What was the outcome of Tenancy Tribunal case 4732709?

The tribunal order states: Le Roy David Williams must pay Cooper & Co Real Estate Limited T/As

How much money was awarded in case 4732709?

Enforcement Fee – Order 4563230: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $273.77 awarded to landlord; Rent Arrears: $3,400.00 awarded to landlord; Water Rates: $206.09 awarded to landlord

What type of tenancy dispute was case 4732709?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4732709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10047042-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732709?

The tribunal order states: Le Roy David Williams must pay Cooper & Co Real Estate Limited T/As

How much money was awarded in case 4732709?

Enforcement Fee – Order 4563230: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $273.77 awarded to landlord; Rent Arrears: $3,400.00 awarded to landlord; Water Rates: $206.09 awarded to landlord

What type of tenancy dispute was case 4732709?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4732709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10047042-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 15 Gollan Road, Mount Wellington, Auckland Tenancy Tribunal Case 4732709 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 2, 15 Gollan Road, Mount Wellington, Auckland Tenancy Tribunal Case 4732709 — 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 4732709 — net $2,700.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$3,400.00	Rent arrears to 21 August 2023
Water rates	$206.09	Water rates
Lock/key replacement	$273.77	Lock/key replacement
enforcement fee – order 4563230	$200.00	enforcement fee – order 4563230
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,700.30
Total payable by Tenant to Landlord	$2,700.30

Claims and awards for application 4732709 — net $2,700.30 NZD. Verify on MoJ.

Rent arrears to 21 August 2023

Amount: $3,400.00
Awarded to: Landlord
Reason: Rent arrears to 21 August 2023

Water rates

Amount: $206.09
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $273.77
Awarded to: Landlord
Reason: Lock/key replacement

enforcement fee – order 4563230

Amount: $200.00
Awarded to: Landlord
Reason: enforcement fee – order 4563230

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Le Roy David Williams must pay Cooper & Co Real Estate Limited T/As Harcourts Cooper & Co As Agent For Bilkish & Homi BNH Trustees $2,700.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21 August 2023$3,400.00 Water rates$206.09 Lock/key replacement$273.77 enforcement fee – order 4563230$200.00 Filing fee reimbursement$20.44 Total award$4,100.30 Bond$1,400.00 Total payable by Tenant to Landlord$2,700.30
This order replaces the order for rent arrears and water rates made in mediation under application 4563230. That order was enforced, in terms of eviction, on 21 August 2023 but can no longer be enforced as it relates to rent arrears and water rates.

Reasons

Only the landlord attended the hearing. The application was lodged more than 2 months after the tenancy ended, and served on the tenant via the email address provided in the tenancy agreement. The Landlord does not have a physical address for the tenant.
I consider that service on the tenant via email, to the email address provided in the tenancy agreement, is sufficient in the circumstances.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Previous orders
The landlord applied for termination of the tenancy on the basis of rent arrears. The tenant wanted to remain in the premises and agreed, in mediation, to repay the rent arrears by weekly payments of $100 in addition to the weekly rent.
The mediated order included a conditional termination clause if any rent payment or payment of arrears was not made within 2 working days of its due date.
Some payments of rent and rent arrears were made in accordance with the mediated order.
The tenant missed payments and the order was enforced.
The bond was returned to the landlord in partial satisfaction of the arrears owed.
The landlord incurred the additional fee for enforcement of the mediated order and eviction of the tenant.
I have made a fresh order for rent arrears and water rates, as at the end of the tenancy, and reflecting the return of the bond, so that the amount outstanding is transparent and clear.

How much is owed for rent and water rates?

The tenancy ended on 21 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenancy was terminated by the effects of non-compliance with mediated order 4563230. A warrant for eviction was sought and granted, and possession returned to the landlord accordingly.
The keys to the property were not returned.
The amounts ordered are proved.
Because Cooper & Co Real Estate Limited T/As Harcourts Cooper & Co As Agent For Bilkish & Homi BNH Trustees has wholly succeeded with the claim I must reimburse the filing fee.

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 4732709 — net $2,700.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$3,400.00	Rent arrears to 21 August 2023
Water rates	$206.09	Water rates
Lock/key replacement	$273.77	Lock/key replacement
enforcement fee – order 4563230	$200.00	enforcement fee – order 4563230
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,700.30
Total payable by Tenant to Landlord	$2,700.30

Claims and awards for application 4732709 — net $2,700.30 NZD. Verify on MoJ.

Rent arrears to 21 August 2023

Amount: $3,400.00
Awarded to: Landlord
Reason: Rent arrears to 21 August 2023

Water rates

Amount: $206.09
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $273.77
Awarded to: Landlord
Reason: Lock/key replacement

enforcement fee – order 4563230

Amount: $200.00
Awarded to: Landlord
Reason: enforcement fee – order 4563230

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

Le Roy David Williams must pay Cooper & Co Real Estate Limited T/As Harcourts Cooper & Co As Agent For Bilkish & Homi BNH Trustees $2,700.30 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21 August 2023$3,400.00 Water rates$206.09 Lock/key replacement$273.77 enforcement fee – order 4563230$200.00 Filing fee reimbursement$20.44 Total award$4,100.30 Bond$1,400.00 Total payable by Tenant to Landlord$2,700.30
This order replaces the order for rent arrears and water rates made in mediation under application 4563230. That order was enforced, in terms of eviction, on 21 August 2023 but can no longer be enforced as it relates to rent arrears and water rates.

Reasons

Only the landlord attended the hearing. The application was lodged more than 2 months after the tenancy ended, and served on the tenant via the email address provided in the tenancy agreement. The Landlord does not have a physical address for the tenant.
I consider that service on the tenant via email, to the email address provided in the tenancy agreement, is sufficient in the circumstances.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Previous orders
The landlord applied for termination of the tenancy on the basis of rent arrears. The tenant wanted to remain in the premises and agreed, in mediation, to repay the rent arrears by weekly payments of $100 in addition to the weekly rent.
The mediated order included a conditional termination clause if any rent payment or payment of arrears was not made within 2 working days of its due date.
Some payments of rent and rent arrears were made in accordance with the mediated order.
The tenant missed payments and the order was enforced.
The bond was returned to the landlord in partial satisfaction of the arrears owed.
The landlord incurred the additional fee for enforcement of the mediated order and eviction of the tenant.
I have made a fresh order for rent arrears and water rates, as at the end of the tenancy, and reflecting the return of the bond, so that the amount outstanding is transparent and clear.

How much is owed for rent and water rates?

The tenancy ended on 21 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenancy was terminated by the effects of non-compliance with mediated order 4563230. A warrant for eviction was sought and granted, and possession returned to the landlord accordingly.
The keys to the property were not returned.
The amounts ordered are proved.
Because Cooper & Co Real Estate Limited T/As Harcourts Cooper & Co As Agent For Bilkish & Homi BNH Trustees has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4732709 — Rent arrears at Unit/Flat 2, 15 Gollan Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4732709 — Rent arrears at Unit/Flat 2, 15 Gollan Road, Mount Wellington, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions