How much money was awarded in case 4768381?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,911.86 awarded to landlord

What type of tenancy dispute was case 4768381?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4768381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956285-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4768381?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,911.86 awarded to landlord

What type of tenancy dispute was case 4768381?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4768381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956285-Tenancy_Tribunal_Order.pdf.

19 Crystal Place, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4768381 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4768381?

The tribunal order states: The tenancy of Alley Mills and Geoffrey Gillard MacDonald at 19 Crystal Place,

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Order

Claims and awards in Tenancy Tribunal application 4768381 — net $10,932.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/02/2024	$10,911.86	Rent arrears to 14/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,932.30
Total payable by Tenant to Landlord	$10,932.30

The tenancy of Alley Mills and Geoffrey Gillard MacDonald at 19 Crystal Place, Pukehangi, Rotorua 3015 is terminated, and possession is granted to Aidan Kerry Gaw, at 5:00pm on Wednesday 14 February 2024.

The possession order may be enforced immediately.

Alley Mills and Geoffrey Gillard MacDonald must pay Aidan Kerry Gaw $10,932.30 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 20 December 2023 under application 4744709.

Reasons

The landlord attended the hearing by video link today. Neither of the tenants attended. Someone answered the phone at the number given for Alley Mills, but the call was rapidly disconnected. There was no answer of the phone at the number for Geoffrey MacDonald. I continued in the absence of the tenants because notice of the hearing has been emailed to the address for service and text reminders sent. Previous mediation agreement

The landlord and Alley Mills attended phone mediation in December 2023 and agreed to the tenancy continuing until 21 February 2024.

Alley Mills also agreed to pay weekly payments of $501.00 starting from 13 December 2023.

The landlord’s rent ledger shows that one payment of $501.00 was made on 29 December 2023 and no rent has been paid since.

The debt has increased from $6,770.00 (at mediation) to $10,769.00 up to 13 February 2024 (the end of the rent week). This application

The landlord has made a new application to terminate the tenancy and for payment of the rent arrears.

When rent is at least 21 days in arrears on the date the application was filed, the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

It is not reasonable to continue the tenancy until the previously agreed end date because rent is not being paid.

The tenancy is terminated effective immediately. Leave to enforce the possession order immediately

Section 138(1) of the District Court Act 2016 provides that a possession order cannot be enforced until 48 hours have expired after the order was made unless “a Judge” grants leave.

Section 106(2) RTA states that s 138(1) applies as if the reference to a District Court Judge were a reference to a Tenancy Adjudicator.

I grant leave for the possession order to be enforced immediately. Payment of rent arrears

The rent ledger proves the amount owing. I calculate this up to today as the termination date.

I award the filing fee.

I am satisfied that both named tenants are jointly liable for the debt because they are both named as tenants on the tenancy agreement and the landlord has not agreed to release either of them from liability. Previous order not to be enforced

The previous order dated 20 December 2023 under application 4744709 required payment of rent arrears up to 12 December 2023. That order is now incorporated into this order for enforcement purposes.

Order

Claims and awards in Tenancy Tribunal application 4768381 — net $10,932.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/02/2024	$10,911.86	Rent arrears to 14/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,932.30
Total payable by Tenant to Landlord	$10,932.30