What was the outcome of Tenancy Tribunal case 4740193?

The tribunal order states: The tenancy of Duncan John Anderson at 351 Main Road, Huapai, Kumeu

How much money was awarded in case 4740193?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,166.43 awarded to landlord

What type of tenancy dispute was case 4740193?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4740193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9946244-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740193?

The tribunal order states: The tenancy of Duncan John Anderson at 351 Main Road, Huapai, Kumeu

How much money was awarded in case 4740193?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,166.43 awarded to landlord

What type of tenancy dispute was case 4740193?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4740193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9946244-Tenancy_Tribunal_Order.pdf.

351 Main Road, Huapai, Kumeu 0810 Tenancy Tribunal Case 4740193 — Rent arrears

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351 Main Road, Huapai, Kumeu 0810 Tenancy Tribunal Case 4740193 — 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 4740193 — net $7,186.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,166.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,186.87
Total payable by Tenant to Landlord	$7,186.87

Claims and awards for application 4740193 — net $7,186.87 NZD. Verify on MoJ.

Rent arrears

Amount: $7,166.43
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $7,186.87

Total payable by Tenant to Landlord

Landlord $7,186.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Duncan John Anderson at 351 Main Road, Huapai, Kumeu 0810 is terminated, and possession is granted to Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew, at 10am, Tuesday 13 February 2024.
Duncan John Anderson must pay Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew $7,186.87 immediately, being rent arrears to 13 February 2024.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
The premises that were rented to the tenant comprise of a workshop, storage area and an office. The landlord says that it was not intended that the tenant would occupy the premises as a residence. She says that she drafted a residential tenancy agreement in error.
Section 5(1)(a) Residential Tenancies Act states that the Act shall not apply where the premises are commercial premises. Section 4 states that the Act applies to every tenancy for residential purposes except as specifically provided.
The definition of residential premises contained in section 2 is any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful.
While the premises were not intended to be occupied for residential purposes and on the face of it are commercial premises, the reality is that they are being used as a place of residence, whether or not that occupation is or would be unlawful. I therefore determine that the Tribunal has jurisdiction to deal with this tenancy.
The landlord has applied for termination of the tenancy and rent arrears.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also applied for power and rubbish costs. These amounts have not been awarded as it is not clear that these are costs solely attributable to the tenant. Those claims are dismissed.
Because Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew has substantially succeeded with the claim I have reimbursed 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 4740193 — net $7,186.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,166.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,186.87
Total payable by Tenant to Landlord	$7,186.87

Claims and awards for application 4740193 — net $7,186.87 NZD. Verify on MoJ.

Rent arrears

Amount: $7,166.43
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $7,186.87

Total payable by Tenant to Landlord

Landlord $7,186.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Duncan John Anderson at 351 Main Road, Huapai, Kumeu 0810 is terminated, and possession is granted to Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew, at 10am, Tuesday 13 February 2024.
Duncan John Anderson must pay Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew $7,186.87 immediately, being rent arrears to 13 February 2024.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
The premises that were rented to the tenant comprise of a workshop, storage area and an office. The landlord says that it was not intended that the tenant would occupy the premises as a residence. She says that she drafted a residential tenancy agreement in error.
Section 5(1)(a) Residential Tenancies Act states that the Act shall not apply where the premises are commercial premises. Section 4 states that the Act applies to every tenancy for residential purposes except as specifically provided.
The definition of residential premises contained in section 2 is any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful.
While the premises were not intended to be occupied for residential purposes and on the face of it are commercial premises, the reality is that they are being used as a place of residence, whether or not that occupation is or would be unlawful. I therefore determine that the Tribunal has jurisdiction to deal with this tenancy.
The landlord has applied for termination of the tenancy and rent arrears.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also applied for power and rubbish costs. These amounts have not been awarded as it is not clear that these are costs solely attributable to the tenant. Those claims are dismissed.
Because Jurene Andrew And Lien Wang As Trustees Of The Lien Family Trust and Neil Andrew has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4740193 — Rent arrears at 351 Main Road, Huapai, Kumeu 0810

At a glance

Tenancy Tribunal case 4740193 — Rent arrears at 351 Main Road, Huapai, Kumeu 0810

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