What was the outcome of Tenancy Tribunal case 4798718?

The tribunal order states: The tenancy of Stacey James Mikara at 149 Teviot Street, Appleby, Invercargill

How much money was awarded in case 4798718?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,635.71 awarded to landlord

What type of tenancy dispute was case 4798718?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4798718?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10492233-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4798718?

The tribunal order states: The tenancy of Stacey James Mikara at 149 Teviot Street, Appleby, Invercargill

How much money was awarded in case 4798718?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,635.71 awarded to landlord

What type of tenancy dispute was case 4798718?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4798718?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10492233-Tenancy_Tribunal_Order.pdf.

149 Teviot Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4798718 — Rent arrears

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149 Teviot Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4798718 — 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 4798718 — net $1,936.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 23.6.24	$3,635.71	Rent arrears owing as at 23.6.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,936.15
Total payable by Tenant to Landlord	$1,936.15

Claims and awards for application 4798718 — net $1,936.15 NZD. Verify on MoJ.

Rent arrears owing as at 23.6.24

Amount: $3,635.71
Awarded to: Landlord
Reason: Rent arrears owing as at 23.6.24

Filing fee reimbursement

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

Net award

Landlord $1,936.15

Total payable by Tenant to Landlord

Landlord $1,936.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Stacey James Mikara at 149 Teviot Street, Appleby, Invercargill 9812 is terminated, and possession is granted to Pride Property Management Limited as agent for David Leon, at 6 pm 24 June 2024.
The Bond Centre is to pay the bond of $1,720.00 (6500896-005) to Pride Property Management Limited as agent for David Leon immediately.
Stacey James Mikara must pay Pride Property Management Limited as agent for David Leon $1,936.15 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided, but the calls went unanswered. I was satisfied adequate service had been completed and I continued with the hearing in the tenant’s absence.
The landlord had initially sought an order for the rent arrears only as the rent arrears owed at the time the application was filed was only $380.00. The original hearing scheduled for 3 May 2024 could not proceed due to a fire alarm sounding at the time of the hearing, so the matter was adjourned. At the next hearing, the tribunal varied the application for the landlord to apply for termination, given the rent arrears had not been paid and were increasing.
The landlord issued a 14 day notice on 6 June 2024. No payment has been received and the rent arrears are now at the level ordered above.
The landlord wants an order for termination.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to comply with the 14 day notice referred to above.
It would be inequitable to refuse to terminate the tenancy because there has been no payment now since early May and the arrears are now at the level stated above.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing, as ordered above.
Because Pride Property Management Limited as agent for David Leon has wholly succeeded with the claim I must 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 4798718 — net $1,936.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 23.6.24	$3,635.71	Rent arrears owing as at 23.6.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,936.15
Total payable by Tenant to Landlord	$1,936.15

Claims and awards for application 4798718 — net $1,936.15 NZD. Verify on MoJ.

Rent arrears owing as at 23.6.24

Amount: $3,635.71
Awarded to: Landlord
Reason: Rent arrears owing as at 23.6.24

Filing fee reimbursement

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

Net award

Landlord $1,936.15

Total payable by Tenant to Landlord

Landlord $1,936.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Stacey James Mikara at 149 Teviot Street, Appleby, Invercargill 9812 is terminated, and possession is granted to Pride Property Management Limited as agent for David Leon, at 6 pm 24 June 2024.
The Bond Centre is to pay the bond of $1,720.00 (6500896-005) to Pride Property Management Limited as agent for David Leon immediately.
Stacey James Mikara must pay Pride Property Management Limited as agent for David Leon $1,936.15 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided, but the calls went unanswered. I was satisfied adequate service had been completed and I continued with the hearing in the tenant’s absence.
The landlord had initially sought an order for the rent arrears only as the rent arrears owed at the time the application was filed was only $380.00. The original hearing scheduled for 3 May 2024 could not proceed due to a fire alarm sounding at the time of the hearing, so the matter was adjourned. At the next hearing, the tribunal varied the application for the landlord to apply for termination, given the rent arrears had not been paid and were increasing.
The landlord issued a 14 day notice on 6 June 2024. No payment has been received and the rent arrears are now at the level ordered above.
The landlord wants an order for termination.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to comply with the 14 day notice referred to above.
It would be inequitable to refuse to terminate the tenancy because there has been no payment now since early May and the arrears are now at the level stated above.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing, as ordered above.
Because Pride Property Management Limited as agent for David Leon has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4798718 — Rent arrears at 149 Teviot Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 4798718 — Rent arrears at 149 Teviot Street, Appleby, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions