How much money was awarded in case 4830759?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $454.99 awarded to landlord; Rent Arrears: $4,624.00 awarded to landlord; Water Rates: $470.75 awarded to landlord

What type of tenancy dispute was case 4830759?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4830759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10272033-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4830759?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $454.99 awarded to landlord; Rent Arrears: $4,624.00 awarded to landlord; Water Rates: $470.75 awarded to landlord

What type of tenancy dispute was case 4830759?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4830759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10272033-Tenancy_Tribunal_Order.pdf.

468A Fraser Street, Parkvale, Tauranga 3112 Tenancy Tribunal Case 4830759 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4830759?

The tribunal order states: The tenancy of Navpreet Singh at 468A Fraser Street, Parkvale, Tauranga 3112

Order

Claims and awards in Tenancy Tribunal application 4830759 — net $3,730.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 30 April 2024	$4,624.00	Rent arrears as at 30 April 2024
Water rates as at 30 April 2024	$470.75	Water rates as at 30 April 2024
Previous filing fee - mediator's order	$20.44	Previous filing fee - mediator's order
Repair ranch slider window	$454.99	Repair ranch slider window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,730.62
Total payable by Tenant to Landlord	$3,730.62

The tenancy of Navpreet Singh at 468A Fraser Street, Parkvale, Tauranga 3112 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Yogesh Kumar, at 11.59pm on Tuesday 30 April 2024.

The Bond Centre is to pay the bond of $1,860.00 (3008436-002) to Barfoot & Thompson Limited As Agent For Yogesh Kumar immediately.

Navpreet Singh must pay Barfoot & Thompson Limited As Agent For Yogesh Kumar $3,730.62 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard today at 2pm. At 11.24am yesterday Mr Singh contacted the Tribunal seeking an adjournment because he was unwell. Having had no response from the Tribunal he again made contact at 1.12pm today saying that he was unwell and that he was going to see the doctor. At 1.23pm Mr Singh was emailed and asked to provide the Tribunal with a medical certificate or evidence of a doctor’s appointment having been made, before 2pm or the hearing would proceed. No medical certificate or evidence of a doctor’s certificate was provided. Nor did Mr Singh attend today’s hearing. The hearing therefore proceeded in his absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates, compensation, reimbursement of filing fees and payment of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date and so Mr Singh’s tenancy is terminated.

How much does the tenant owe in rent and water charges?

The landlord provided rent records which prove the amount owing as at today’s date - $4,624.00.

I also accept the evidence in the form of water invoices indicating that as at today’s date Mr Singh owes $470.75 in water charges. Broken window

The evidence also shows that on 27 November 2023 Mr Singh agreed that the landlord should arrange for a broken window in the ranch slider to be repaired at his cost. The ranch slider was repaired at a cost of $454.99 on 1 December 2023. Mr Singh has not paid for this repair and he is now ordered to do so.

I note that on 23 January 2024 this tenancy was assigned to Mr Singh. Clauses 4(a), (b) and (c) of the deed of assignment provides that any obligations and /or liabilities which have been incurred prior to the date of the assignment are to be assumed by the assignee – that is, Mr Singh is responsible for obligations and liabilities that were incurred prior to 23 January 2024.

Hence the order against Mr Singh in relation to the ranch slider. Filing fee for mediator’s order

On 2 November 2023 Gurminder Chatha, the assignor of the tenancy, participated in a mediation in which he agreed to make various payments, including the filing fee of $20.44.

I accept that he has not made this payment and so in accordance with clauses 4(a)(b) and (c) of the deed of assignment I am ordering Mr Singh to make this payment. Compensation for missed appointment

The landlord claims that Mr Singh ought to pay the cost incurred because he was not at home when the heat pump was due to be serviced, in spite of having made an arrangement to be there.

I am dismissing this part of their claim because there is no evidence as to this cost. The invoice to the landlord includes an amount for “Additional labour”. There is no indication that this means additional travel time because Mr Singh missed the appointment. Filing fee

Because Barfoot & Thompson Limited As Agent For Yogesh Kumar has substantially succeeded with the claim I have ordered Mr Singh to reimburse them the filing fee. C ter Haar 30 April 2024

Claims and awards in Tenancy Tribunal application 4830759 — net $3,730.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 30 April 2024	$4,624.00	Rent arrears as at 30 April 2024
Water rates as at 30 April 2024	$470.75	Water rates as at 30 April 2024
Previous filing fee - mediator's order	$20.44	Previous filing fee - mediator's order
Repair ranch slider window	$454.99	Repair ranch slider window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,730.62
Total payable by Tenant to Landlord	$3,730.62

Order

The tenancy of Navpreet Singh at 468A Fraser Street, Parkvale, Tauranga 3112 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Yogesh Kumar, at 11.59pm on Tuesday 30 April 2024.
The Bond Centre is to pay the bond of $1,860.00 (3008436-002) to Barfoot & Thompson Limited As Agent For Yogesh Kumar immediately.
Navpreet Singh must pay Barfoot & Thompson Limited As Agent For Yogesh Kumar $3,730.62 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard today at 2pm. At 11.24am yesterday Mr Singh contacted the Tribunal seeking an adjournment because he was unwell. Having had no response from the Tribunal he again made contact at 1.12pm today saying that he was unwell and that he was going to see the doctor. At 1.23pm Mr Singh was emailed and asked to provide the Tribunal with a medical certificate or evidence of a doctor’s appointment having been made, before 2pm or the hearing would proceed. No medical certificate or evidence of a doctor’s certificate was provided. Nor did Mr Singh attend today’s hearing. The hearing therefore proceeded in his absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates, compensation, reimbursement of filing fees and payment of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date and so Mr Singh’s tenancy is terminated.

How much does the tenant owe in rent and water charges?

The landlord provided rent records which prove the amount owing as at today’s date - $4,624.00.
I also accept the evidence in the form of water invoices indicating that as at today’s date Mr Singh owes $470.75 in water charges. Broken window
The evidence also shows that on 27 November 2023 Mr Singh agreed that the landlord should arrange for a broken window in the ranch slider to be repaired at his cost. The ranch slider was repaired at a cost of $454.99 on 1 December 2023. Mr Singh has not paid for this repair and he is now ordered to do so.
I note that on 23 January 2024 this tenancy was assigned to Mr Singh. Clauses 4(a), (b) and (c) of the deed of assignment provides that any obligations and /or liabilities which have been incurred prior to the date of the assignment are to be assumed by the assignee – that is, Mr Singh is responsible for obligations and liabilities that were incurred prior to 23 January 2024.
Hence the order against Mr Singh in relation to the ranch slider. Filing fee for mediator’s order
On 2 November 2023 Gurminder Chatha, the assignor of the tenancy, participated in a mediation in which he agreed to make various payments, including the filing fee of $20.44.
I accept that he has not made this payment and so in accordance with clauses 4(a)(b) and (c) of the deed of assignment I am ordering Mr Singh to make this payment. Compensation for missed appointment
The landlord claims that Mr Singh ought to pay the cost incurred because he was not at home when the heat pump was due to be serviced, in spite of having made an arrangement to be there.
I am dismissing this part of their claim because there is no evidence as to this cost. The invoice to the landlord includes an amount for “Additional labour”. There is no indication that this means additional travel time because Mr Singh missed the appointment. Filing fee
Because Barfoot & Thompson Limited As Agent For Yogesh Kumar has substantially succeeded with the claim I have ordered Mr Singh to reimburse them the filing fee. C ter Haar 30 April 2024

Tenancy Tribunal case 4830759 — Rent arrears at 468A Fraser Street, Parkvale, Tauranga 3112

At a glance

Tenancy Tribunal case 4830759 — Rent arrears at 468A Fraser Street, Parkvale, Tauranga 3112

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent and water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent and water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions