What was the outcome of Tenancy Tribunal case 4652809?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4652809?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,575.00 awarded to landlord; Water Rates: $1,082.67 awarded to landlord

What type of tenancy dispute was case 4652809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4652809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9459420-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4652809?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4652809?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,575.00 awarded to landlord; Water Rates: $1,082.67 awarded to landlord

What type of tenancy dispute was case 4652809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4652809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9459420-Tenancy_Tribunal_Order.pdf.

6 Davis Place, Huntly, Waikato 3700 Tenancy Tribunal Case 4652809 — Rent arrears

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6 Davis Place, Huntly, Waikato 3700 Tenancy Tribunal Case 4652809 — 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 4652809 — net $1,678.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,575.00	7. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,…
Water rates	$1,082.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,678.11
Total payable by Tenant to Landlord	$1,678.11

Claims and awards for application 4652809 — net $1,678.11 NZD. Verify on MoJ.

Rent arrears

Amount: $2,575.00
Awarded to: Landlord
Reason: 7. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,…

Water rates

Amount: $1,082.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,678.11

Total payable by Tenant to Landlord

Landlord $1,678.11

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No suppression orders apply around publication of this decision.
The tenancy of Tammy Marsh and Joseph Wilson at 6 Davis Place, Huntly, Waikato 3700 is terminated, and possession is granted to Riverlands Real Estate Limited As Agent For Shane Mckay, at 11.59 am on Tuesday 3 October 2023.
The Bond Centre is to pay the bond of $2,000.00 (3053699-012) to Riverlands Real Estate Limited As Agent For Shane Mckay immediately.
Tammy Marsh and Joseph Wilson must pay Riverlands Real Estate Limited As Agent For Shane Mckay $1,678.11 immediately, calculated as shown in the table below:
All other applications are dismissed.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (“RTA”).
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The landlord also applied for termination under s.55(1)(a) RTA. The application was filed on 10 August 2023. A payment of rent was made by the tenant on that date which reduced the amount owing on the date that the application was filed to less than 21 days in arrears. The Act requires the rent to be 21 days in arrears at the date on which the application is filed, rather than at the time the application is filed. That part of the landlord application is dismissed.
The tenant asked the Tribunal to consider granting further time for her to try to make the payments required. It would be inequitable to not order termination for the following reasons; • The rent has been in arrears in various amounts since early May 2023. • The current rent arrears exceeds 4 weeks. • The rent summary shows that the tenant has frequently been in arrears throughout the tenancy. • The Tenancy Tribunal has previously granted the tenant a conditional termination. • The landlord has provided copied of numerous 14 day breach notices as well as recidivist rent arrears notices that have been served on the tenant in relation to rent arrears.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,082.67.
As Riverlands Real Estate Limited As Agent For Shane Mckay has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application for suppression is dismissed.

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 4652809 — net $1,678.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,575.00	7. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,…
Water rates	$1,082.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,678.11
Total payable by Tenant to Landlord	$1,678.11

Claims and awards for application 4652809 — net $1,678.11 NZD. Verify on MoJ.

Rent arrears

Amount: $2,575.00
Awarded to: Landlord
Reason: 7. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,…

Water rates

Amount: $1,082.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $1,678.11

Total payable by Tenant to Landlord

Landlord $1,678.11

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

No suppression orders apply around publication of this decision.
The tenancy of Tammy Marsh and Joseph Wilson at 6 Davis Place, Huntly, Waikato 3700 is terminated, and possession is granted to Riverlands Real Estate Limited As Agent For Shane Mckay, at 11.59 am on Tuesday 3 October 2023.
The Bond Centre is to pay the bond of $2,000.00 (3053699-012) to Riverlands Real Estate Limited As Agent For Shane Mckay immediately.
Tammy Marsh and Joseph Wilson must pay Riverlands Real Estate Limited As Agent For Shane Mckay $1,678.11 immediately, calculated as shown in the table below:
All other applications are dismissed.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (“RTA”).
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The landlord also applied for termination under s.55(1)(a) RTA. The application was filed on 10 August 2023. A payment of rent was made by the tenant on that date which reduced the amount owing on the date that the application was filed to less than 21 days in arrears. The Act requires the rent to be 21 days in arrears at the date on which the application is filed, rather than at the time the application is filed. That part of the landlord application is dismissed.
The tenant asked the Tribunal to consider granting further time for her to try to make the payments required. It would be inequitable to not order termination for the following reasons; • The rent has been in arrears in various amounts since early May 2023. • The current rent arrears exceeds 4 weeks. • The rent summary shows that the tenant has frequently been in arrears throughout the tenancy. • The Tenancy Tribunal has previously granted the tenant a conditional termination. • The landlord has provided copied of numerous 14 day breach notices as well as recidivist rent arrears notices that have been served on the tenant in relation to rent arrears.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,575.00.The water rates arrears to 10 August 2023 is $1,082.67.
As Riverlands Real Estate Limited As Agent For Shane Mckay has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application for suppression is dismissed.

Tenancy Tribunal case 4652809 — Rent arrears at 6 Davis Place, Huntly, Waikato 3700

At a glance

Tenancy Tribunal case 4652809 — Rent arrears at 6 Davis Place, Huntly, Waikato 3700

At a glance

Award balance

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

Award balance

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