How much money was awarded in case 4636689?

And The Filing Application Fee Of: $20.44 awarded to landlord

What type of tenancy dispute was case 4636689?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4636689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9244590-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4636689?

And The Filing Application Fee Of: $20.44 awarded to landlord

What type of tenancy dispute was case 4636689?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4636689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9244590-Tenancy_Tribunal_Order.pdf.

71D Te Puea Road, Tikitere, RD 4, Rotorua 3074 Tenancy Tribunal Case 4636689 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4636689?

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

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Order

Claims and awards in Tenancy Tribunal application 4636689. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the filing application fee of	$20.44		and the filing application fee of

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Joachim Quest and Katherine Harper must pay Amtos Realty Services Limited Julie Stanley $370.44 immediately, being rent arrears to 2 August 2023 of $350.00 and the filing application fee of $20.44.

Reasons

Both parties attended the hearing, conducted via teleconference. Julie Stanley represented the landlord. Joachim Quest represented both tenants.

The landlord had applied for termination of the tenancy, rent arrears and refund of the bond.

A tenancy may be terminated where rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.

The Tribunal may also terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986.

Should the tenancy be terminated?

This tenancy commenced 11 May 2023. The landlord accommodated a deferred bond lodgement but this was accrued via a 50% portion of the first four weeks rent being reassigned towards bond. The tenant was unaware of this arrangement and believed the full rent, as paid weekly, was being applied as rent.

I do not find the rent payments made can be applied towards the bond such that the tenant can later be judged to be more than 21 days in arrears. By applying the full rent as rent, the tenant was not in breach of s 55(1)(a) and there are no grounds for termination.

At the date of lodging the application the landlord had not heard from the tenants who were out of town. No evidence of abandonment was provided (signs of a vacate, services off at premises etc). The tenants were offline but reengaged later and returned to the premises. The premises were not abandoned and no grounds for termination per s 61 exist.

The application for termination of the tenancy is dismissed.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as at 2 August 2023. Both parties agree that $350.00 is due. The next weekly rent payment is due 3 August 2023. Application filing fee

While Amtos Realty Services Limited has not succeeded with the termination request as at today, I am satisfied the reason for lodging the application on 21 July 2023 were sufficient that the application fee should be reimbursed.

Order

Claims and awards in Tenancy Tribunal application 4636689. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the filing application fee of	$20.44		and the filing application fee of

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Joachim Quest and Katherine Harper must pay Amtos Realty Services Limited Julie Stanley $370.44 immediately, being rent arrears to 2 August 2023 of $350.00 and the filing application fee of $20.44.

Reasons

Both parties attended the hearing, conducted via teleconference. Julie Stanley represented the landlord. Joachim Quest represented both tenants.

The landlord had applied for termination of the tenancy, rent arrears and refund of the bond.

A tenancy may be terminated where rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.

The Tribunal may also terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986.

Should the tenancy be terminated?

The application for termination of the tenancy is dismissed.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as at 2 August 2023. Both parties agree that $350.00 is due. The next weekly rent payment is due 3 August 2023. Application filing fee

Tenancy Tribunal case 4636689 — Rent arrears at 71D Te Puea Road, Tikitere, RD 4, Rotorua 3074

At a glance

Tenancy Tribunal case 4636689 — Rent arrears at 71D Te Puea Road, Tikitere, RD 4, Rotorua 3074

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions