What was the outcome of Tenancy Tribunal case 4785058?

The tribunal order states: The tenancy of Harshit Gupta and Sunakshi Subedi at 222A Campbell Road,

How much money was awarded in case 4785058?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,735.71 awarded to landlord

What type of tenancy dispute was case 4785058?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9944439-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785058?

The tribunal order states: The tenancy of Harshit Gupta and Sunakshi Subedi at 222A Campbell Road,

How much money was awarded in case 4785058?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,735.71 awarded to landlord

What type of tenancy dispute was case 4785058?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9944439-Tenancy_Tribunal_Order.pdf.

222A Campbell Road, Greenlane, Auckland 1061 Tenancy Tribunal Case 4785058 — Rent arrears

Claims and awards in Tenancy Tribunal application 4785058. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,735.71		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenancy of Harshit Gupta and Sunakshi Subedi at 222A Campbell Road, Greenlane, Auckland 1061 is terminated, and possession is granted to Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust, at 11:59pm on Monday 12 February 2024.
The Bond Centre is to pay the bond of $1,700.00 (6389475-001) to Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust immediately.
The Bond Centre is to pay the bond of $850.00 (6389475-001) to Liam Thomas Buttner immediately.
The Bond Centre is to pay the bond of $850.00 (6389475-001) to Thomas Marshall immediately.
Harshit Gupta and Sunakshi Subedi and are pay Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust $56.15 immediately as calculated and shown in the table below:

Reasons

The landlord, Harshit Gupta and Sunakshi Subedi attended the hearing.
Liam Thomas Buttner and Thomas Marshall gave notice to the landlord on 17 December 2023 that they wanted to end their tenancy on 17 January 2024. The landlord accepted their notice and removed them from the tenancy agreement on 17 January 2024. They had not received their bond back as this matter was on foot and the landlord was not sure of how to reimburse part of the bond to these two tenants and hold the remaining $1,700.00 of bond in the Bond Centre that is held in trust for the remaining two tenants.
I have ordered that the $850.00 bond paid by and held for Liam Thomas Buttner and Thomas Marshall be repaid to them and the remaining $1,700.00 bond to be paid to the landlord to offset the $1,735.71 rent arrears owed by Harshit Gupta and Sunakshi Subedi.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the application fee.
Harshit Gupta and Sunakshi Subedi’s rent was at least 21 days in arrears on the date the application was filed and on the date of this hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenants applied to the Tribunal to stop the landlord terminating their tenancy as they claim the landlord is not entitled to do so.
Section 60AA of the Residential Tenancies Act 1986 confirms “A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application”.
The Landlord did not give the tenants notice terminating their tenancy, it enquired whether the tenants were going to terminate their tenancy or pay the full rent owing under the tenancy agreement and remain in the premises.
The tenants complained that they had tried to find new tenants to have Liam Thomas Buttner and Thomas Marshall’s leases reassigned to them and that the landlord had taken from 26 December 2023 to 10 January 2024 to decline the first proposed new tenant’s application to be reassigned to the lease and that the existing tenants should not be responsible for the full rent owing while they were trying to find new tenants to be reassigned to the lease.
The landlord had explained to the tenants that they were responsible for the full rent until new tenants were reassigned to the lease or the tenants moved out. The tenants did not appear to comprehend that they were legally responsible for payment of the full $900 rent per week from 18 January 2024 when the other two tenants were removed from the tenancy agreement and released from all obligations relating to the tenancy. I tried to explain the same facts to the tenants who still at the end of the hearing appeared not to comprehend their legal liability to pay the full $900.00 per week rent from 18 January 2024.
The landlord asked the tenants if they would be agreeable to a move out date of one week from today, instead of the Tribunal terminating their tenancy today and enforcing the Order in 48 hours from today. The tenants did not agree to the one-week extension of time to move out of the premises, therefore I have ordered the tenancy to be terminated at 11:59pm today. The tenants understand that the landlord can take this possession order and apply for an eviction warrant to have them evicted, at their own expense, any time after 48 hours from the date of this Order if they have not returned possession to the landlord by 11:59pm on Wednesday 14 February 2024.
The tenants application under s60AA of the Residential Tenancies Act 1986 is dismissed for lack of evidence to support its claim. Reimbursement of the filing fee
Because Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust has wholly succeeded with the claim I must reimburse the filing fee. The tenants have not succeed with their claim so their application for reimbursement of the filing fee is dismissed.

Claims and awards in Tenancy Tribunal application 4785058. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,735.71		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenancy of Harshit Gupta and Sunakshi Subedi at 222A Campbell Road, Greenlane, Auckland 1061 is terminated, and possession is granted to Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust, at 11:59pm on Monday 12 February 2024.
The Bond Centre is to pay the bond of $1,700.00 (6389475-001) to Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust immediately.
The Bond Centre is to pay the bond of $850.00 (6389475-001) to Liam Thomas Buttner immediately.
The Bond Centre is to pay the bond of $850.00 (6389475-001) to Thomas Marshall immediately.
Harshit Gupta and Sunakshi Subedi and are pay Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust $56.15 immediately as calculated and shown in the table below:

Reasons

The landlord, Harshit Gupta and Sunakshi Subedi attended the hearing.
Liam Thomas Buttner and Thomas Marshall gave notice to the landlord on 17 December 2023 that they wanted to end their tenancy on 17 January 2024. The landlord accepted their notice and removed them from the tenancy agreement on 17 January 2024. They had not received their bond back as this matter was on foot and the landlord was not sure of how to reimburse part of the bond to these two tenants and hold the remaining $1,700.00 of bond in the Bond Centre that is held in trust for the remaining two tenants.
I have ordered that the $850.00 bond paid by and held for Liam Thomas Buttner and Thomas Marshall be repaid to them and the remaining $1,700.00 bond to be paid to the landlord to offset the $1,735.71 rent arrears owed by Harshit Gupta and Sunakshi Subedi.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the application fee.
Harshit Gupta and Sunakshi Subedi’s rent was at least 21 days in arrears on the date the application was filed and on the date of this hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenants applied to the Tribunal to stop the landlord terminating their tenancy as they claim the landlord is not entitled to do so.
Section 60AA of the Residential Tenancies Act 1986 confirms “A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application”.
The Landlord did not give the tenants notice terminating their tenancy, it enquired whether the tenants were going to terminate their tenancy or pay the full rent owing under the tenancy agreement and remain in the premises.
The tenants complained that they had tried to find new tenants to have Liam Thomas Buttner and Thomas Marshall’s leases reassigned to them and that the landlord had taken from 26 December 2023 to 10 January 2024 to decline the first proposed new tenant’s application to be reassigned to the lease and that the existing tenants should not be responsible for the full rent owing while they were trying to find new tenants to be reassigned to the lease.
The landlord had explained to the tenants that they were responsible for the full rent until new tenants were reassigned to the lease or the tenants moved out. The tenants did not appear to comprehend that they were legally responsible for payment of the full $900 rent per week from 18 January 2024 when the other two tenants were removed from the tenancy agreement and released from all obligations relating to the tenancy. I tried to explain the same facts to the tenants who still at the end of the hearing appeared not to comprehend their legal liability to pay the full $900.00 per week rent from 18 January 2024.
The landlord asked the tenants if they would be agreeable to a move out date of one week from today, instead of the Tribunal terminating their tenancy today and enforcing the Order in 48 hours from today. The tenants did not agree to the one-week extension of time to move out of the premises, therefore I have ordered the tenancy to be terminated at 11:59pm today. The tenants understand that the landlord can take this possession order and apply for an eviction warrant to have them evicted, at their own expense, any time after 48 hours from the date of this Order if they have not returned possession to the landlord by 11:59pm on Wednesday 14 February 2024.
The tenants application under s60AA of the Residential Tenancies Act 1986 is dismissed for lack of evidence to support its claim. Reimbursement of the filing fee
Because Gralin Property Management (Auckland Central) Limited As Agent For Fang Liu & Fen Liu Trustees Of The Yufeng Family Trust has wholly succeeded with the claim I must reimburse the filing fee. The tenants have not succeed with their claim so their application for reimbursement of the filing fee is dismissed.

Tenancy Tribunal case 4785058 — Rent arrears at 222A Campbell Road, Greenlane, Auckland 1061

At a glance

Tenancy Tribunal case 4785058 — Rent arrears at 222A Campbell Road, Greenlane, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions