What was the outcome of Tenancy Tribunal case 4778200?

The tribunal order states: The tenancy of Nikita Turnbull at 511 Hauraki Road, Turua, Turua 3574 is

How much money was awarded in case 4778200?

Filing Fee: $20.44 awarded to landlord; Rent Owing: $4,550.00 awarded to landlord

What type of tenancy dispute was case 4778200?

The dispute type was not classified.

Where can I read the official tribunal order for case 4778200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012047-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4778200?

The tribunal order states: The tenancy of Nikita Turnbull at 511 Hauraki Road, Turua, Turua 3574 is

How much money was awarded in case 4778200?

Filing Fee: $20.44 awarded to landlord; Rent Owing: $4,550.00 awarded to landlord

What type of tenancy dispute was case 4778200?

The dispute type was not classified.

Where can I read the official tribunal order for case 4778200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012047-Tenancy_Tribunal_Order.pdf.

511 Hauraki Road, Turua, Turua 3574 Tenancy Tribunal Case 4778200 — Tenancy dispute

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511 Hauraki Road, Turua, Turua 3574 Tenancy Tribunal Case 4778200 — Tenancy dispute | 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 4778200 — net $4,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 29 February 2024	$4,550.00	Rent owing to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,570.44
Total payable by Tenant to Landlord	$4,570.44

Claims and awards for application 4778200 — net $4,570.44 NZD. Verify on MoJ.

Rent owing to 29 February 2024

Amount: $4,550.00
Awarded to: Landlord
Reason: Rent owing to 29 February 2024

Filing fee reimbursement

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

Net award

Landlord $4,570.44

Total payable by Tenant to Landlord

Landlord $4,570.44

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Nikita Turnbull at 511 Hauraki Road, Turua, Turua 3574 is terminated, and possession is granted to Jacqueline Maria Lang and Curly Lang, at 5pm on Friday, 8 March 2024.
Nikita Turnbull must pay Jacqueline Maria Lang and Curly Lang $4,570.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent owing to 29 February 2024$4,550.00 Filing fee reimbursement$20.44 Total award$4,570.44 Total payable by Tenant to Landlord$4,570.44

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord made the application on the basis that it had issued 3 notices for recidivist rent arrears and/or that rent was 21 days in arrears at the date of the application.
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 not served notices on the tenant as required in the Residential Tenancies Act 1986. I could not consider an application for termination under s55(1)(aa) RTA.
However, rent was at least 21 days in arrears on the date the application was filed. The tenant accepted that the tenancy would be terminated. I adopted the termination date of 8 March, proposed by the landlord. See section 55(1)(a) Residential Tenancies Act 1986. The tenant undertook to pay weekly rent due this Friday for the period to 8 March 2024.
The landlord provided rent records which prove the amount owing to 29 February 2024. I had some difficulty with the rent summaries submitted by the landlord. However, I am satisfied that the rent owing to 29 February 2024 is $4,550. The landlord has not lodged the bond and, on its most recent summary has applied the bond towards outstanding rent. I have adopted that position.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal application 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 4778200 — net $4,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 29 February 2024	$4,550.00	Rent owing to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,570.44
Total payable by Tenant to Landlord	$4,570.44

Claims and awards for application 4778200 — net $4,570.44 NZD. Verify on MoJ.

Rent owing to 29 February 2024

Amount: $4,550.00
Awarded to: Landlord
Reason: Rent owing to 29 February 2024

Filing fee reimbursement

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

Net award

Landlord $4,570.44

Total payable by Tenant to Landlord

Landlord $4,570.44

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Nikita Turnbull at 511 Hauraki Road, Turua, Turua 3574 is terminated, and possession is granted to Jacqueline Maria Lang and Curly Lang, at 5pm on Friday, 8 March 2024.
Nikita Turnbull must pay Jacqueline Maria Lang and Curly Lang $4,570.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent owing to 29 February 2024$4,550.00 Filing fee reimbursement$20.44 Total award$4,570.44 Total payable by Tenant to Landlord$4,570.44

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord made the application on the basis that it had issued 3 notices for recidivist rent arrears and/or that rent was 21 days in arrears at the date of the application.
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 not served notices on the tenant as required in the Residential Tenancies Act 1986. I could not consider an application for termination under s55(1)(aa) RTA.
However, rent was at least 21 days in arrears on the date the application was filed. The tenant accepted that the tenancy would be terminated. I adopted the termination date of 8 March, proposed by the landlord. See section 55(1)(a) Residential Tenancies Act 1986. The tenant undertook to pay weekly rent due this Friday for the period to 8 March 2024.
The landlord provided rent records which prove the amount owing to 29 February 2024. I had some difficulty with the rent summaries submitted by the landlord. However, I am satisfied that the rent owing to 29 February 2024 is $4,550. The landlord has not lodged the bond and, on its most recent summary has applied the bond towards outstanding rent. I have adopted that position.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4778200 — Tenancy dispute at 511 Hauraki Road, Turua, Turua 3574

At a glance

Tenancy Tribunal case 4778200 — Tenancy dispute at 511 Hauraki Road, Turua, Turua 3574

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions