What was the outcome of Tenancy Tribunal case 4777037?

The tribunal order states: The tenancy of Trieste-Louise Gillies and Tamati Coley at 111 Budge Street,

How much money was awarded in case 4777037?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,778.57 awarded to landlord

What type of tenancy dispute was case 4777037?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9887895-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4777037?

The tribunal order states: The tenancy of Trieste-Louise Gillies and Tamati Coley at 111 Budge Street,

How much money was awarded in case 4777037?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,778.57 awarded to landlord

What type of tenancy dispute was case 4777037?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9887895-Tenancy_Tribunal_Order.pdf.

111 Budge Street, Riversdale, Blenheim 7201 Tenancy Tribunal Case 4777037 — Rent arrears

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111 Budge Street, Riversdale, Blenheim 7201 Tenancy Tribunal Case 4777037 — 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 4777037. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 January 2024	$1,778.57		Rent arrears to 26 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4777037. Verify on MoJ.

Rent arrears to 26 January 2024

Amount: $1,778.57
Awarded to: Landlord
Reason: Rent arrears to 26 January 2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Trieste-Louise Gillies and Tamati Coley at 111 Budge Street, Riversdale, Blenheim 7201 is terminated, and possession is granted to Be Marlborough Limited As Agent For Nicolas Mcarthur immediately.
The Bond Centre is to pay the bond of $1,800.00 (5255603-002) to Be Marlborough Limited As Agent For Nicolas Mcarthur immediately, per the table below.
The full bond is returned to the landlord for practical

Reasons

. $0.99 is the remaining balance and the landlord is to hold this as a credit if any further applications to the Tribunal are intended. If no further landlord application is made before 26 February 2024 the landlord is to return the $0.99 to the tenants if so requested by them before 1 March 2024, otherwise the landlord may retain it.

DescriptionLandlordTenant Rent arrears to 26 January 2024$1,778.57 Filing fee reimbursement$20.44 Total award$1,799.01 Bond$1,799.01$0.99

Reasons:

The landlord attended the hearing. There was no appearance by the tenants. Rent has not been paid this year and the landlord has had no response to its letters, emails, or calls.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
A previous landlord application for termination for failures by the tenants to remedy breaches as notified was dismissed on 23 October 2023. There appear to have been little change in the underlying tenancy issues identified.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
It would be inequitable to refuse to terminate the tenancy.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Merits and justice
When considering claims, the Tribunal must consider s 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. It provides for the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies.
The Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case.
I have considered the intent expressed in s 85 in ordering both the termination of the tenancy and the handling of the very small residual balance of the bond via a release to the landlord. Application filing fee
Because Be Marlborough Limited As Agent For Nicolas Mcarthur has wholly succeeded with the claim I must 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 4777037. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 January 2024	$1,778.57		Rent arrears to 26 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4777037. Verify on MoJ.

Rent arrears to 26 January 2024

Amount: $1,778.57
Awarded to: Landlord
Reason: Rent arrears to 26 January 2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Trieste-Louise Gillies and Tamati Coley at 111 Budge Street, Riversdale, Blenheim 7201 is terminated, and possession is granted to Be Marlborough Limited As Agent For Nicolas Mcarthur immediately.
The Bond Centre is to pay the bond of $1,800.00 (5255603-002) to Be Marlborough Limited As Agent For Nicolas Mcarthur immediately, per the table below.
The full bond is returned to the landlord for practical

Reasons

DescriptionLandlordTenant Rent arrears to 26 January 2024$1,778.57 Filing fee reimbursement$20.44 Total award$1,799.01 Bond$1,799.01$0.99

Reasons:

The landlord attended the hearing. There was no appearance by the tenants. Rent has not been paid this year and the landlord has had no response to its letters, emails, or calls.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
A previous landlord application for termination for failures by the tenants to remedy breaches as notified was dismissed on 23 October 2023. There appear to have been little change in the underlying tenancy issues identified.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
It would be inequitable to refuse to terminate the tenancy.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Merits and justice
When considering claims, the Tribunal must consider s 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. It provides for the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies.
The Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case.
I have considered the intent expressed in s 85 in ordering both the termination of the tenancy and the handling of the very small residual balance of the bond via a release to the landlord. Application filing fee
Because Be Marlborough Limited As Agent For Nicolas Mcarthur has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4777037 — Rent arrears at 111 Budge Street, Riversdale, Blenheim 7201

At a glance

Tenancy Tribunal case 4777037 — Rent arrears at 111 Budge Street, Riversdale, Blenheim 7201

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions