What was the outcome of Tenancy Tribunal case 4702989?

The tribunal order states: The tenancy of Fiona King and Henare Namana at Unit/Flat 15, 46 High Street,

How much money was awarded in case 4702989?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,633.93 awarded to landlord

What type of tenancy dispute was case 4702989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4702989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9663182-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702989?

The tribunal order states: The tenancy of Fiona King and Henare Namana at Unit/Flat 15, 46 High Street,

How much money was awarded in case 4702989?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,633.93 awarded to landlord

What type of tenancy dispute was case 4702989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4702989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9663182-Tribunal_Order.pdf.

Unit/Flat 15, 46 High Street, Solway, Masterton 5810 Tenancy Tribunal Case 4702989 — Rent arrears

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Unit/Flat 15, 46 High Street, Solway, Masterton 5810 Tenancy Tribunal Case 4702989 — 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 4702989 — net $1,074.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as of 23 November 2023	$2,633.93	Rent arrears (as of 23 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,074.37
Total payable by Tenant to Landlord	$1,074.37

Claims and awards for application 4702989 — net $1,074.37 NZD. Verify on MoJ.

Rent arrears (as of 23 November 2023

Amount: $2,633.93
Awarded to: Landlord
Reason: Rent arrears (as of 23 November 2023

Filing fee reimbursement

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

Net award

Landlord $1,074.37

Total payable by Tenant to Landlord

Landlord $1,074.37

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Fiona King and Henare Namana at Unit/Flat 15, 46 High Street, Solway, Masterton 5810 is terminated, and possession is granted to Inspire Real Estate As Agent For Anyos Gonczy, at 11:59pm on Thursday 23 November 2023.
The Bond Centre is to pay the bond of $1,580.00 (6407631-009) to Inspire Real Estate As Agent For Anyos Gonczy immediately.
Fiona King and Henare Namana must pay Inspire Real Estate As Agent For Anyos Gonczy $1,074.37 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (as of 23 November 2023)$2,633.93 Filing fee reimbursement$20.44 Total award$2,654.37 Minus bond- $1,580.00 Total payable by Tenant to Landlord$1,074.37

Reasons

A telephone hearing was convened on 20 November 2023. In attendance was Ms King, who advised that her co-tenant Mr Namana was not available as he was in custody.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The evidence is that the last rent payment was on 3 October 2023. When the landlord applied to terminate the tenancy, the rent was fractionally less than 28 days behind. No further rent payments have been made since 3 October.
Section 55(1)(a) confirms that the Tribunal “shall” terminate the tenancy when rent arrears are more than 21 days on the day the application is filed. That is the case here.
The tenant says that she telephoned ‘the Tribunal’ who advised her to stop paying her rent and to move out until after the hearing had been completed. The tenant says that she followed that advice which is why further rent payments were not made, but in any event she has not moved out.
There is insufficient evidence before me upon which I could accept that advice was given, it would not be advice I consider Tenancy Services or the Tribunal / the Ministry of Justice would likely have provided to a tenant in these circumstances.
Ultimately the rent was more than 21 days in arrears when the application was filed, so the tenancy is terminated.
The landlord had also applied for a termination under other grounds, but given the tenancy will be terminated because of arrears, it is not necessary for me to consider the wider reasons to end the tenancy.

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 4702989 — net $1,074.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as of 23 November 2023	$2,633.93	Rent arrears (as of 23 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,074.37
Total payable by Tenant to Landlord	$1,074.37

Claims and awards for application 4702989 — net $1,074.37 NZD. Verify on MoJ.

Rent arrears (as of 23 November 2023

Amount: $2,633.93
Awarded to: Landlord
Reason: Rent arrears (as of 23 November 2023

Filing fee reimbursement

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

Net award

Landlord $1,074.37

Total payable by Tenant to Landlord

Landlord $1,074.37

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Fiona King and Henare Namana at Unit/Flat 15, 46 High Street, Solway, Masterton 5810 is terminated, and possession is granted to Inspire Real Estate As Agent For Anyos Gonczy, at 11:59pm on Thursday 23 November 2023.
The Bond Centre is to pay the bond of $1,580.00 (6407631-009) to Inspire Real Estate As Agent For Anyos Gonczy immediately.
Fiona King and Henare Namana must pay Inspire Real Estate As Agent For Anyos Gonczy $1,074.37 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (as of 23 November 2023)$2,633.93 Filing fee reimbursement$20.44 Total award$2,654.37 Minus bond- $1,580.00 Total payable by Tenant to Landlord$1,074.37

Reasons

A telephone hearing was convened on 20 November 2023. In attendance was Ms King, who advised that her co-tenant Mr Namana was not available as he was in custody.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The evidence is that the last rent payment was on 3 October 2023. When the landlord applied to terminate the tenancy, the rent was fractionally less than 28 days behind. No further rent payments have been made since 3 October.
Section 55(1)(a) confirms that the Tribunal “shall” terminate the tenancy when rent arrears are more than 21 days on the day the application is filed. That is the case here.
The tenant says that she telephoned ‘the Tribunal’ who advised her to stop paying her rent and to move out until after the hearing had been completed. The tenant says that she followed that advice which is why further rent payments were not made, but in any event she has not moved out.
There is insufficient evidence before me upon which I could accept that advice was given, it would not be advice I consider Tenancy Services or the Tribunal / the Ministry of Justice would likely have provided to a tenant in these circumstances.
Ultimately the rent was more than 21 days in arrears when the application was filed, so the tenancy is terminated.
The landlord had also applied for a termination under other grounds, but given the tenancy will be terminated because of arrears, it is not necessary for me to consider the wider reasons to end the tenancy.

Tenancy Tribunal case 4702989 — Rent arrears at Unit/Flat 15, 46 High Street, Solway, Masterton 5810

At a glance

Tenancy Tribunal case 4702989 — Rent arrears at Unit/Flat 15, 46 High Street, Solway, Masterton 5810

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