What was the outcome of Tenancy Tribunal case 4738490?

The tribunal order states: Jessica Gibson is removed as a party.

How much money was awarded in case 4738490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,120.00 awarded to landlord

What type of tenancy dispute was case 4738490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4738490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10277635-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4738490?

The tribunal order states: Jessica Gibson is removed as a party.

How much money was awarded in case 4738490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,120.00 awarded to landlord

What type of tenancy dispute was case 4738490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4738490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10277635-Tribunal_Order.pdf.

14 Felicity Place, Unsworth Heights, Auckland 0632 Tenancy Tribunal Case 4738490 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4738490 — net $3,700.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/12/23	$6,120.00	Rent arrears to 15/12/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.44
Total payable by Tenant to Landlord	$3,700.44

Jessica Gibson is removed as a party.

The landlord’s claim for rent arrears is allowed.

All other claims are dismissed.

Lopeti Etuate Otukolo and Jessica must pay Jun Huo $3,700.44 immediately, as calculated in the table below.

The Bond Centre is to pay the bond of $2,440.00 (5451853-006) to Jun Huo immediately.

Reasons

The landlord attended the hearing in person with his current property manager, Grace Luo.

Jessica Gibson, who had been assisting the tenant and staying at the premises sometimes, attended because she had been named as a party in the landlord’s claim and included herself as a party in the tenant’s cross-application. However, Ms Gibson is not a tenant and does not represent the tenant. Ms Gibson has no standing. She is not a party. She is removed from the proceedings.

Ms Gibson left the hearing before it ended.

The tenant did not attend. Ms Gibson says he is looking after a sick child today. The Tribunal has had no communications from the tenant seeking an adjournment nor explaining his absence. He was given proper notice of the hearing. The hearing proceeded in his absence. Landlord’s claim for rent arrears

The landlord applied to the Tribunal for rent arrears. He provided a rent summary which calculate the amount or rent owing.

I am satisfied that the landlord’s rent summary accurately reflects rent due and rent payments received.

An order is made for the rent arrears as set out in the table above. Landlord’s claim for termination

The landlord had applied for termination due to Ms Gibson assaulting him and for rent arrears being more than 21 days at the day of application.

A termination order is no longer required because the tenant was evicted for failing to comply with the Tribunal’s directions to pay rent (after it adjourned the original hearing of landlord’s claim on 5 December at the tenant’s request). Tenant’s claim for breach of the Healthy Homes Standards

Ms Gibson and the tenant filed a claim alleging the landlord breached his Healthy Homes Standards duties. However, the tenant has failed to attend without proper excuse and thereby failed to prosecute the claim with reasonable diligence.

The tenant’s claims are dismissed. Landlord’s further claims

The landlord recently filed documents relating to the costs for eviction, cleaning, rubbish removal, and changing the locks. The file shows related documents were uploaded to file yesterday and the day before yesterday. Those matters go beyond what was originally applied for and were not included in the notice of hearing or communicated to the tenant as being liable to be dealt with today.

I decline to deal with those matters. The landlord can file a new claim for those matters against the tenant. Filing fee and bond

Because the landlord has wholly succeeded in his claim, the Tribunal must order the tenant to reimburse the filing fee.

The bond is to be paid out to the landlord in part-payment of the judgment debt.

Order

Claims and awards in Tenancy Tribunal application 4738490 — net $3,700.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/12/23	$6,120.00	Rent arrears to 15/12/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.44
Total payable by Tenant to Landlord	$3,700.44