What was the outcome of Tenancy Tribunal case 4795299?

The tribunal order states: Andrew Sturge owes Clear Property Management Limited As Agent Fro Jared

How much money was awarded in case 4795299?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,628.57 awarded to landlord; Water Rates: $270.86 awarded to landlord

What type of tenancy dispute was case 4795299?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4795299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10180938-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4795299?

The tribunal order states: Andrew Sturge owes Clear Property Management Limited As Agent Fro Jared

How much money was awarded in case 4795299?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,628.57 awarded to landlord; Water Rates: $270.86 awarded to landlord

What type of tenancy dispute was case 4795299?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4795299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10180938-Tenancy_Tribunal_Order.pdf.

125A Abbotts Way, Remuera, Auckland 1050 Tenancy Tribunal Case 4795299 — Rent arrears

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125A Abbotts Way, Remuera, Auckland 1050 Tenancy Tribunal Case 4795299 — 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 4795299 — net $10,919.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09/04/2024	$10,628.57	Rent arrears to 09/04/2024
Water rates to 09/04/2024	$270.86	Water rates to 09/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,919.87
Total payable by Tenant to Landlord	$10,919.87

Claims and awards for application 4795299 — net $10,919.87 NZD. Verify on MoJ.

Rent arrears to 09/04/2024

Amount: $10,628.57
Awarded to: Landlord
Reason: Rent arrears to 09/04/2024

Water rates to 09/04/2024

Amount: $270.86
Awarded to: Landlord
Reason: Water rates to 09/04/2024

Filing fee reimbursement

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

Net award

Landlord $10,919.87

Total payable by Tenant to Landlord

Landlord $10,919.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Andrew Sturge owes Clear Property Management Limited As Agent Fro Jared Sue & Cheryin Goh $10,919.87 (“the debt”).
Andrew Sturge must pay the debt in full by 5:00 pm Tuesday 21 st May 2024.
Andrew Sturge must also pay the weekly rent each week so that the debt does not increase any further.
If the tenant fails to pay the weekly rent and the debt within 2 working days of the due dates: a. The tenancy at 125A Abbotts Way, Remuera, Auckland 1050 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenant said that he was in the final stages of having his ACC backpay reviewed and was confident that he will be able to pay the debt off in full within 6 weeks.
There was a time last year where the tenant was in significant arrears but have paid it off in full as per a mediated order.
The tenant said there were things outside of his control that caused the tenant to fall into arrears and that it was an extraordinary time for him.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
I note that if the tenant falls into any significant arrears again after this order has been complied with, it will be hard for the Tribunal to find that the tenant is unlikely to commit any further relevant breach in the future. The tenant is to treat this as a final warning.
Because Clear Property Management Limited As Agent Fro Jared Sue & Cheryin Goh has substantially succeeded with the claim, the tenant has to 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 4795299 — net $10,919.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09/04/2024	$10,628.57	Rent arrears to 09/04/2024
Water rates to 09/04/2024	$270.86	Water rates to 09/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,919.87
Total payable by Tenant to Landlord	$10,919.87

Claims and awards for application 4795299 — net $10,919.87 NZD. Verify on MoJ.

Rent arrears to 09/04/2024

Amount: $10,628.57
Awarded to: Landlord
Reason: Rent arrears to 09/04/2024

Water rates to 09/04/2024

Amount: $270.86
Awarded to: Landlord
Reason: Water rates to 09/04/2024

Filing fee reimbursement

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

Net award

Landlord $10,919.87

Total payable by Tenant to Landlord

Landlord $10,919.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Andrew Sturge owes Clear Property Management Limited As Agent Fro Jared Sue & Cheryin Goh $10,919.87 (“the debt”).
Andrew Sturge must pay the debt in full by 5:00 pm Tuesday 21 st May 2024.
Andrew Sturge must also pay the weekly rent each week so that the debt does not increase any further.
If the tenant fails to pay the weekly rent and the debt within 2 working days of the due dates: a. The tenancy at 125A Abbotts Way, Remuera, Auckland 1050 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenant said that he was in the final stages of having his ACC backpay reviewed and was confident that he will be able to pay the debt off in full within 6 weeks.
There was a time last year where the tenant was in significant arrears but have paid it off in full as per a mediated order.
The tenant said there were things outside of his control that caused the tenant to fall into arrears and that it was an extraordinary time for him.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
I note that if the tenant falls into any significant arrears again after this order has been complied with, it will be hard for the Tribunal to find that the tenant is unlikely to commit any further relevant breach in the future. The tenant is to treat this as a final warning.
Because Clear Property Management Limited As Agent Fro Jared Sue & Cheryin Goh has substantially succeeded with the claim, the tenant has to reimburse the filing fee.

Tenancy Tribunal case 4795299 — Rent arrears at 125A Abbotts Way, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4795299 — Rent arrears at 125A Abbotts Way, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions