What was the outcome of Tenancy Tribunal case 4779204?

The tribunal order states: The tenancy of Julie Veronica-Anne Farrell and Stephen Mark Powell at 162

How much money was awarded in case 4779204?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,035.71 awarded to landlord

What type of tenancy dispute was case 4779204?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4779204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9923738-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4779204?

The tribunal order states: The tenancy of Julie Veronica-Anne Farrell and Stephen Mark Powell at 162

How much money was awarded in case 4779204?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,035.71 awarded to landlord

What type of tenancy dispute was case 4779204?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4779204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9923738-Tenancy_Tribunal_Order.pdf.

162 Luckens Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4779204 — Rent arrears

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162 Luckens Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4779204 — 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 4779204 — net $4,256.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 Feb 2024	$6,035.71	Rent arrears as at 7 Feb 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,256.15
Total payable by Tenant to Landlord	$4,256.15

Claims and awards for application 4779204 — net $4,256.15 NZD. Verify on MoJ.

Rent arrears as at 7 Feb 2024

Amount: $6,035.71
Awarded to: Landlord
Reason: Rent arrears as at 7 Feb 2024

Filing fee reimbursement

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

Net award

Landlord $4,256.15

Total payable by Tenant to Landlord

Landlord $4,256.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Julie Veronica-Anne Farrell and Stephen Mark Powell at 162 Luckens Road, West Harbour, Auckland 0618 is terminated, and possession is granted to Auckland City-Living Management Limited Acting Agent For Lie Cai, at 11.59pm on Wednesday 7 February 2024.
The Bond Centre is to pay the bond of $1,800.00 (3270457-010) to Auckland City-Living Management Limited Acting Agent For Lie Cai immediately.
Julie Veronica-Anne Farrell and Stephen Mark Powell must pay Auckland City- Living Management Limited Acting Agent For Lie Cai $4,256.15 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by way of video conferencing. Both tenants were unable to connect to the video hearing but they did attend by telephone.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed and so the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing as at today’s date - $6,035.71.
I note that at today’s hearing Mr Powell advised that he had been paying rent to Ms Farrell but that these had not been passed on to the landlord. He also stated that he understood that Ms Farrell was the head tenant and so therefore responsible for paying the rent to the landlord.
However, the tenancy agreement records both Ms Farrell and Mr Powell as tenants. There is nothing in the agreement, that was signed by both tenants, to intimate that one was a head tenant and responsible for rent payments. This means that both tenants are jointly and separately liable for the whole of the arrears.
I also note that Ms Farrell stated that WINZ would be making a payment of approximately $2,500.00 towards the rent and that she would be putting $1,000.00 into the landlord’s account tonight.
However, as at today’s hearing the rent is well more than 21 days in arrears and so the Tribunal must terminate the tenancy.
Further to this, because Auckland City-Living Management Limited Acting Agent For Lie Cai has wholly succeeded with the claim I must order the tenants to reimburse them the filing fee. C ter Haar 07 February 2024

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 4779204 — net $4,256.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 7 Feb 2024	$6,035.71	Rent arrears as at 7 Feb 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,256.15
Total payable by Tenant to Landlord	$4,256.15

Claims and awards for application 4779204 — net $4,256.15 NZD. Verify on MoJ.

Rent arrears as at 7 Feb 2024

Amount: $6,035.71
Awarded to: Landlord
Reason: Rent arrears as at 7 Feb 2024

Filing fee reimbursement

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

Net award

Landlord $4,256.15

Total payable by Tenant to Landlord

Landlord $4,256.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Julie Veronica-Anne Farrell and Stephen Mark Powell at 162 Luckens Road, West Harbour, Auckland 0618 is terminated, and possession is granted to Auckland City-Living Management Limited Acting Agent For Lie Cai, at 11.59pm on Wednesday 7 February 2024.
The Bond Centre is to pay the bond of $1,800.00 (3270457-010) to Auckland City-Living Management Limited Acting Agent For Lie Cai immediately.
Julie Veronica-Anne Farrell and Stephen Mark Powell must pay Auckland City- Living Management Limited Acting Agent For Lie Cai $4,256.15 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by way of video conferencing. Both tenants were unable to connect to the video hearing but they did attend by telephone.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed and so the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing as at today’s date - $6,035.71.
I note that at today’s hearing Mr Powell advised that he had been paying rent to Ms Farrell but that these had not been passed on to the landlord. He also stated that he understood that Ms Farrell was the head tenant and so therefore responsible for paying the rent to the landlord.
However, the tenancy agreement records both Ms Farrell and Mr Powell as tenants. There is nothing in the agreement, that was signed by both tenants, to intimate that one was a head tenant and responsible for rent payments. This means that both tenants are jointly and separately liable for the whole of the arrears.
I also note that Ms Farrell stated that WINZ would be making a payment of approximately $2,500.00 towards the rent and that she would be putting $1,000.00 into the landlord’s account tonight.
However, as at today’s hearing the rent is well more than 21 days in arrears and so the Tribunal must terminate the tenancy.
Further to this, because Auckland City-Living Management Limited Acting Agent For Lie Cai has wholly succeeded with the claim I must order the tenants to reimburse them the filing fee. C ter Haar 07 February 2024

Tenancy Tribunal case 4779204 — Rent arrears at 162 Luckens Road, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4779204 — Rent arrears at 162 Luckens Road, West Harbour, Auckland 0618

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