What was the outcome of Tenancy Tribunal case 5480253?

The tribunal order states: Ursula Wharekawa must pay Impression Real Estate Limited As Agent For

How much money was awarded in case 5480253?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $220.00 awarded to landlord

What type of tenancy dispute was case 5480253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5480253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13754371-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5480253?

The tribunal order states: Ursula Wharekawa must pay Impression Real Estate Limited As Agent For

How much money was awarded in case 5480253?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $220.00 awarded to landlord

What type of tenancy dispute was case 5480253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5480253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13754371-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 303, 37 Symonds Street, Grafton, Auckland Tenancy Tribunal Case 5480253 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5480253 — net $248.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 June 2026	$220.00	Rent arrears (to 16 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$248.00
Total payable by Tenant to Landlord	$248.00

Ursula Wharekawa must pay Impression Real Estate Limited As Agent For Toby John Yurjevic, Elizabeth Jane Yurjevic-Meyer And Marin Visko Matulovic As Trustees Of The Ski No2 Family Trust $248.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 16 June 2026)$220.00 Filing fee reimbursement$28.00 Total award$248.00 Total payable by Tenant to Landlord$248.00

The Landlord’s other claims are dismissed.

Reasons

A representative of the landlord attended the hearing.

The tenant did not attend the hearing. I made two calls to her mobile phone number during the hearing, both calls went straight to voicemail.

The landlord has applied for termination of the tenancy, rent arrears, water rates and reimbursement of the Tribunal application fee.

The landlord has provided a rent summary which proves that $220 is owing for rent as at the date of hearing.

The landlord also claimed water rates of $120.71. The invoice provided in support of that claim includes fixed charges as well as consumption charges. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges. More significantly, the landlord generated a report during the hearing which showed that the tenant has paid the amount claimed on this invoice. Other water rates invoices might be outstanding, but no claim has been made in respect of those, and no evidence provided. The claim for water rates is dismissed.

Should the tenancy be terminated?

The landlord also applied for termination of the tenancy.

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent when it falls due.

The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period. However, she has taken steps to remedy the breach. The amount outstanding is now $220. That amount would not justify ending the tenancy. However, the tenant is on notice that her tenancy is at risk. Her payments have been sporadic. If she continues to fall in and out of arrears and the landlord makes another application for termination, that application may well be successful.

The landlord also noted that the Tenant regularly falls into modest arrears to support its application for termination. However, the landlord did not provide evidence that it has issued recidivist rent arrears notices under section 55(1)(aa) Residential Tenancies Act 1986.

The application form states that the rent was 21 days in arrears at the date of the application. See section 55(1)(a) Residential Tenancies Act 1986. The evidence does not establish that. Rent summaries show that rent was 14 days in arrears at the date of the application. I also note that the rent was not 21 days in arrears at the date of hearing. See s56(2) Residential Tenancies Act 1986.

The application for termination is dismissed. The landlord has not established any of the grounds for termination for rent arrears.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. The landlord was not substantially successful with its application, so I have declined its request for suppression of its details.

Claims and awards in Tenancy Tribunal application 5480253 — net $248.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 June 2026	$220.00	Rent arrears (to 16 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$248.00
Total payable by Tenant to Landlord	$248.00

Order

Ursula Wharekawa must pay Impression Real Estate Limited As Agent For Toby John Yurjevic, Elizabeth Jane Yurjevic-Meyer And Marin Visko Matulovic As Trustees Of The Ski No2 Family Trust $248.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 16 June 2026)$220.00 Filing fee reimbursement$28.00 Total award$248.00 Total payable by Tenant to Landlord$248.00
The Landlord’s other claims are dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenant did not attend the hearing. I made two calls to her mobile phone number during the hearing, both calls went straight to voicemail.
The landlord has applied for termination of the tenancy, rent arrears, water rates and reimbursement of the Tribunal application fee.
The landlord has provided a rent summary which proves that $220 is owing for rent as at the date of hearing.
The landlord also claimed water rates of $120.71. The invoice provided in support of that claim includes fixed charges as well as consumption charges. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges. More significantly, the landlord generated a report during the hearing which showed that the tenant has paid the amount claimed on this invoice. Other water rates invoices might be outstanding, but no claim has been made in respect of those, and no evidence provided. The claim for water rates is dismissed.

Should the tenancy be terminated?

The landlord also applied for termination of the tenancy.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent when it falls due.
The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period. However, she has taken steps to remedy the breach. The amount outstanding is now $220. That amount would not justify ending the tenancy. However, the tenant is on notice that her tenancy is at risk. Her payments have been sporadic. If she continues to fall in and out of arrears and the landlord makes another application for termination, that application may well be successful.
The landlord also noted that the Tenant regularly falls into modest arrears to support its application for termination. However, the landlord did not provide evidence that it has issued recidivist rent arrears notices under section 55(1)(aa) Residential Tenancies Act 1986.
The application form states that the rent was 21 days in arrears at the date of the application. See section 55(1)(a) Residential Tenancies Act 1986. The evidence does not establish that. Rent summaries show that rent was 14 days in arrears at the date of the application. I also note that the rent was not 21 days in arrears at the date of hearing. See s56(2) Residential Tenancies Act 1986.
The application for termination is dismissed. The landlord has not established any of the grounds for termination for rent arrears.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. The landlord was not substantially successful with its application, so I have declined its request for suppression of its details.

Tenancy Tribunal case 5480253 — Rent arrears at Unit/Flat Flat 303, 37 Symonds Street, Grafton, Auckland

At a glance

Tenancy Tribunal case 5480253 — Rent arrears at Unit/Flat Flat 303, 37 Symonds Street, Grafton, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions