What was the outcome of Tenancy Tribunal case 4724430?

The tribunal order states: The tenancy of Jennifer Hikuroa at 6 Duin Lane, Wiri, Auckland 2104 is

How much money was awarded in case 4724430?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,180.00 awarded to landlord

What type of tenancy dispute was case 4724430?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4724430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9797698-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4724430?

The tribunal order states: The tenancy of Jennifer Hikuroa at 6 Duin Lane, Wiri, Auckland 2104 is

How much money was awarded in case 4724430?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,180.00 awarded to landlord

What type of tenancy dispute was case 4724430?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4724430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9797698-Tenancy_Tribunal_Order.pdf.

6 Duin Lane, Wiri, Auckland 2104 Tenancy Tribunal Case 4724430 — Rent arrears

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6 Duin Lane, Wiri, Auckland 2104 Tenancy Tribunal Case 4724430 — 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 4724430 — net $2,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 December 2023	$2,180.00	3. The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,200.44
Total payable by Tenant to Landlord	$2,200.44

Claims and awards for application 4724430 — net $2,200.44 NZD. Verify on MoJ.

Rent arrears to 22 December 2023

Amount: $2,180.00
Awarded to: Landlord
Reason: 3. The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December

Filing fee reimbursement

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

Net award

Landlord $2,200.44

Total payable by Tenant to Landlord

Landlord $2,200.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jennifer Hikuroa at 6 Duin Lane, Wiri, Auckland 2104 is terminated, and possession is granted to The Worx Property Management Limited (as agent for Yajal Investment Ltd), at 12.00 noon on Wednesday 10 th January 2024.
Jennifer Hikuroa must pay The Worx Property Management Limited (as agent for Yajal Investment Ltd) $2,200.44 immediately, calculated as shown in the table below:

Reasons

The application seeks termination of the tenancy and rent arrears.
The hearing took place by phone on 22 December 2023. Both parties attended the hearing. Mr Khan represented the landlord.
The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December 2023. The landlord sought termination of the tenancy due to the amount of rent arrears.
One of the stated grounds of termination was that on three separate occasions within a 90-day period the tenant was at least five working days in arrears, and the landlord has issued notice to the tenant.
Section 55(aa) of the Residential Tenancies Act 1986 sets out the requirements for termination on this basis. Each notice must: a. Advise the tenant of the arrears; and b. State the amount of arrears; and c. State the tenant’s right to challenge the notice by making an application to the Tenancy Tribunal; and d. State how many other notices (if any) the landlord has given to the tenant within the 90-day period.
Mr Khan provided copies of three notices, dated 25 October 2023, 5 November 2023, and 13 November 2023.
The second and third notices meet the requirements of section 55(aa). However, the first notice does not. It does not state that that it is the first notice of rent arrears and it does not state that the tenant may challenge the notice by making an application to the Tenancy Tribunal. Therefore, I am not able to make an order for termination under section 55(aa).
However, there are alternative grounds for termination in this instance.
The rent was at least 21-days in arrears at the date of the hearing. The landlord is entitled to an order for termination under section 56(2) and 55(1)(a) of the Residential Tenancies Act 1986.
The hearing took place on 22 December 2023. Having regard to the time of year, the date of termination will be Wednesday 10 January 2024. Ms Hikuroa was informed of this date of termination at the hearing.
The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44. N Blake, 8 January 2024

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 4724430 — net $2,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 December 2023	$2,180.00	3. The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,200.44
Total payable by Tenant to Landlord	$2,200.44

Claims and awards for application 4724430 — net $2,200.44 NZD. Verify on MoJ.

Rent arrears to 22 December 2023

Amount: $2,180.00
Awarded to: Landlord
Reason: 3. The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December

Filing fee reimbursement

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

Net award

Landlord $2,200.44

Total payable by Tenant to Landlord

Landlord $2,200.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jennifer Hikuroa at 6 Duin Lane, Wiri, Auckland 2104 is terminated, and possession is granted to The Worx Property Management Limited (as agent for Yajal Investment Ltd), at 12.00 noon on Wednesday 10 th January 2024.
Jennifer Hikuroa must pay The Worx Property Management Limited (as agent for Yajal Investment Ltd) $2,200.44 immediately, calculated as shown in the table below:

Reasons

The application seeks termination of the tenancy and rent arrears.
The hearing took place by phone on 22 December 2023. Both parties attended the hearing. Mr Khan represented the landlord.
The landlord’s rent record establishes rent arrears of $2,180.00 to 22 December 2023. The landlord sought termination of the tenancy due to the amount of rent arrears.
One of the stated grounds of termination was that on three separate occasions within a 90-day period the tenant was at least five working days in arrears, and the landlord has issued notice to the tenant.
Section 55(aa) of the Residential Tenancies Act 1986 sets out the requirements for termination on this basis. Each notice must: a. Advise the tenant of the arrears; and b. State the amount of arrears; and c. State the tenant’s right to challenge the notice by making an application to the Tenancy Tribunal; and d. State how many other notices (if any) the landlord has given to the tenant within the 90-day period.
Mr Khan provided copies of three notices, dated 25 October 2023, 5 November 2023, and 13 November 2023.
The second and third notices meet the requirements of section 55(aa). However, the first notice does not. It does not state that that it is the first notice of rent arrears and it does not state that the tenant may challenge the notice by making an application to the Tenancy Tribunal. Therefore, I am not able to make an order for termination under section 55(aa).
However, there are alternative grounds for termination in this instance.
The rent was at least 21-days in arrears at the date of the hearing. The landlord is entitled to an order for termination under section 56(2) and 55(1)(a) of the Residential Tenancies Act 1986.
The hearing took place on 22 December 2023. Having regard to the time of year, the date of termination will be Wednesday 10 January 2024. Ms Hikuroa was informed of this date of termination at the hearing.
The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44. N Blake, 8 January 2024

Tenancy Tribunal case 4724430 — Rent arrears at 6 Duin Lane, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 4724430 — Rent arrears at 6 Duin Lane, Wiri, Auckland 2104

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