What was the outcome of Tenancy Tribunal case 4734830?

The tribunal order states: Dale Wells must pay Auckland Property Management Limited As Agent For

How much money was awarded in case 4734830?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,950.00 awarded to landlord

What type of tenancy dispute was case 4734830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848558-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734830?

The tribunal order states: Dale Wells must pay Auckland Property Management Limited As Agent For

How much money was awarded in case 4734830?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,950.00 awarded to landlord

What type of tenancy dispute was case 4734830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848558-Tenancy_Tribunal_Order.pdf.

51 Bluegrey Avenue, Stonefields, Auckland 1072 Tenancy Tribunal Case 4734830 — Rent arrears

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51 Bluegrey Avenue, Stonefields, Auckland 1072 Tenancy Tribunal Case 4734830 — 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 4734830 — net $1,820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,950.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,820.44
Total payable by Tenant to Landlord	$1,820.44

Claims and awards for application 4734830 — net $1,820.44 NZD. Verify on MoJ.

Rent arrears

Amount: $4,950.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $1,820.44

Total payable by Tenant to Landlord

Landlord $1,820.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Dale Wells must pay Auckland Property Management Limited As Agent For Andrew Kilpatrick $1,820.44 immediately, being rent arrears to 17 January 2024.
The Bond Centre is to pay the bond of $3,150.00 (5775684-004) to Auckland Property Management Limited As Agent For Andrew Kilpatrick immediately.
All other applications are dismissed.

Reasons

The landlord attended this remote hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was not at least 21 days in arrears on the date the application was filed as required by section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The application was filed with the Tribunal on 8 November 2023.
The rent summary provided by the landlord shows that the tenant paid $3,150.00 to the landlord on 8 November 2023, bringing the rent arrears on 8 November 2023 to $750.00.
The date of the application runs for 24 hours, so that any payment made on that date will alter the rent arrears balance.
The landlord says that the rent summary provided by the landlord is incorrect. He says that a payment made by a tenant on 8 November 2023, would not show in the landlord’s account until the next day.
I prefer the evidence provided by the landlord in the rent summary. As the day of application runs for the full day and the evidence shows that a payment was made by the tenant on that day, I find that the rent was not in arrears by 21 days or more on the date on which the application was filed. The application for termination is dismissed.
I record that no application was filed by the landlord under s.56 RTA.
The landlord provided rent records which prove the amount owing on the date of this hearing is $4,950.00.
As Auckland Property Management Limited As Agent For Andrew Kilpatrick has substantially succeeded with the claim I have ordered the tenant to 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 4734830 — net $1,820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,950.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,820.44
Total payable by Tenant to Landlord	$1,820.44

Claims and awards for application 4734830 — net $1,820.44 NZD. Verify on MoJ.

Rent arrears

Amount: $4,950.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $1,820.44

Total payable by Tenant to Landlord

Landlord $1,820.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Dale Wells must pay Auckland Property Management Limited As Agent For Andrew Kilpatrick $1,820.44 immediately, being rent arrears to 17 January 2024.
The Bond Centre is to pay the bond of $3,150.00 (5775684-004) to Auckland Property Management Limited As Agent For Andrew Kilpatrick immediately.
All other applications are dismissed.

Reasons

The landlord attended this remote hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was not at least 21 days in arrears on the date the application was filed as required by section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The application was filed with the Tribunal on 8 November 2023.
The rent summary provided by the landlord shows that the tenant paid $3,150.00 to the landlord on 8 November 2023, bringing the rent arrears on 8 November 2023 to $750.00.
The date of the application runs for 24 hours, so that any payment made on that date will alter the rent arrears balance.
The landlord says that the rent summary provided by the landlord is incorrect. He says that a payment made by a tenant on 8 November 2023, would not show in the landlord’s account until the next day.
I prefer the evidence provided by the landlord in the rent summary. As the day of application runs for the full day and the evidence shows that a payment was made by the tenant on that day, I find that the rent was not in arrears by 21 days or more on the date on which the application was filed. The application for termination is dismissed.
I record that no application was filed by the landlord under s.56 RTA.
The landlord provided rent records which prove the amount owing on the date of this hearing is $4,950.00.
As Auckland Property Management Limited As Agent For Andrew Kilpatrick has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4734830 — Rent arrears at 51 Bluegrey Avenue, Stonefields, Auckland 1072

At a glance

Tenancy Tribunal case 4734830 — Rent arrears at 51 Bluegrey Avenue, Stonefields, Auckland 1072

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