What was the outcome of Tenancy Tribunal case 4656749?

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

How much money was awarded in case 4656749?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,000.00 awarded to landlord; Water Rates: $38.85 awarded to landlord

What type of tenancy dispute was case 4656749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4656749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9392020-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4656749?

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

How much money was awarded in case 4656749?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,000.00 awarded to landlord; Water Rates: $38.85 awarded to landlord

What type of tenancy dispute was case 4656749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4656749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9392020-Tenancy_Tribunal_Order.pdf.

36A Silver Moon Road, Albany Heights, Auckland 0632 Tenancy Tribunal Case 4656749 — Rent arrears

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36A Silver Moon Road, Albany Heights, Auckland 0632 Tenancy Tribunal Case 4656749 — 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 4656749 — net $3,459.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2023	$9,000.00	Rent arrears to 11 September 2023
Water rates	$38.85	Water rates
Filing fee reimbursement	$20.44	Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44. T Baker 08 September 2023 _____________________________________________…
Net award	$3,459.29
Total payable by Tenant to Landlord	$3,459.29

Claims and awards for application 4656749 — net $3,459.29 NZD. Verify on MoJ.

Rent arrears to 11 September 2023

Amount: $9,000.00
Awarded to: Landlord
Reason: Rent arrears to 11 September 2023

Water rates

Amount: $38.85
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44. T Baker 08 September 2023 _____________________________________________…

Net award

Landlord $3,459.29

Total payable by Tenant to Landlord

Landlord $3,459.29

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.
The tenancy is terminated and Mission Property Management Limited as agent for Liang Ge is granted possession of the premises at 36A Silver Moon Road, Albany Heights, Auckland 0632 at 11.59pm on Monday 11 September 2023.
Kai Wei and Yitian Tong must pay Mission Property Management Limited as agent for Liang Ge $3,459.29 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $5,600.00 (5971055-002) to Mission Property Management Limited as agent For Liang Ge immediately.

Reasons

Both parties attended the hearing, which was conducted remotely and with the assistance of an interpreter. Mr Ben Zheng appeared as agent for the landlord, and Mr Kai Wei spoke for the tenants.
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. Under section 55(1)(a) Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy.
Under section 55(2) the Tribunal may refuse to make an order terminating the tenancy if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.
The tenant said that he could pay the arrears immediately and he would pay two weeks in advance. He said that he had fallen behind on rent because he had lent a friend $400,000 but the money had only been repaid the night before the hearing. I asked how that loan had affected his income, and therefore ability to pay the rent. He said that he draws money from his business on a monthly basis.
The landlord said that the tenant has made promises to pay the rent arrears before but not followed through. The owners are very anxious about the situation and want the tenancy terminated.
On 4 July the tenants paid one week’s rent in advance of the tenancy which commenced on 22 July. They have not paid any rent since.
At the time the application was filed, the tenants owed three weeks’ rent, being $4,200. Three weeks later no more rent has been paid, and the total owing up to Friday 8 September is $8,400. The landlord provided rent records which prove the amount owing.
Non-payment of rent is a breach of the tenants’ obligations. The tenants have made no attempt to remedy that breach by paying the arrears in full. I have no confidence that the tenant would not breach their obligations again. The tenancy is terminated.
I have allowed the tenants a few days to move out. The tenancy is terminated and possession granted to the landlord at 11.59pm on Monday 11 September 2023. The tenants are liable for the rent up to and including that day. That is a further 3 days at $200 a day. The total rent owing will therefore be $9,000.
In addition the landlord provided an invoice for water rates for $38.85. The tenants are ordered to pay that amount.
Because Mission Property Management Limited as agent for Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44.

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 4656749 — net $3,459.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2023	$9,000.00	Rent arrears to 11 September 2023
Water rates	$38.85	Water rates
Filing fee reimbursement	$20.44	Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44. T Baker 08 September 2023 _____________________________________________…
Net award	$3,459.29
Total payable by Tenant to Landlord	$3,459.29

Claims and awards for application 4656749 — net $3,459.29 NZD. Verify on MoJ.

Rent arrears to 11 September 2023

Amount: $9,000.00
Awarded to: Landlord
Reason: Rent arrears to 11 September 2023

Water rates

Amount: $38.85
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44. T Baker 08 September 2023 _____________________________________________…

Net award

Landlord $3,459.29

Total payable by Tenant to Landlord

Landlord $3,459.29

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.
The tenancy is terminated and Mission Property Management Limited as agent for Liang Ge is granted possession of the premises at 36A Silver Moon Road, Albany Heights, Auckland 0632 at 11.59pm on Monday 11 September 2023.
Kai Wei and Yitian Tong must pay Mission Property Management Limited as agent for Liang Ge $3,459.29 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $5,600.00 (5971055-002) to Mission Property Management Limited as agent For Liang Ge immediately.

Reasons

Both parties attended the hearing, which was conducted remotely and with the assistance of an interpreter. Mr Ben Zheng appeared as agent for the landlord, and Mr Kai Wei spoke for the tenants.
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. Under section 55(1)(a) Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy.
Under section 55(2) the Tribunal may refuse to make an order terminating the tenancy if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.
The tenant said that he could pay the arrears immediately and he would pay two weeks in advance. He said that he had fallen behind on rent because he had lent a friend $400,000 but the money had only been repaid the night before the hearing. I asked how that loan had affected his income, and therefore ability to pay the rent. He said that he draws money from his business on a monthly basis.
The landlord said that the tenant has made promises to pay the rent arrears before but not followed through. The owners are very anxious about the situation and want the tenancy terminated.
On 4 July the tenants paid one week’s rent in advance of the tenancy which commenced on 22 July. They have not paid any rent since.
At the time the application was filed, the tenants owed three weeks’ rent, being $4,200. Three weeks later no more rent has been paid, and the total owing up to Friday 8 September is $8,400. The landlord provided rent records which prove the amount owing.
Non-payment of rent is a breach of the tenants’ obligations. The tenants have made no attempt to remedy that breach by paying the arrears in full. I have no confidence that the tenant would not breach their obligations again. The tenancy is terminated.
I have allowed the tenants a few days to move out. The tenancy is terminated and possession granted to the landlord at 11.59pm on Monday 11 September 2023. The tenants are liable for the rent up to and including that day. That is a further 3 days at $200 a day. The total rent owing will therefore be $9,000.
In addition the landlord provided an invoice for water rates for $38.85. The tenants are ordered to pay that amount.
Because Mission Property Management Limited as agent for Liang Ge has wholly succeeded with the claim I must reimburse the filing fee of $20.44.

Tenancy Tribunal case 4656749 — Rent arrears at 36A Silver Moon Road, Albany Heights, Auckland 0632

At a glance

Tenancy Tribunal case 4656749 — Rent arrears at 36A Silver Moon Road, Albany Heights, Auckland 0632

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