What was the outcome of Tenancy Tribunal case 4789980?

The tribunal order states: The tenancy of Harry Boyd and Dion Gallagher at 33 Evans Road, Glen Eden,

How much money was awarded in case 4789980?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,000.00 awarded to landlord; Water Rates: $738.45 awarded to landlord

What type of tenancy dispute was case 4789980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073179-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789980?

The tribunal order states: The tenancy of Harry Boyd and Dion Gallagher at 33 Evans Road, Glen Eden,

How much money was awarded in case 4789980?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,000.00 awarded to landlord; Water Rates: $738.45 awarded to landlord

What type of tenancy dispute was case 4789980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073179-Tenancy_Tribunal_Order.pdf.

33 Evans Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4789980 — Rent arrears

Claims and awards in Tenancy Tribunal application 4789980 — net $4,758.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/03/2024	$7,000.00	9. Another email from Harry Boyd’s account states that the rent is in arrears because the landlord agreed to provide the tenants with a receipt for the bond an…
Water rates to 28 ?02/2024	$738.45	10. With one tenant in hospital for an undefined period and the other in jail, it is reasonably foreseeable that the rent and water rates arrears will continue…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,758.89
Total payable by Tenant to Landlord	$4,758.89

Order

The tenancy of Harry Boyd and Dion Gallagher at 33 Evans Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Happy Fish Limited, at 11:59pm on Tuesday 12 March 2024.
Pursuant to section 138 of the District Court Act 2016, proceedings to enforce a judgment or an order may not be commenced unless at least 48 hours have expired after the judgment was entered or the order was made, or a judicial officer grants leave. I grant leave to the landlord to enforce the possession order immediately, as it has provided evidence that there is a significant risk the property will incur further damage and the tenants do not have the financial means to repay the cost of any further damage to the property.
The Bond Centre is to pay the bond of $3,000.00 (6503006-010) to Happy Fish Limited immediately.
Harry Boyd and Dion Gallagher must pay Happy Fish Limited $4,758.89 immediately, calculated as shown in the table below:

Reasons

Attendance at the hearing.

The landlord attended the hearing. The tenants did not.
Harry Boyd contacted the Tribunal by email this morning to update the Tribunal with his mobile phone details. He made an email application to attend the hearing by phone.
I granted that application.
When the registrar called the phone number, it rang once and cut straight off as though the number is not active.
The registrar tried the alternative mobile number Harry Boyd had provided to the Tribunal on 21 February 2024. It has been disconnected.
The registrar also tried to call Dion Gallagher on the mobile number provided and it went straight to voice mail twice.
I emailed Harry Boyd at the start of the hearing to check the mobile number he had given today was correct and to let him know I was trying to call to bring him in to the hearing.
I received several emails in response from Harry’s email address, one of which contained a medical certificate that confirmed Harry Boyd is currently in Auckland Hospital after a motorcycle accident and there is no planned discharge date for him at this time. In addition, this email states that Harry Boyd is not well enough to attend the hearing remotely today. A further email confirmed that Dion Gallagher is in jail and is also unable to attend the hearing and requests the hearing be adjourned.
Another email from Harry Boyd’s account states that the rent is in arrears because the landlord agreed to provide the tenants with a receipt for the bond and they had not received the receipt. I informed Harry Boyd that this is not a defence to $7,000.00 of rent arrears and $738.45 of water rates arrears and that he could make a separate claim against the landlord for any alleged breach of the landlord’s obligations to the tenants. I also confirmed that in the absence of proof from the tenant the rent was no longer in arrears because the rent was more than 21 days in arrears at the date of the landlord’s application for termination and possession, that I have no discretion to refuse to terminate the tenancy and grant the landlord possession. Harry Boyd did not refute the rent was still in significant arrears nor that the water rates were also still in significant arrears. The rent summary shows the rent has been paid twice in the last nine weeks and has not been up to date since 20 November 2023.
With one tenant in hospital for an undefined period and the other in jail, it is reasonably foreseeable that the rent and water rates arrears will continue to accrue if I adjourn today’s hearing and have a new hearing date set down. Even if I was to adjourn the hearing, the Tribunal has no information on when either tenant would be available to attend a new hearing date.
In addition, the landlord is not the owner of the property and the landlord’s interest in the property are due to end in 3 weeks.
I am satisfied that it would be inequitable not to proceed with the hearing in the tenants’ absence for the reasons outlined above, and that the tenants’ breaches of their s40(1)(a) of the RTA obligations to pay rent on time is of such a nature that it would also be inequitable to refuse to make an order terminating the tenancy. (Refer to s56(1)(c) of the RTA). Landlord claims
The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, refund of the bond and reimbursement of the filing fee. Reduction in time to enforce the Tribunal Order for possession.
Pursuant to section 138 of the District Court Act 2016, proceedings to enforce a judgment or an order may not be commenced unless at least 48 hours have expired after the judgment was entered or the order was made, or a judicial officer grant’s leave.
After giving due consideration to the context of the landlord’s request and the likely impact on the tenants of not having 48 hours’ notice to vacate the premises, I grant leave to the landlord to enforce the possession order immediately, as it has provided evidence that there is a significant risk the property will incur further damage and the tenants do not have the financial means to repay the cost of any further damage to the property.
Photographic and video evidence shows the tenants have: a. Tagged the garage, the heat pump in the lounge and the internal walls; b. Smashed up some of the cabinetry in the backyard; c. Smashed and boarded up the glass in the front door; d. Smashed and tapped up broken windows throughout the house; e. Erected walls in the basement without permission; f. Erected a six-foot fence and high gate with a padlock to prevent landlord access; g. Had persons firing fireworks at the property as part of a war with the tenants that have caused damage to the premsies.
In addition, an email this afternoon from Harry Boyd’s father, using Harry Boyd’s email address, confirms that one tenant is in hospital for an undefined period and the other one is in jail. Therefore, the persons currently in possession of the property are not the tenants and have no legal right to reside there. Termination of tenancy
Rent was at least 21 days in arrears on the date the application was filed. 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 law is strict, if a tenant is in rent arrears of more than 21 days at the date of application to the Tribunal and is still in arrears at the date of hearing, the Tribunal must terminate the tenancy.
The tenants have not provided any evidence to prove that the rent and water rates are up to date and the rent and water rates summaries provided by the landlord are incorrect.
The landlord has provided rent and water rate summaries that are supported by its bank statements. The evidence supports the landlord’s claim.
The tenancy ends at 11:59pm tonight at which time possession passes back to the landlord. Reimbursement of the filing fee
Because Happy Fish Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4789980 — net $4,758.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/03/2024	$7,000.00	9. Another email from Harry Boyd’s account states that the rent is in arrears because the landlord agreed to provide the tenants with a receipt for the bond an…
Water rates to 28 ?02/2024	$738.45	10. With one tenant in hospital for an undefined period and the other in jail, it is reasonably foreseeable that the rent and water rates arrears will continue…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,758.89
Total payable by Tenant to Landlord	$4,758.89

Order

The tenancy of Harry Boyd and Dion Gallagher at 33 Evans Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Happy Fish Limited, at 11:59pm on Tuesday 12 March 2024.
Pursuant to section 138 of the District Court Act 2016, proceedings to enforce a judgment or an order may not be commenced unless at least 48 hours have expired after the judgment was entered or the order was made, or a judicial officer grants leave. I grant leave to the landlord to enforce the possession order immediately, as it has provided evidence that there is a significant risk the property will incur further damage and the tenants do not have the financial means to repay the cost of any further damage to the property.
The Bond Centre is to pay the bond of $3,000.00 (6503006-010) to Happy Fish Limited immediately.
Harry Boyd and Dion Gallagher must pay Happy Fish Limited $4,758.89 immediately, calculated as shown in the table below:

Reasons

Attendance at the hearing.

The landlord attended the hearing. The tenants did not.
Harry Boyd contacted the Tribunal by email this morning to update the Tribunal with his mobile phone details. He made an email application to attend the hearing by phone.
I granted that application.
When the registrar called the phone number, it rang once and cut straight off as though the number is not active.
The registrar tried the alternative mobile number Harry Boyd had provided to the Tribunal on 21 February 2024. It has been disconnected.
The registrar also tried to call Dion Gallagher on the mobile number provided and it went straight to voice mail twice.
I emailed Harry Boyd at the start of the hearing to check the mobile number he had given today was correct and to let him know I was trying to call to bring him in to the hearing.
I received several emails in response from Harry’s email address, one of which contained a medical certificate that confirmed Harry Boyd is currently in Auckland Hospital after a motorcycle accident and there is no planned discharge date for him at this time. In addition, this email states that Harry Boyd is not well enough to attend the hearing remotely today. A further email confirmed that Dion Gallagher is in jail and is also unable to attend the hearing and requests the hearing be adjourned.
Another email from Harry Boyd’s account states that the rent is in arrears because the landlord agreed to provide the tenants with a receipt for the bond and they had not received the receipt. I informed Harry Boyd that this is not a defence to $7,000.00 of rent arrears and $738.45 of water rates arrears and that he could make a separate claim against the landlord for any alleged breach of the landlord’s obligations to the tenants. I also confirmed that in the absence of proof from the tenant the rent was no longer in arrears because the rent was more than 21 days in arrears at the date of the landlord’s application for termination and possession, that I have no discretion to refuse to terminate the tenancy and grant the landlord possession. Harry Boyd did not refute the rent was still in significant arrears nor that the water rates were also still in significant arrears. The rent summary shows the rent has been paid twice in the last nine weeks and has not been up to date since 20 November 2023.
With one tenant in hospital for an undefined period and the other in jail, it is reasonably foreseeable that the rent and water rates arrears will continue to accrue if I adjourn today’s hearing and have a new hearing date set down. Even if I was to adjourn the hearing, the Tribunal has no information on when either tenant would be available to attend a new hearing date.
In addition, the landlord is not the owner of the property and the landlord’s interest in the property are due to end in 3 weeks.
I am satisfied that it would be inequitable not to proceed with the hearing in the tenants’ absence for the reasons outlined above, and that the tenants’ breaches of their s40(1)(a) of the RTA obligations to pay rent on time is of such a nature that it would also be inequitable to refuse to make an order terminating the tenancy. (Refer to s56(1)(c) of the RTA). Landlord claims
The landlord has applied for termination of the tenancy, possession, rent and water rates arrears, refund of the bond and reimbursement of the filing fee. Reduction in time to enforce the Tribunal Order for possession.
Pursuant to section 138 of the District Court Act 2016, proceedings to enforce a judgment or an order may not be commenced unless at least 48 hours have expired after the judgment was entered or the order was made, or a judicial officer grant’s leave.
After giving due consideration to the context of the landlord’s request and the likely impact on the tenants of not having 48 hours’ notice to vacate the premises, I grant leave to the landlord to enforce the possession order immediately, as it has provided evidence that there is a significant risk the property will incur further damage and the tenants do not have the financial means to repay the cost of any further damage to the property.
Photographic and video evidence shows the tenants have: a. Tagged the garage, the heat pump in the lounge and the internal walls; b. Smashed up some of the cabinetry in the backyard; c. Smashed and boarded up the glass in the front door; d. Smashed and tapped up broken windows throughout the house; e. Erected walls in the basement without permission; f. Erected a six-foot fence and high gate with a padlock to prevent landlord access; g. Had persons firing fireworks at the property as part of a war with the tenants that have caused damage to the premsies.
In addition, an email this afternoon from Harry Boyd’s father, using Harry Boyd’s email address, confirms that one tenant is in hospital for an undefined period and the other one is in jail. Therefore, the persons currently in possession of the property are not the tenants and have no legal right to reside there. Termination of tenancy
Rent was at least 21 days in arrears on the date the application was filed. 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 law is strict, if a tenant is in rent arrears of more than 21 days at the date of application to the Tribunal and is still in arrears at the date of hearing, the Tribunal must terminate the tenancy.
The tenants have not provided any evidence to prove that the rent and water rates are up to date and the rent and water rates summaries provided by the landlord are incorrect.
The landlord has provided rent and water rate summaries that are supported by its bank statements. The evidence supports the landlord’s claim.
The tenancy ends at 11:59pm tonight at which time possession passes back to the landlord. Reimbursement of the filing fee
Because Happy Fish Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4789980 — Rent arrears at 33 Evans Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4789980 — Rent arrears at 33 Evans Road, Glen Eden, Auckland 0602

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