What was the outcome of Tenancy Tribunal case 4544330?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4544330?

Filing Fee: $20.44 awarded to landlord; Less Amount Agreed To Be Paid By Mr…: $5,000.00 awarded to tenant; Rent Owed: $15,042.85 awarded to landlord

What type of tenancy dispute was case 4544330?

The dispute type was not classified.

Where can I read the official tribunal order for case 4544330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238223-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4544330?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4544330?

Filing Fee: $20.44 awarded to landlord; Less Amount Agreed To Be Paid By Mr…: $5,000.00 awarded to tenant; Rent Owed: $15,042.85 awarded to landlord

What type of tenancy dispute was case 4544330?

The dispute type was not classified.

Where can I read the official tribunal order for case 4544330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9238223-Tribunal_Order.pdf.

7 Vista Place, Huntsbury, Christchurch 8022 Tenancy Tribunal Case 4544330 — Tenancy dispute

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7 Vista Place, Huntsbury, Christchurch 8022 Tenancy Tribunal Case 4544330 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4544330 — net $7,363.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 3 August 2023	$15,042.85		Rent owed to 3 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less amount agreed to be paid by Mr Hilbers		$5,000.00	Less amount agreed to be paid by Mr Hilbers
Total award	$15,063.29	$5,000.00
Net award	$7,363.29
Total payable by Tenant to Landlord	$7,363.29

Claims and awards for application 4544330 — net $7,363.29 NZD. Verify on MoJ.

Rent owed to 3 August 2023

Amount: $15,042.85
Awarded to: Landlord
Reason: Rent owed to 3 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Less amount agreed to be paid by Mr Hilbers

Amount: $5,000.00
Awarded to: Tenant
Reason: Less amount agreed to be paid by Mr Hilbers

Total award

Landlord $15,063.29 · Tenant $5,000.00

Net award

Landlord $7,363.29

Total payable by Tenant to Landlord

Landlord $7,363.29

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Rachel Anne Cox at 7 Vista Place, Huntsbury, Christchurch 8022 is terminated, and possession is granted to Diane Astle Realty Limited As Agent For David Sturrock, at 11.59pm on Thursday 3 August 2023.
The Bond Centre is to pay the bond of $2,700.00 (3035998-003) to Diane Astle Realty Limited As Agent For David Sturrock immediately.
Rachel Anne Cox must pay Diane Astle Realty Limited As Agent For David Sturrock $7,363.29 immediately, calculated as shown in the table below:

Reasons

Ms Astle and Mr Sturrock attended the hearing. Ms Cox was telephoned but she did not answer the call. Her answer message confirmed I had called the correct number for Ms Cox. The hearing went ahead with the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy, on 3 August 2023.
I note that two tenants signed the tenancy agreement. At the first hearing Ms Cox said they separated during the tenancy, and that Mr Sturrock and her ex partner had some agreement about who would be paying the rent arrears. The first hearing was adjourned for more information because Mr Sturrock was not at the first hearing.
I have since been provided with a statement signed by the ex partner that there was an agreement with Mr Sturrock that he would no longer be a tenant from March 2023, and he would pay Mr Sturrock $5000. I have allowed for this private arrangement in the rent arrears calculation.
Given this information I find I should make orders against Ms Cox.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4544330 — net $7,363.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 3 August 2023	$15,042.85		Rent owed to 3 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less amount agreed to be paid by Mr Hilbers		$5,000.00	Less amount agreed to be paid by Mr Hilbers
Total award	$15,063.29	$5,000.00
Net award	$7,363.29
Total payable by Tenant to Landlord	$7,363.29

Claims and awards for application 4544330 — net $7,363.29 NZD. Verify on MoJ.

Rent owed to 3 August 2023

Amount: $15,042.85
Awarded to: Landlord
Reason: Rent owed to 3 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Less amount agreed to be paid by Mr Hilbers

Amount: $5,000.00
Awarded to: Tenant
Reason: Less amount agreed to be paid by Mr Hilbers

Total award

Landlord $15,063.29 · Tenant $5,000.00

Net award

Landlord $7,363.29

Total payable by Tenant to Landlord

Landlord $7,363.29

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Rachel Anne Cox at 7 Vista Place, Huntsbury, Christchurch 8022 is terminated, and possession is granted to Diane Astle Realty Limited As Agent For David Sturrock, at 11.59pm on Thursday 3 August 2023.
The Bond Centre is to pay the bond of $2,700.00 (3035998-003) to Diane Astle Realty Limited As Agent For David Sturrock immediately.
Rachel Anne Cox must pay Diane Astle Realty Limited As Agent For David Sturrock $7,363.29 immediately, calculated as shown in the table below:

Reasons

Ms Astle and Mr Sturrock attended the hearing. Ms Cox was telephoned but she did not answer the call. Her answer message confirmed I had called the correct number for Ms Cox. The hearing went ahead with the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy, on 3 August 2023.
I note that two tenants signed the tenancy agreement. At the first hearing Ms Cox said they separated during the tenancy, and that Mr Sturrock and her ex partner had some agreement about who would be paying the rent arrears. The first hearing was adjourned for more information because Mr Sturrock was not at the first hearing.
I have since been provided with a statement signed by the ex partner that there was an agreement with Mr Sturrock that he would no longer be a tenant from March 2023, and he would pay Mr Sturrock $5000. I have allowed for this private arrangement in the rent arrears calculation.
Given this information I find I should make orders against Ms Cox.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4544330 — Tenancy dispute at 7 Vista Place, Huntsbury, Christchurch 8022

At a glance

Tenancy Tribunal case 4544330 — Tenancy dispute at 7 Vista Place, Huntsbury, Christchurch 8022

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