What was the outcome of Tenancy Tribunal case 4627332?

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

How much money was awarded in case 4627332?

Rent Arrears: $5,630.00 awarded to landlord

What type of tenancy dispute was case 4627332?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4627332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9285533-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627332?

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

How much money was awarded in case 4627332?

Rent Arrears: $5,630.00 awarded to landlord

What type of tenancy dispute was case 4627332?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4627332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9285533-Tenancy_Tribunal_Order.pdf.

67 Old Railway Rd, Kumeu, RD2, Auckland 0892 Tenancy Tribunal Case 4627332 — Rent arrears

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67 Old Railway Rd, Kumeu, RD2, Auckland 0892 Tenancy Tribunal Case 4627332 — Rent arrears | 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 4627332 — net $4,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$5,630.00	Rent arrears as at end of tenancy
Net award	$4,950.00
Total payable by Tenant to Landlord	$4,950.00

Claims and awards for application 4627332 — net $4,950.00 NZD. Verify on MoJ.

Rent arrears as at end of tenancy

Amount: $5,630.00
Awarded to: Landlord
Reason: Rent arrears as at end of tenancy

Net award

Landlord $4,950.00

Total payable by Tenant to Landlord

Landlord $4,950.00

Claim types — money lines allowed on this order

Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Dylan Graham Richards and Kushla Ann Wright at 67 Old Railway Rd, Kumeu, RD2, Auckland 0892 is terminated, and possession is granted to Lance Kenneth Williams, at 9:00am on Tuesday 15 August 2023.
The Bond Centre is to pay the bond of $680.00 (5045457-007) to Lance Kenneth Williams immediately.
Dylan Graham Richards and Kushla Ann Wright must pay Lance Kenneth Williams $4,950.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as at end of tenancy$5,630.00 Total award$5,630.00 Minus bond-$680.00 Total payable by Tenant to Landlord$4,950.00

Reasons

Both parties attended the hearing.
The landlord has applied for a termination of the tenancy on the grounds of rent arrears of $6,590.00.
The tenants agree that they owe rent arrears, but considered that it was less than the amount the landlord has claimed.
However, the landlord offered a compromise to the tenants, which reduced the rent arrears claimed to that agreed by the tenants – that amount is accordingly ordered by consent of the parties.
The question then is termination of the tenancy. Section 55 of the Residential Tenancies Act 1986 confirms that the Tribunal “shall” terminate the tenancy if the rent is more than 21 days in arrears on the date the application for termination is filed with the Tribunal. Even applying the reduced figure proposed by the tenants, the rent was well beyond 21 days in arrears. The tenancy is terminated.
The tenants seek a delayed possession date to allow them to find alternate premises. The landlord opposes that. The landlord was agreeable to have the premises return on Tuesday morning. In the circumstances I consider the landlords position is fair. Given the extent of the arrears, and the failure of the tenants to pay rent as it fell due, the position taken by the landlord is not unreasonable. I therefore order the tenants to return possession of the premises at 9am on Tuesday 15 August 2023.

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 4627332 — net $4,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$5,630.00	Rent arrears as at end of tenancy
Net award	$4,950.00
Total payable by Tenant to Landlord	$4,950.00

Claims and awards for application 4627332 — net $4,950.00 NZD. Verify on MoJ.

Rent arrears as at end of tenancy

Amount: $5,630.00
Awarded to: Landlord
Reason: Rent arrears as at end of tenancy

Net award

Landlord $4,950.00

Total payable by Tenant to Landlord

Landlord $4,950.00

Claim types — money lines allowed on this order

Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Dylan Graham Richards and Kushla Ann Wright at 67 Old Railway Rd, Kumeu, RD2, Auckland 0892 is terminated, and possession is granted to Lance Kenneth Williams, at 9:00am on Tuesday 15 August 2023.
The Bond Centre is to pay the bond of $680.00 (5045457-007) to Lance Kenneth Williams immediately.
Dylan Graham Richards and Kushla Ann Wright must pay Lance Kenneth Williams $4,950.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as at end of tenancy$5,630.00 Total award$5,630.00 Minus bond-$680.00 Total payable by Tenant to Landlord$4,950.00

Reasons

Both parties attended the hearing.
The landlord has applied for a termination of the tenancy on the grounds of rent arrears of $6,590.00.
The tenants agree that they owe rent arrears, but considered that it was less than the amount the landlord has claimed.
However, the landlord offered a compromise to the tenants, which reduced the rent arrears claimed to that agreed by the tenants – that amount is accordingly ordered by consent of the parties.
The question then is termination of the tenancy. Section 55 of the Residential Tenancies Act 1986 confirms that the Tribunal “shall” terminate the tenancy if the rent is more than 21 days in arrears on the date the application for termination is filed with the Tribunal. Even applying the reduced figure proposed by the tenants, the rent was well beyond 21 days in arrears. The tenancy is terminated.
The tenants seek a delayed possession date to allow them to find alternate premises. The landlord opposes that. The landlord was agreeable to have the premises return on Tuesday morning. In the circumstances I consider the landlords position is fair. Given the extent of the arrears, and the failure of the tenants to pay rent as it fell due, the position taken by the landlord is not unreasonable. I therefore order the tenants to return possession of the premises at 9am on Tuesday 15 August 2023.

Tenancy Tribunal case 4627332 — Rent arrears at 67 Old Railway Rd, Kumeu, RD2, Auckland 0892

At a glance

Tenancy Tribunal case 4627332 — Rent arrears at 67 Old Railway Rd, Kumeu, RD2, Auckland 0892

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions