What was the outcome of Tenancy Tribunal case 4726441?

The tribunal order states: The tenancy of Xiaolu Li at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

How much money was awarded in case 4726441?

Cleaning: $20.44 awarded to landlord; Rent Arrears: $3,067.76 awarded to landlord; Water Rates: $755.84 awarded to landlord; Water Rates: $516.77 awarded to landlord

What type of tenancy dispute was case 4726441?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4726441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621600-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4726441?

The tribunal order states: The tenancy of Xiaolu Li at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

How much money was awarded in case 4726441?

Cleaning: $20.44 awarded to landlord; Rent Arrears: $3,067.76 awarded to landlord; Water Rates: $755.84 awarded to landlord; Water Rates: $516.77 awarded to landlord

What type of tenancy dispute was case 4726441?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4726441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621600-Tenancy_Tribunal_Order.pdf.

Unit/Flat 205, 155 Beaumont Street, Auckland Central, Tenancy Tribunal Case 4726441 — Rent arrears

Claims and awards in Tenancy Tribunal application 4726441 — net $560.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,067.76	Rent arrears
Water rates as ordered in application 4664972	$755.84	Water rates as ordered in application 4664972
Further water rates	$516.77	Further water rates
Carpet Cleaning	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. TENANTS CLAIMS
Net award	$560.81
Total payable by Tenant to Landlord	$560.81

Order

The tenancy of Xiaolu Li at Unit/Flat 205, 155 Beaumont Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company immediately.
Pursuant to section 138(1)(b) of the District Court Act 2016, and section 106(2) of the Residential Tenancies Act 1986, leave is granted for immediate enforcement of the possession order.
Xiaolu Li must pay Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company $560.81 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$3,067.76 Water rates as ordered in application 4664972$755.84 Further water rates$516.77 Carpet Cleaning$20.44 Total award$4,360.81 Bond$3,800.00 Total payable by Tenant to Landlord$560.81
The Bond Centre is to pay the bond of $3,800.00 (6441402-009) to Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company immediately.
The Tribunal orders that the money order made against the tenant in Tribunal order 4664972 is combined in this current order.
The tenants applications are dismissed.

Reasons

The Tribunal must consider applications filed by the both the landlord and tenant.
The landlord seeks orders in relation to termination of the tenancy on the grounds of treats from the tenant and rent arrears, as well as various orders of exemplary damages. The tenant seeks various orders in relation to the tenancy agreement, parking, entry to the premises, and issues with non-repair of the washing machine.
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
The hearing was scheduled for 8 November 2023 in the Auckland District Courthouse. An interpreter was present to assist interpreting for the tenant.
The hearing presented challenges. The tenant was late in appearing. More problematic however is that when the tenant entered the hearing room (with the landlords), the tenant was argumentative, and would shout at myself and the landlords, the tenants approach was aggressive. The tenant was not prepared to moderate her behaviour and settle down. The tenant was given warnings that if she continued to behave in the manner she was, she would be removed from the hearing room and the hearing would proceed without her being present. Ultimately the tenant left the hearing room of her own volition before any claims were considered.
The landlords advised that when they arrived at the courthouse, the tenant was abusive to them in the lift coming to the hearing room.
The hearing proceeded as the tenant was warned would occur.

LANDLORDS CLAIMS

Application for payment of rent arrears

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. The tenancy commenced on 15 February 2023. Up to the date of the hearing (8 November 2023) is 266 days. The daily rate for rental is $135.34, meaning the amount of rent that should have been paid is $36,001.13. The total amount of rent that was paid is $32,933.36, meaning the rent arrears as of the day of the hearing is $3,067, 76.
The landlord agreed with my calculation.
The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full. Water rates
The landlord has applied for water rates.
I note the Tribunal has issued an earlier order, ordering the tenant to pay water rates of $735.40, plus a filing fee of $20.44, meaning the order was for the payment of $755.84. The landlord advised that money has not been paid, so it is sensible that I combine that amount ordered into this order, so the landlord will only need to pursue payment under this order.
In addition the landlord seeks further water rates of $516.77 (water between 1 July 2023 and 30 September 2023). That amount is ordered. Exemplary damages
The landlord has applied for various orders for exemplary damages. In the circumstances, the landlord confirmed that these exemplary damages applications are withdrawn. Termination of the tenancy for rent arrears
The landlord seeks a termination of the tenancy on two grounds. That is rent arrears being more than 21 days on the day of the hearing, and secondly threats and harassment from the tenant.
On 17 October 2023 the landlord issued the tenant a 14 day notice to remedy rent arrears. The tenant did not comply with that notice.
Section 56 of the RTA confirms that the Tribunal can order termination of the tenancy if the tenant has committed a breach capable of remedy, and the tenant does not remedy the breach after receiving a 14 day notice requiring compliance.
Furthermore, section 56(2) confirms that if the landlord seeks a termination under section 56, and at the time of considering the matter the Tribunal could have made an application under section 55, that the Tribunal shall determine the matter as if it were made under section 55.
Section 55 holds that the Tribunal “shall” order termination of the tenancy when the arrears are 21 days in arrears. In this case the arrears are 22 days in arrears at the date of the hearing, so that provision would have required termination also.
I am satisfied that the landlord has established grounds to terminate the tenancy, which is accordingly ordered. Termination with immediate effect
The landlord seeks to enforce the termination with immediate effect.
I am deeply concerned at the tenants interactions with the landlord and Tribunal at the hearing. The evidence on the file around the tenants interactions with the landlord are concerning. I accept that the landlord has safety concerns as it relates to the tenant. I accept that the landlords are seriously concerned for their safety.
Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. However, section 106(2) of the RTA which relates to enforcement of possession orders, confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.
This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order. Filing fee
Because the landlord has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

TENANTS CLAIMS

The tenant left the hearing room, and has not prosecuted her claims, so they are dismissed.

Claims and awards in Tenancy Tribunal application 4726441 — net $560.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,067.76	Rent arrears
Water rates as ordered in application 4664972	$755.84	Water rates as ordered in application 4664972
Further water rates	$516.77	Further water rates
Carpet Cleaning	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. TENANTS CLAIMS
Net award	$560.81
Total payable by Tenant to Landlord	$560.81

Order

The tenancy of Xiaolu Li at Unit/Flat 205, 155 Beaumont Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company immediately.
Pursuant to section 138(1)(b) of the District Court Act 2016, and section 106(2) of the Residential Tenancies Act 1986, leave is granted for immediate enforcement of the possession order.
Xiaolu Li must pay Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company $560.81 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$3,067.76 Water rates as ordered in application 4664972$755.84 Further water rates$516.77 Carpet Cleaning$20.44 Total award$4,360.81 Bond$3,800.00 Total payable by Tenant to Landlord$560.81
The Bond Centre is to pay the bond of $3,800.00 (6441402-009) to Barfoot & Thompson Limited - Ponsonby As Agent For High Street Trustee Company immediately.
The Tribunal orders that the money order made against the tenant in Tribunal order 4664972 is combined in this current order.
The tenants applications are dismissed.

Reasons

The Tribunal must consider applications filed by the both the landlord and tenant.
The landlord seeks orders in relation to termination of the tenancy on the grounds of treats from the tenant and rent arrears, as well as various orders of exemplary damages. The tenant seeks various orders in relation to the tenancy agreement, parking, entry to the premises, and issues with non-repair of the washing machine.
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
The hearing was scheduled for 8 November 2023 in the Auckland District Courthouse. An interpreter was present to assist interpreting for the tenant.
The hearing presented challenges. The tenant was late in appearing. More problematic however is that when the tenant entered the hearing room (with the landlords), the tenant was argumentative, and would shout at myself and the landlords, the tenants approach was aggressive. The tenant was not prepared to moderate her behaviour and settle down. The tenant was given warnings that if she continued to behave in the manner she was, she would be removed from the hearing room and the hearing would proceed without her being present. Ultimately the tenant left the hearing room of her own volition before any claims were considered.
The landlords advised that when they arrived at the courthouse, the tenant was abusive to them in the lift coming to the hearing room.
The hearing proceeded as the tenant was warned would occur.

LANDLORDS CLAIMS

Application for payment of rent arrears

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. The tenancy commenced on 15 February 2023. Up to the date of the hearing (8 November 2023) is 266 days. The daily rate for rental is $135.34, meaning the amount of rent that should have been paid is $36,001.13. The total amount of rent that was paid is $32,933.36, meaning the rent arrears as of the day of the hearing is $3,067, 76.
The landlord agreed with my calculation.
The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full. Water rates
The landlord has applied for water rates.
I note the Tribunal has issued an earlier order, ordering the tenant to pay water rates of $735.40, plus a filing fee of $20.44, meaning the order was for the payment of $755.84. The landlord advised that money has not been paid, so it is sensible that I combine that amount ordered into this order, so the landlord will only need to pursue payment under this order.
In addition the landlord seeks further water rates of $516.77 (water between 1 July 2023 and 30 September 2023). That amount is ordered. Exemplary damages
The landlord has applied for various orders for exemplary damages. In the circumstances, the landlord confirmed that these exemplary damages applications are withdrawn. Termination of the tenancy for rent arrears
The landlord seeks a termination of the tenancy on two grounds. That is rent arrears being more than 21 days on the day of the hearing, and secondly threats and harassment from the tenant.
On 17 October 2023 the landlord issued the tenant a 14 day notice to remedy rent arrears. The tenant did not comply with that notice.
Section 56 of the RTA confirms that the Tribunal can order termination of the tenancy if the tenant has committed a breach capable of remedy, and the tenant does not remedy the breach after receiving a 14 day notice requiring compliance.
Furthermore, section 56(2) confirms that if the landlord seeks a termination under section 56, and at the time of considering the matter the Tribunal could have made an application under section 55, that the Tribunal shall determine the matter as if it were made under section 55.
Section 55 holds that the Tribunal “shall” order termination of the tenancy when the arrears are 21 days in arrears. In this case the arrears are 22 days in arrears at the date of the hearing, so that provision would have required termination also.
I am satisfied that the landlord has established grounds to terminate the tenancy, which is accordingly ordered. Termination with immediate effect
The landlord seeks to enforce the termination with immediate effect.
I am deeply concerned at the tenants interactions with the landlord and Tribunal at the hearing. The evidence on the file around the tenants interactions with the landlord are concerning. I accept that the landlord has safety concerns as it relates to the tenant. I accept that the landlords are seriously concerned for their safety.
Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. However, section 106(2) of the RTA which relates to enforcement of possession orders, confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.
This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order. Filing fee
Because the landlord has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

TENANTS CLAIMS

The tenant left the hearing room, and has not prosecuted her claims, so they are dismissed.

Tenancy Tribunal case 4726441 — Rent arrears at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Tenancy Tribunal case 4726441 — Rent arrears at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

LANDLORDS CLAIMS

TENANTS CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

LANDLORDS CLAIMS

TENANTS CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions