What was the outcome of Tenancy Tribunal case 4683110?

The tribunal order states: The tenancy of Craig McKenzie at Unit/Flat 506, 10 Ronayne Street, Auckland

How much money was awarded in case 4683110?

Filing Fee: $20.44 awarded to landlord; Rent And Arrears: $11,725.71 awarded to landlord

What type of tenancy dispute was case 4683110?

The dispute type was not classified.

Where can I read the official tribunal order for case 4683110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626073-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4683110?

The tribunal order states: The tenancy of Craig McKenzie at Unit/Flat 506, 10 Ronayne Street, Auckland

How much money was awarded in case 4683110?

Filing Fee: $20.44 awarded to landlord; Rent And Arrears: $11,725.71 awarded to landlord

What type of tenancy dispute was case 4683110?

The dispute type was not classified.

Where can I read the official tribunal order for case 4683110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626073-Tenancy_Tribunal_Order.pdf.

Unit/Flat 506, 10 Ronayne Street, Auckland Central, Tenancy Tribunal Case 4683110 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4683110 — net $11,746.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and arrears to 16 November 2023	$11,725.71	Rent and arrears to 16 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,746.15
Total payable by Tenant to Landlord	$11,746.15

The tenancy of Craig McKenzie at Unit/Flat 506, 10 Ronayne Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Brass Properties NZ No 1 Limited, at 11:59pm on Thursday 16 November 2023.

Craig McKenzie must pay Brass Properties NZ No 1 Limited $11,746.15 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference. The tenant was represented by an advocate with the landlord’s agreement.

The landlord has applied for termination of the tenancy and rent arrears.

Rent was at least 21 days in arrears on the date the application was filed. The arrears have increased significantly since then.

In terms of s.55(1), “.... the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that—(a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear;” but, under subsection (2), “The Tribunal may refuse to make an order under subsection (1) 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.”

There is no evidential basis for applying subsection (2). Mr McKenzie’s advocate questions whether the landlord could or should have done more to prevent the arrears accumulating to the point of being so unmanageable. The property manager has given evidence of numerous discussions with the tenant and the reality is that the rent arrears continued to accumulate even after a 14 day notice to remedy was served and after this application for termination of the tenancy was brought.

The tenant understands that WINZ support could be available for up to 4 week’s arrears payment – that support being available once in every 12 months. That will not provide a remedy to the landlord within a reasonable time period.

The landlord sought termination effective in 48 hours – the tenant seeks longer in which to find somewhere else to live.

The landlord confirms that the tenant has made the rent payment due today so the debt will not increase if I make an Order that the tenancy ends at the end of this rent week.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord has indicated a likelihood that a further application will be brought for recovery of outgoings.

The tenant questions why there is no record of a bond being held when the agreement provides for payment of a bond of $1,620.00 (the landlord’s evidence is that the tenant simply never paid the agreed bond).

Any further claims by either party will need to be the subject of new applications.

Because Brass Properties NZ No 1 Limited has succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4683110 — net $11,746.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and arrears to 16 November 2023	$11,725.71	Rent and arrears to 16 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,746.15
Total payable by Tenant to Landlord	$11,746.15