 to Kaso Property Management Limited As The Agent For Kaushal Dhar, being rental arrears, water rates, and reimbursement of the applicant’s filing fee, calculated as shown in the table below:

Reasons

The applicant (landlord) attended the phone hearing, as did one of the respondents, tenant Mr Foloto Atelea Tangatailoa. The other respondent and tenant Mrs Ana Finau Tangatailoa did not answer when called. Notwithstanding Mr Tangatailoa’s offer to proceed and update Mrs Tangatailoa later, the hearing proceeded in her absence given she was properly served and the Tribunal’s obligation to deal with matters expeditiously.

The landlord acknowledged that the tenants were generally reliable, and whilst had great sympathy for their financial situation. However, the owner could no longer sustain this tenancy due to continued arrears and financial burden.

The landlord therefore applied for termination of the tenancy, possession of the premises, payment of outstanding rent arrears and water rates, refund of the bond, and reimbursement of the filing fee. Rent and water arrears

The landlord provided rent records and water invoices that prove the amounts owing and sought.

Mr Tangatailoa did not dispute those amounts.

Should the tenancy be terminated?

As rent was 21 days in arrears on the date the landlord’s application was filed, tenancy is mandatory under section 55(1)(a) Residential Tenancies Act 1986.

Mr Tangatailoa outlined, and the landlord did not dispute, genuine financial hardship. I thank him again for the vulnerability and honesty he shared in trying to avoid termination of the tenancy. He sought further time to pay the arrears.

Whilst sympathetic, the landlord was not willing to agree to a conditional termination given: a. Previous informal and formal opportunities already extended and failed repayment plans, including a previous conditional termination, yet significant arrears remained and continued to accrue; b. Previous assistance by the landlords to the tenants to seek WINZ assistance but uncertainties around what financial support was available, or relevant reasons it may not be; c. Whilst Mr Tangatailoa stated that he had made some recent enquiries with WINZ, his accountant, IRD for a potential but unconfirmed tax refund and had very recently secured some casual work in Taupo away from home in Auckland, there was a lack of stable ongoing income; and d. The landlord’s property management company was willing to assist the tenants in finding more affordable housing.

As was explained during the hearing, as the landlord declined to consider conditional termination again, the Tribunal has no discretion to avoid termination. Accordingly, the tenancy is terminated.

When should the landlord gain possession of the property?

The landlord applied for possession of the premises following the termination of the tenancy.

The landlord was cognisant that the tenants have a child and although wanted immediate access, it accepted some delay to this weekend to give the tenants an opportunity to organise their affairs.

Mr Tangatailoa sought two weeks in order to give his family time to move, given, including the matters he raised to try to prevent termination, he would not be paid until Wednesday but offered to keep on top of his rent until then, his family would not really be able to assist if the family were to become homeless, and in the circumstances, he would not have the funds to move into a new property. Mr Tangatailoa is currently working away from home and out of town on casual work that has been difficult to obtain.

The landlord opposed possession being granted two weeks out given the increasing costs the owners have been bearing, including from forbearing from acting sooner out of kindness.

Initially I was minded, subject to hearing from the parties, to give a week for possession. After hearing from the parties, and balancing their respective interests, possession is granted at 12pm, Wednesday, 16 July 2025 to best accommodate their competing needs in the circumstances. Refund of the bond

Given termination and the arrears, the landlord seeks release of the full bond amount to offset the debts owed.

That is appropriate to order here. Reimbursement of filing fee

Because Kaso Property Management Limited As The Agent For Kaushal Dhar has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5280101 — net $2,788.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 July 2025	$4,100.00	Rent arrears to 7 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$61.50	Water rates
Net award	$2,788.50
Total payable by Tenant to Landlord	$2,788.50

Order

The tenancy of Foloto Atelea Tangatailoa and Ana Finau Tangatailoa at 18 Harford Place, Pakuranga Heights, Auckland 2010 is terminated, and possession is granted to Kaso Property Management Limited As The Agent For Kaushal Dhar, at 12pm, on Wednesday, 16 July 2025.
The Bond Centre is to release the bond of $1,400.00 (BN-00073981) to Kaso Property Management Limited As The Agent For Kaushal Dhar immediately upon receipt of the requisite forms with a copy of this order.
Foloto Atelea Tangatailoa and Ana Finau Tangatailoa must immediately pay $2,788.50 to Kaso Property Management Limited As The Agent For Kaushal Dhar, being rental arrears, water rates, and reimbursement of the applicant’s filing fee, calculated as shown in the table below:

Reasons

The applicant (landlord) attended the phone hearing, as did one of the respondents, tenant Mr Foloto Atelea Tangatailoa. The other respondent and tenant Mrs Ana Finau Tangatailoa did not answer when called. Notwithstanding Mr Tangatailoa’s offer to proceed and update Mrs Tangatailoa later, the hearing proceeded in her absence given she was properly served and the Tribunal’s obligation to deal with matters expeditiously.
The landlord acknowledged that the tenants were generally reliable, and whilst had great sympathy for their financial situation. However, the owner could no longer sustain this tenancy due to continued arrears and financial burden.
The landlord therefore applied for termination of the tenancy, possession of the premises, payment of outstanding rent arrears and water rates, refund of the bond, and reimbursement of the filing fee. Rent and water arrears
The landlord provided rent records and water invoices that prove the amounts owing and sought.
Mr Tangatailoa did not dispute those amounts.

Should the tenancy be terminated?

As rent was 21 days in arrears on the date the landlord’s application was filed, tenancy is mandatory under section 55(1)(a) Residential Tenancies Act 1986.
Mr Tangatailoa outlined, and the landlord did not dispute, genuine financial hardship. I thank him again for the vulnerability and honesty he shared in trying to avoid termination of the tenancy. He sought further time to pay the arrears.
Whilst sympathetic, the landlord was not willing to agree to a conditional termination given: a. Previous informal and formal opportunities already extended and failed repayment plans, including a previous conditional termination, yet significant arrears remained and continued to accrue; b. Previous assistance by the landlords to the tenants to seek WINZ assistance but uncertainties around what financial support was available, or relevant reasons it may not be; c. Whilst Mr Tangatailoa stated that he had made some recent enquiries with WINZ, his accountant, IRD for a potential but unconfirmed tax refund and had very recently secured some casual work in Taupo away from home in Auckland, there was a lack of stable ongoing income; and d. The landlord’s property management company was willing to assist the tenants in finding more affordable housing.
As was explained during the hearing, as the landlord declined to consider conditional termination again, the Tribunal has no discretion to avoid termination. Accordingly, the tenancy is terminated.

When should the landlord gain possession of the property?

The landlord applied for possession of the premises following the termination of the tenancy.
The landlord was cognisant that the tenants have a child and although wanted immediate access, it accepted some delay to this weekend to give the tenants an opportunity to organise their affairs.
Mr Tangatailoa sought two weeks in order to give his family time to move, given, including the matters he raised to try to prevent termination, he would not be paid until Wednesday but offered to keep on top of his rent until then, his family would not really be able to assist if the family were to become homeless, and in the circumstances, he would not have the funds to move into a new property. Mr Tangatailoa is currently working away from home and out of town on casual work that has been difficult to obtain.
The landlord opposed possession being granted two weeks out given the increasing costs the owners have been bearing, including from forbearing from acting sooner out of kindness.
Initially I was minded, subject to hearing from the parties, to give a week for possession. After hearing from the parties, and balancing their respective interests, possession is granted at 12pm, Wednesday, 16 July 2025 to best accommodate their competing needs in the circumstances. Refund of the bond
Given termination and the arrears, the landlord seeks release of the full bond amount to offset the debts owed.
That is appropriate to order here. Reimbursement of filing fee
Because Kaso Property Management Limited As The Agent For Kaushal Dhar has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5280101 — Rent arrears at 18 Harford Place, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 5280101 — Rent arrears at 18 Harford Place, Pakuranga Heights, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

When should the landlord gain possession of the property?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

When should the landlord gain possession of the property?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions