What was the outcome of Tenancy Tribunal case 4838240?

The tribunal order states: The tenancy of Ian Kata-Feki at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt

How much money was awarded in case 4838240?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Rent Owed 17 - 21 April 2024: $225.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 4838240?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4838240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211258-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4838240?

The tribunal order states: The tenancy of Ian Kata-Feki at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt

How much money was awarded in case 4838240?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Rent Owed 17 - 21 April 2024: $225.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 4838240?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4838240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211258-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4838240 — Rent arrears

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Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4838240 — 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 4838240. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 April 2024	$820.00	Rent arrears to 16 April 2024
Rent owed 17 - 21 April 2024	$225.00	Rent owed 17 - 21 April 2024
Rubbish removal: by consent	$50.00	Rubbish removal: by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4838240. Verify on MoJ.

Rent arrears to 16 April 2024

Amount: $820.00
Awarded to: Landlord
Reason: Rent arrears to 16 April 2024

Rent owed 17 - 21 April 2024

Amount: $225.00
Awarded to: Landlord
Reason: Rent owed 17 - 21 April 2024

Rubbish removal: by consent

Amount: $50.00
Awarded to: Landlord
Reason: Rubbish removal: by consent

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of Ian Kata-Feki at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For United Group Limited, at 11.59 pm on Sunday 21 April 2024.
The claim for the window is dismissed.
The Bond Centre is to pay the bond of $1,200.00 (3296017-010) immediately apportioned as follows and as shown in the table below: Oxygen.Co.Nz Limited As Agent For United Group Limited: $1,115.44 Ian Kata-Feki: HOLD $84.56

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant agreed he owes the rent. He provided me with information from ACC to show he is waiting for a decision about assistance. Unfortunately, no rent has been paid for the last two weeks and there is no certainty about when – or if – ACC will help financially.
Given the amount of money owing, and the lack of certainty about ACC’s decision, I find the tenancy must end. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The claim for rubbish removal was agreed.
There is a claim for a broken window from July last year. I have considered the explanation given by the tenant at the time, and again in the hearing. It seems most likely to me the damage was accidental. Tenants are required to pay for careless and intentional damage, and I am not persuaded the tenant was careless or acted intentionally. This claim is dismissed. See section 49 RTA.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
Most of the bond is refunded to the landlord. There is a small amount of bond left which belongs to the tenant and this is on hold until the end of the tenancy. I have done this in case the landlord has to pay to replace the lock, or for cleaning or damage. It is my intention that the parties can agree between themselves how to refund the balance.

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 4838240. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 April 2024	$820.00	Rent arrears to 16 April 2024
Rent owed 17 - 21 April 2024	$225.00	Rent owed 17 - 21 April 2024
Rubbish removal: by consent	$50.00	Rubbish removal: by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4838240. Verify on MoJ.

Rent arrears to 16 April 2024

Amount: $820.00
Awarded to: Landlord
Reason: Rent arrears to 16 April 2024

Rent owed 17 - 21 April 2024

Amount: $225.00
Awarded to: Landlord
Reason: Rent owed 17 - 21 April 2024

Rubbish removal: by consent

Amount: $50.00
Awarded to: Landlord
Reason: Rubbish removal: by consent

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of Ian Kata-Feki at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For United Group Limited, at 11.59 pm on Sunday 21 April 2024.
The claim for the window is dismissed.
The Bond Centre is to pay the bond of $1,200.00 (3296017-010) immediately apportioned as follows and as shown in the table below: Oxygen.Co.Nz Limited As Agent For United Group Limited: $1,115.44 Ian Kata-Feki: HOLD $84.56

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant agreed he owes the rent. He provided me with information from ACC to show he is waiting for a decision about assistance. Unfortunately, no rent has been paid for the last two weeks and there is no certainty about when – or if – ACC will help financially.
Given the amount of money owing, and the lack of certainty about ACC’s decision, I find the tenancy must end. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The claim for rubbish removal was agreed.
There is a claim for a broken window from July last year. I have considered the explanation given by the tenant at the time, and again in the hearing. It seems most likely to me the damage was accidental. Tenants are required to pay for careless and intentional damage, and I am not persuaded the tenant was careless or acted intentionally. This claim is dismissed. See section 49 RTA.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
Most of the bond is refunded to the landlord. There is a small amount of bond left which belongs to the tenant and this is on hold until the end of the tenancy. I have done this in case the landlord has to pay to replace the lock, or for cleaning or damage. It is my intention that the parties can agree between themselves how to refund the balance.

Tenancy Tribunal case 4838240 — Rent arrears at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4838240 — Rent arrears at Unit/Flat 7, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions