What was the outcome of Tenancy Tribunal case 4738770?

The tribunal order states: The tenancy of Jody Collins and Carlin Terangi at 73 Havelock Avenue,

How much money was awarded in case 4738770?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,800.00 awarded to landlord

What type of tenancy dispute was case 4738770?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4738770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042851-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4738770?

The tribunal order states: The tenancy of Jody Collins and Carlin Terangi at 73 Havelock Avenue,

How much money was awarded in case 4738770?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,800.00 awarded to landlord

What type of tenancy dispute was case 4738770?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4738770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042851-Tenancy_Tribunal_Order.pdf.

73 Havelock Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 4738770 — Rent arrears

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73 Havelock Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 4738770 — 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 4738770 — net $1,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/02/2024	$2,800.00	Rent arrears to 07/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,520.44
Total payable by Tenant to Landlord	$1,520.44

Claims and awards for application 4738770 — net $1,520.44 NZD. Verify on MoJ.

Rent arrears to 07/02/2024

Amount: $2,800.00
Awarded to: Landlord
Reason: Rent arrears to 07/02/2024

Filing fee reimbursement

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

Net award

Landlord $1,520.44

Total payable by Tenant to Landlord

Landlord $1,520.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jody Collins and Carlin Terangi at 73 Havelock Avenue, Westbrook, Palmerston North 4412 is terminated, and possession is granted to Samuel Phillips, at 1pm on Thursday 7 March 2024.
Jody Collins and Carlin Terangi must pay Samuel Phillips $1,520.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference.
The tenants did not attend the hearing. Ms Collins was contacted twice on the contact number she has provided to the Tribunal but both calls were unanswered. Mr Terangi was also contacted twice on the contact number provided in the application. While the first call was unanswered, Mr Terangi answered the second call but then hung up. The third call to Mr Terangi appeared to be picked up but was then hung up again. The absence of a party does not prevent the hearing from proceeding. I am satisfied that Ms Collins and Mr Terangi were properly served with notice of the hearing and they have chosen not to attend or make themselves available for the hearing. I proceeded with the hearing in Ms Collins and Mr Terangi’s absence.
This matter is before me as a rehearing of the Tribunal’s order dated 29 January 2024.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
As the landlord has wholly succeeded with the claim, I must order the other party 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 4738770 — net $1,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/02/2024	$2,800.00	Rent arrears to 07/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,520.44
Total payable by Tenant to Landlord	$1,520.44

Claims and awards for application 4738770 — net $1,520.44 NZD. Verify on MoJ.

Rent arrears to 07/02/2024

Amount: $2,800.00
Awarded to: Landlord
Reason: Rent arrears to 07/02/2024

Filing fee reimbursement

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

Net award

Landlord $1,520.44

Total payable by Tenant to Landlord

Landlord $1,520.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jody Collins and Carlin Terangi at 73 Havelock Avenue, Westbrook, Palmerston North 4412 is terminated, and possession is granted to Samuel Phillips, at 1pm on Thursday 7 March 2024.
Jody Collins and Carlin Terangi must pay Samuel Phillips $1,520.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference.
The tenants did not attend the hearing. Ms Collins was contacted twice on the contact number she has provided to the Tribunal but both calls were unanswered. Mr Terangi was also contacted twice on the contact number provided in the application. While the first call was unanswered, Mr Terangi answered the second call but then hung up. The third call to Mr Terangi appeared to be picked up but was then hung up again. The absence of a party does not prevent the hearing from proceeding. I am satisfied that Ms Collins and Mr Terangi were properly served with notice of the hearing and they have chosen not to attend or make themselves available for the hearing. I proceeded with the hearing in Ms Collins and Mr Terangi’s absence.
This matter is before me as a rehearing of the Tribunal’s order dated 29 January 2024.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4738770 — Rent arrears at 73 Havelock Avenue, Westbrook, Palmerston North 4412

At a glance

Tenancy Tribunal case 4738770 — Rent arrears at 73 Havelock Avenue, Westbrook, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions