How much money was awarded in case 4800021?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,022.86 awarded to landlord

What type of tenancy dispute was case 4800021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4800021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10085293-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4800021?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,022.86 awarded to landlord

What type of tenancy dispute was case 4800021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4800021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10085293-Tenancy_Tribunal_Order.pdf.

20 Wellington Street, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 4800021 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4800021?

The tribunal order states: The tenancy of Steven Leslie Perrow at 20 Wellington Street, Phillipstown,

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Order

Claims and awards in Tenancy Tribunal application 4800021 — net $4,043.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2024	$4,022.86	Rent arrears to 14 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,043.30
Total payable by Tenant to Landlord	$4,043.30

The tenancy of Steven Leslie Perrow at 20 Wellington Street, Phillipstown, Christchurch 8011 is terminated, and possession is granted to Mahendran Jaganathan, at 5pm on Thursday 14 March 2024.

For the avoidance of any doubt, this order entitles the landlord to take possession of the bedroom occupied the tenant. It does not entitle the landlord to take possession of the premises as against any other lawful occupier of them.

Steven Leslie Perrow must pay Mahendran Jaganathan $4,043.30 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy and rent arrears. No bond was paid.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated under 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 tenant did not dispute the landlord’s rent record.

More needs to be said about this case. The tenant said that he left the premises shortly before Christmas 2023 due to the poor condition of the premises and the facilities and the actions of the landlord which he said interfered with his quiet enjoyment of the premises. He did not inform the landlord he was leaving let alone give him any notice.

As well, when on 18 February the landlord gave the tenant notice of an inspection of the premises, the tenant told him not to go into his room. The tenant’s belongings were in the room, and they still are. He said that he would be removing them tomorrow.

It follows from this that the tenancy was not terminated, and the tenant had no right to terminate it previously. Even if the tenant had grounds to terminate the tenancy at the time he left the premises, he would need to have communicated them to the landlord and he would need to have fully vacated. He did neither.

The tenant did not oppose the landlord’s application for termination and possession today.

I also need to mention that I heard the landlord’s application against the tenant’s brother and his cross application against the landlord today. The tenant’s brother is another tenant of the premises, on a separate tenancy, and he has made claims against the landlord which, to some extent, mirror the tenant’s complaints.

I was expecting the tenant to have made a cross application against the landlord and to have dealt with that today as well. The tenant explained that due to his personal circumstances, he has not been able to make his own application and that it may be some time before he is able to do so.

There may be some merit in the tenant’s complaints against the landlord, but I cannot take them into consideration because he has not made an application. I mooted the possibility that if the parties agreed, I could deal with the tenant’s complaints today, but the landlord did not agree. He was of course perfectly entitled to take that position.

I considered staying enforcement of the order for payment of money to give the tenant an opportunity to file a cross application, but that is not appropriate when it is unclear when or if the tenant will file a cross application.

The landlord has succeeded and so I must order the tenant to pay the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4800021 — net $4,043.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2024	$4,022.86	Rent arrears to 14 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,043.30
Total payable by Tenant to Landlord	$4,043.30

The tenancy of Steven Leslie Perrow at 20 Wellington Street, Phillipstown, Christchurch 8011 is terminated, and possession is granted to Mahendran Jaganathan, at 5pm on Thursday 14 March 2024.

Steven Leslie Perrow must pay Mahendran Jaganathan $4,043.30 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy and rent arrears. No bond was paid.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated under 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 tenant did not dispute the landlord’s rent record.

The tenant did not oppose the landlord’s application for termination and possession today.

The landlord has succeeded and so I must order the tenant to pay the filing fee.

Tenancy Tribunal case 4800021 — Rent arrears at 20 Wellington Street, Phillipstown, Christchurch 8011

At a glance

Tenancy Tribunal case 4800021 — Rent arrears at 20 Wellington Street, Phillipstown, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions