What was the outcome of Tenancy Tribunal case 4742949?

The tribunal order states: The tenancy of Georgia Rose Maslin and Jobe Kirby at 11 Tararua Street,

How much money was awarded in case 4742949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,948.35 awarded to landlord; Rent To The End Of The Tenancy On 29…: $400.00 awarded to landlord

What type of tenancy dispute was case 4742949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4742949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871448-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4742949?

The tribunal order states: The tenancy of Georgia Rose Maslin and Jobe Kirby at 11 Tararua Street,

How much money was awarded in case 4742949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,948.35 awarded to landlord; Rent To The End Of The Tenancy On 29…: $400.00 awarded to landlord

What type of tenancy dispute was case 4742949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4742949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871448-Tenancy_Tribunal_Order.pdf.

11 Tararua Street, Pahiatua, Pahiatua 4910 Tenancy Tribunal Case 4742949 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4742949 — net $2,768.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 22/01/24	$3,948.35	2024. This application is urgent because rent was more than 21 days in arrears when the application was filed and the landlord seeks termination.
Rent to the end of the tenancy on 29/01/24	$400.00	Rent to the end of the tenancy on 29/01/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,768.79
Total payable by Tenant to Landlord	$2,768.79

The tenancy of Georgia Rose Maslin and Jobe Kirby at 11 Tararua Street, Pahiatua, Pahiatua 4910 is terminated, and possession is granted to Rentcare Property Management Limited, at the end of 29 January 2024.

The Bond Centre is to pay the bond of $1,600.00 (5755538-004) to Rentcare Property Management Limited immediately.

Georgia Rose Maslin and Jobe Kirby must pay Rentcare Property Management Limited $2,768.79 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 22/01/24$3,948.35 Rent to the end of the tenancy on 29/01/24$400.00 Filing fee reimbursement$20.44 Total award$4,368.79 Bond$1,600.00 Total payable by Tenant to Landlord$2,768.79

Reasons

The hearing was conducted by video on Microsoft Teams.

Rachell Staunton attended the hearing for the landlord.

The tenants did not answer their telephones to attend the hearing.

On 17 January 2024, one of the tenants emailed the Tribunal to say they would not be able to attend the hearing. The Tribunal advised the tenants to attend the hearing or apply for an adjournment with supporting evidence or the hearing would proceed with the probable result of termination. Registry emailed the tenants as follows: The tenant stated in an email to the Tribunal today at 3:52PM: Good afternoon . So sorry but we both can not make the meeting on the 23rd Jan due to Jobe working and I am at a midwifes appointment. Regards Georgia Maslin It appears that both tenants do not intend to answer their telephones for the remote telephone hearing when the Tribunal telephones them at about 3:00PM on 23 January 2024. This application is urgent because rent was more than 21 days in arrears when the application was filed and the landlord seeks termination. The tenants have not applied for an adjournment, so the hearing is liable to proceed in their absence. If the hearing proceeds without the tenants, the Tribunal is likely to order termination and rent arrears if the landlord’s case is proven. It is in the tenants’ interests to prioritise attending this hearing which is not for six days. They should make alternative arrangements to do so. If the tenants wish to apply for an adjournment of the hearing, they must do so urgently providing evidence such as the MOH’s confirmation of appointment with a midwife at the time and date of the Tribunal hearing, and that the other tenant’s employer will not release the tenant for the short period of the hearing. On receipt of an application for adjournment, the landlord’s input will be sought. The tenants should be aware that the Tribunal may be reluctant to grant adjournment if rent was 21 days in arrears when the application was filed and the rent is still in arrears.

The tenants have not attended the hearing and have not applied for an adjournment with supporting evidence. The tenants were clearly advised of the likely consequence of that but elected to do neither. The hearing proceeded in the tenants’ absence.

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee, and payment over of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The Tribunal must therefore order that the tenancy be terminated under s 55(1)(a) of the Residential Tenancies Act 1986.

The landlord provided rent records which prove the amounts owing for rent and rent arrears at the end of the tenancy (which is delayed giving the tenants time to move out).

The Tribunal must order the tenants to reimburse the landlord for the filing fee because the landlord has wholly succeeded in its application.

The bond is to be paid to the landlord in part-satisfaction of the amount the Tribunal has ordered the tenants to pay.

Claims and awards in Tenancy Tribunal application 4742949 — net $2,768.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 22/01/24	$3,948.35	2024. This application is urgent because rent was more than 21 days in arrears when the application was filed and the landlord seeks termination.
Rent to the end of the tenancy on 29/01/24	$400.00	Rent to the end of the tenancy on 29/01/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,768.79
Total payable by Tenant to Landlord	$2,768.79

Order

The tenancy of Georgia Rose Maslin and Jobe Kirby at 11 Tararua Street, Pahiatua, Pahiatua 4910 is terminated, and possession is granted to Rentcare Property Management Limited, at the end of 29 January 2024.
The Bond Centre is to pay the bond of $1,600.00 (5755538-004) to Rentcare Property Management Limited immediately.
Georgia Rose Maslin and Jobe Kirby must pay Rentcare Property Management Limited $2,768.79 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 22/01/24$3,948.35 Rent to the end of the tenancy on 29/01/24$400.00 Filing fee reimbursement$20.44 Total award$4,368.79 Bond$1,600.00 Total payable by Tenant to Landlord$2,768.79

Reasons

The hearing was conducted by video on Microsoft Teams.
Rachell Staunton attended the hearing for the landlord.
The tenants did not answer their telephones to attend the hearing.
On 17 January 2024, one of the tenants emailed the Tribunal to say they would not be able to attend the hearing. The Tribunal advised the tenants to attend the hearing or apply for an adjournment with supporting evidence or the hearing would proceed with the probable result of termination. Registry emailed the tenants as follows: The tenant stated in an email to the Tribunal today at 3:52PM: Good afternoon . So sorry but we both can not make the meeting on the 23rd Jan due to Jobe working and I am at a midwifes appointment. Regards Georgia Maslin It appears that both tenants do not intend to answer their telephones for the remote telephone hearing when the Tribunal telephones them at about 3:00PM on 23 January 2024. This application is urgent because rent was more than 21 days in arrears when the application was filed and the landlord seeks termination. The tenants have not applied for an adjournment, so the hearing is liable to proceed in their absence. If the hearing proceeds without the tenants, the Tribunal is likely to order termination and rent arrears if the landlord’s case is proven. It is in the tenants’ interests to prioritise attending this hearing which is not for six days. They should make alternative arrangements to do so. If the tenants wish to apply for an adjournment of the hearing, they must do so urgently providing evidence such as the MOH’s confirmation of appointment with a midwife at the time and date of the Tribunal hearing, and that the other tenant’s employer will not release the tenant for the short period of the hearing. On receipt of an application for adjournment, the landlord’s input will be sought. The tenants should be aware that the Tribunal may be reluctant to grant adjournment if rent was 21 days in arrears when the application was filed and the rent is still in arrears.
The tenants have not attended the hearing and have not applied for an adjournment with supporting evidence. The tenants were clearly advised of the likely consequence of that but elected to do neither. The hearing proceeded in the tenants’ absence.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee, and payment over of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The Tribunal must therefore order that the tenancy be terminated under s 55(1)(a) of the Residential Tenancies Act 1986.
The landlord provided rent records which prove the amounts owing for rent and rent arrears at the end of the tenancy (which is delayed giving the tenants time to move out).
The Tribunal must order the tenants to reimburse the landlord for the filing fee because the landlord has wholly succeeded in its application.
The bond is to be paid to the landlord in part-satisfaction of the amount the Tribunal has ordered the tenants to pay.

Tenancy Tribunal case 4742949 — Rent arrears at 11 Tararua Street, Pahiatua, Pahiatua 4910

At a glance

Tenancy Tribunal case 4742949 — Rent arrears at 11 Tararua Street, Pahiatua, Pahiatua 4910

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