How much money was awarded in case 4670430?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4670430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4670430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9489420-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4670430?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4670430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4670430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9489420-Tenancy_Tribunal_Order.pdf.

485 West Coast Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4670430 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4670430?

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 4670430 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Bond	$20.44
Total payable by Tenant to Landlord	$20.44

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

The tenancy of Edith Janetta Tuinukuafe at 485 West Coast Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Lawrence Stephen Mitchell and Ceinwen Phillips, at 11.59pm on Wednesday 4 October 2023.

The Bond Centre is to pay $20.44 from the bond of $2,200.00 to Lawrence Stephen Mitchell and Ceinwen Phillips immediately.

The balance of the bond of $2,179.56 is to remain at the Bond Centre.

Reasons

This application was scheduled to be heard by teleconference. I rang the numbers provided for the tenant twice each. The first number was no longer in existence and the second number put me through to the tenant’s voicemail. I proceeded with the hearing in the tenant’s absence.

The landlords have applied for termination of the tenancy, rent arrears and payment of the bond.

Rent was at least 21 days in arrears on the date the application was filed and s55(1)(a) Residential Tenancies Act 1986 provides that the Tribunal must terminate the tenancy in this situation.

Section 55(2) of the Residential Tenancies Act 1986 provides that the Tribunal may refuse to make an order under s55(1) if, but only if, it is satisfied that the breach has been remedied and it is unlikely that the tenant will commit any further breach of this kind.

The rent ledger supplied by the landlord shows that as at 7 October 2023 the rent will be $40.00 in arrears. This means that as at today’s date, the rent is not arrears. However, I am not using my discretion to refuse to terminate the tenancy because I am not satisfied that it is unlikely that the tenant will commit any further breach of this kind. I say this because although the tenant has paid the rent arrears claimed in the application, the tenant has been in $40.00 arrears since May 2023. I also accept the evidence that the tenant is very difficult to communicate with and does not respond to the landlord. I note also that the tenant has not attended today’s hearing to provide any sort of explanation for the arrears.

I am ordering the tenant to reimburse the filing fee to the landlords because the landlords were substantially successful in the claim against her. C ter Haar 04 October 2023

Order

Claims and awards in Tenancy Tribunal application 4670430 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Bond	$20.44
Total payable by Tenant to Landlord	$20.44

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

The Bond Centre is to pay $20.44 from the bond of $2,200.00 to Lawrence Stephen Mitchell and Ceinwen Phillips immediately.

The balance of the bond of $2,179.56 is to remain at the Bond Centre.

Reasons

The landlords have applied for termination of the tenancy, rent arrears and payment of the bond.

Rent was at least 21 days in arrears on the date the application was filed and s55(1)(a) Residential Tenancies Act 1986 provides that the Tribunal must terminate the tenancy in this situation.

I am ordering the tenant to reimburse the filing fee to the landlords because the landlords were substantially successful in the claim against her. C ter Haar 04 October 2023

Tenancy Tribunal case 4670430 — Tenancy dispute at 485 West Coast Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4670430 — Tenancy dispute at 485 West Coast Road, Glen Eden, Auckland 0602

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