What was the outcome of Tenancy Tribunal case 4635670?

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

How much money was awarded in case 4635670?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $142.00 awarded to landlord; Water Rates: $13.30 awarded to landlord

What type of tenancy dispute was case 4635670?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9326277-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635670?

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

How much money was awarded in case 4635670?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $142.00 awarded to landlord; Water Rates: $13.30 awarded to landlord

What type of tenancy dispute was case 4635670?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9326277-Tenancy_Tribunal_Order.pdf.

Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4635670 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland Tenancy Tribunal Case 4635670 — 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 4635670 — net $175.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.00	Rent arrears
Water rates	$13.30	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$175.74
Total payable by Tenant to Landlord	$175.74

Claims and awards for application 4635670 — net $175.74 NZD. Verify on MoJ.

Rent arrears

Amount: $142.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $13.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $175.74

Total payable by Tenant to Landlord

Landlord $175.74

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision
Rachel Clarken must pay Home In Place (New Zealand) Limited $175.74 immediately, being rent arrears and water rates to 22 August 2023.
All other applications are dismissed.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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.
The tenant breached their obligations by damaging the premises.
The landlord made an application to the Tribunal under TT 4492161 in relation to that damage and an order was made on 18 April 2023 requiring the tenant to pay $4,519.52 by payments of $30.00 per week commencing on 26 April 2023 and weekly thereafter. The tenant has not made the payments. The order recorded that the landlord could enforce the order immediately in the event that payments were not made. That remains the position.
The landlord applied under this application number to terminate the tenancy for the same damages claim as heard under TT 4492161. As that claim has already been heard by the Tribunal, I find that the same matter cannot be used as the basis for a termination application under these proceedings. The application is dismissed.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing as of today is $142.00 and water rates of $13.30.
As Home In Place (New Zealand) Limited has substantially succeeded with the claim I have ordered the tenant to 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 4635670 — net $175.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.00	Rent arrears
Water rates	$13.30	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$175.74
Total payable by Tenant to Landlord	$175.74

Claims and awards for application 4635670 — net $175.74 NZD. Verify on MoJ.

Rent arrears

Amount: $142.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $13.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $175.74

Total payable by Tenant to Landlord

Landlord $175.74

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision
Rachel Clarken must pay Home In Place (New Zealand) Limited $175.74 immediately, being rent arrears and water rates to 22 August 2023.
All other applications are dismissed.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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.
The tenant breached their obligations by damaging the premises.
The landlord made an application to the Tribunal under TT 4492161 in relation to that damage and an order was made on 18 April 2023 requiring the tenant to pay $4,519.52 by payments of $30.00 per week commencing on 26 April 2023 and weekly thereafter. The tenant has not made the payments. The order recorded that the landlord could enforce the order immediately in the event that payments were not made. That remains the position.
The landlord applied under this application number to terminate the tenancy for the same damages claim as heard under TT 4492161. As that claim has already been heard by the Tribunal, I find that the same matter cannot be used as the basis for a termination application under these proceedings. The application is dismissed.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing as of today is $142.00 and water rates of $13.30.
As Home In Place (New Zealand) Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4635670 — Rent arrears at Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4635670 — Rent arrears at Unit/Flat G02, 44 Clayburn Road, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions