What was the outcome of Tenancy Tribunal case 4685389?

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

How much money was awarded in case 4685389?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,671.43 awarded to landlord; Water Rates: $202.90 awarded to landlord

What type of tenancy dispute was case 4685389?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544095-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4685389?

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

How much money was awarded in case 4685389?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,671.43 awarded to landlord; Water Rates: $202.90 awarded to landlord

What type of tenancy dispute was case 4685389?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544095-Tenancy_Tribunal_Order.pdf.

44 Hyde Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4685389 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

44 Hyde Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4685389 — 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 4685389 — net $7,894.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$12,671.43	Rent arrears to 18 October 2023
Water rates	$202.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,894.77
Total payable by Tenant to Landlord	$7,894.77

Claims and awards for application 4685389 — net $7,894.77 NZD. Verify on MoJ.

Rent arrears to 18 October 2023

Amount: $12,671.43
Awarded to: Landlord
Reason: Rent arrears to 18 October 2023

Water rates

Amount: $202.90
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $7,894.77

Total payable by Tenant to Landlord

Landlord $7,894.77

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 of Junge Xu at 44 Hyde Road, Rothesay Bay, Auckland 0630 is terminated, and possession is granted to Auckland Property Management Limited As Agent For Rui Zhang, immediately.
Junge Xu must pay Auckland Property Management Limited As Agent For Rui Zhang $7,894.77 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $5,000.00 (5582842-003) to Auckland Property Management Limited As Agent For Rui Zhang immediately.

Reasons

The hearing was held by teleconference. Both parties attended.
The landlord has applied for termination of the tenancy, rent arrears, unpaid water charges and refund of the bond.
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 landlord provided rent records and water invoices which prove the amounts owing.
I note the tenant disputed the rent arrears claimed. She indicated that she had been overseas and had only recently returned. Regardless, this does not absolve her obligation to pay rent when it falls due. The landlord advised that the tenant had not given written notice to end the tenancy or surrendered the tenancy earlier.
The tenant also raised concerns regarding the condition of the property and actions of the landlord ie. in turning off the water. The claims were responded to by the landlord and any wrongdoing on their part was denied.
Having carefully considered the tenant’s claim for a 'set-off' I find that she has not proven that the rent arrears owed should be reduced, or at least reduced by an amount sufficient to make the rent arrears less than 21 days.
Accordingly, I must grant the application for termination.
It is open to the tenant to file her own application (through Tenancy Services) for compensation/damages should she wish to, but this does not avoid granting of the landlord’s application being heard today.
If an applicant is wholly successful in their claim the Tribunal must order that the other party

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 4685389 — net $7,894.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$12,671.43	Rent arrears to 18 October 2023
Water rates	$202.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,894.77
Total payable by Tenant to Landlord	$7,894.77

Claims and awards for application 4685389 — net $7,894.77 NZD. Verify on MoJ.

Rent arrears to 18 October 2023

Amount: $12,671.43
Awarded to: Landlord
Reason: Rent arrears to 18 October 2023

Water rates

Amount: $202.90
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $7,894.77

Total payable by Tenant to Landlord

Landlord $7,894.77

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 of Junge Xu at 44 Hyde Road, Rothesay Bay, Auckland 0630 is terminated, and possession is granted to Auckland Property Management Limited As Agent For Rui Zhang, immediately.
Junge Xu must pay Auckland Property Management Limited As Agent For Rui Zhang $7,894.77 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $5,000.00 (5582842-003) to Auckland Property Management Limited As Agent For Rui Zhang immediately.

Reasons

The hearing was held by teleconference. Both parties attended.
The landlord has applied for termination of the tenancy, rent arrears, unpaid water charges and refund of the bond.
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 landlord provided rent records and water invoices which prove the amounts owing.
I note the tenant disputed the rent arrears claimed. She indicated that she had been overseas and had only recently returned. Regardless, this does not absolve her obligation to pay rent when it falls due. The landlord advised that the tenant had not given written notice to end the tenancy or surrendered the tenancy earlier.
The tenant also raised concerns regarding the condition of the property and actions of the landlord ie. in turning off the water. The claims were responded to by the landlord and any wrongdoing on their part was denied.
Having carefully considered the tenant’s claim for a 'set-off' I find that she has not proven that the rent arrears owed should be reduced, or at least reduced by an amount sufficient to make the rent arrears less than 21 days.
Accordingly, I must grant the application for termination.
It is open to the tenant to file her own application (through Tenancy Services) for compensation/damages should she wish to, but this does not avoid granting of the landlord’s application being heard today.
If an applicant is wholly successful in their claim the Tribunal must order that the other party

Tenancy Tribunal case 4685389 — Rent arrears at 44 Hyde Road, Rothesay Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4685389 — Rent arrears at 44 Hyde Road, Rothesay Bay, Auckland 0630

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