What was the outcome of Tenancy Tribunal case 4848324?

The tribunal order states: The tenancy of Stefan Badenhorst at 37 Pokohiwi Road, Normandale, Lower

How much money was awarded in case 4848324?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,221.43 awarded to landlord

What type of tenancy dispute was case 4848324?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4848324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10309721-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4848324?

The tribunal order states: The tenancy of Stefan Badenhorst at 37 Pokohiwi Road, Normandale, Lower

How much money was awarded in case 4848324?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,221.43 awarded to landlord

What type of tenancy dispute was case 4848324?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4848324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10309721-Tenancy_Tribunal_Order.pdf.

37 Pokohiwi Road, Normandale, Lower Hutt 5010 Tenancy Tribunal Case 4848324 — Rent arrears

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37 Pokohiwi Road, Normandale, Lower Hutt 5010 Tenancy Tribunal Case 4848324 — 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 4848324 — net $4,041.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 8 May 2024	$6,221.43	Rent arrears as at 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,041.87
Total payable by Tenant to Landlord	$4,041.87

Claims and awards for application 4848324 — net $4,041.87 NZD. Verify on MoJ.

Rent arrears as at 8 May 2024

Amount: $6,221.43
Awarded to: Landlord
Reason: Rent arrears as at 8 May 2024

Filing fee reimbursement

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

Net award

Landlord $4,041.87

Total payable by Tenant to Landlord

Landlord $4,041.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Stefan Badenhorst at 37 Pokohiwi Road, Normandale, Lower Hutt 5010 is terminated, and possession is granted to Dwellings Property Management (2020) Limited, at 11.59pm on Wednesday 8 May 2024.
The Bond Centre is to pay the bond of $2,200.00 (3524316-001) to Dwellings Property Management (2020) Limited immediately.
Stefan Badenhorst must pay Dwellings Property Management (2020) Limited $4,041.87 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
This claim was complicated by the fact that Mr Badenhorst is not living at the premises which are currently occupied by his former wife. Mr Badenhorst accepted that he was responsible for the debt but states that he does not have the means to pay it. An email written by Mrs Badenhorst to the landlord advises that she wishes to be named as the tenant and that she would pay the debt by making $80.00 payments on top of the rent, as well as paying another bond of $2,200.00.
However, I am unable to put this payment plan into an order because Mrs Badenhorst is not currently a tenant and is therefore not a party against whom a claim may be made in the Tenancy Tribunal. Further, Mrs Badenhorst was unable to be contacted for today’s hearing.
I am therefore terminating Mr Badenhorst’s tenancy because rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.
I am also ordering Mr Badenhorst to pay the rent arrears -the landlord provided rent records which prove the amount owing as at today’s date - $6,221.43.
Further to this, because Dwellings Property Management (2020) Limited has wholly succeeded with the claim I must order Mr Badenhorst to reimburse them the filing fee.
As discussed at today’s hearing it is possible to assign this tenancy to Mrs Badenhorst, including any debts currently payable. That would require an agreement between the parties. In the absence of any such assignment of debt, Mr Badenhorst remains responsible for the order outlined above. C ter Haar 08 May 2024

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 4848324 — net $4,041.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 8 May 2024	$6,221.43	Rent arrears as at 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,041.87
Total payable by Tenant to Landlord	$4,041.87

Claims and awards for application 4848324 — net $4,041.87 NZD. Verify on MoJ.

Rent arrears as at 8 May 2024

Amount: $6,221.43
Awarded to: Landlord
Reason: Rent arrears as at 8 May 2024

Filing fee reimbursement

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

Net award

Landlord $4,041.87

Total payable by Tenant to Landlord

Landlord $4,041.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Stefan Badenhorst at 37 Pokohiwi Road, Normandale, Lower Hutt 5010 is terminated, and possession is granted to Dwellings Property Management (2020) Limited, at 11.59pm on Wednesday 8 May 2024.
The Bond Centre is to pay the bond of $2,200.00 (3524316-001) to Dwellings Property Management (2020) Limited immediately.
Stefan Badenhorst must pay Dwellings Property Management (2020) Limited $4,041.87 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
This claim was complicated by the fact that Mr Badenhorst is not living at the premises which are currently occupied by his former wife. Mr Badenhorst accepted that he was responsible for the debt but states that he does not have the means to pay it. An email written by Mrs Badenhorst to the landlord advises that she wishes to be named as the tenant and that she would pay the debt by making $80.00 payments on top of the rent, as well as paying another bond of $2,200.00.
However, I am unable to put this payment plan into an order because Mrs Badenhorst is not currently a tenant and is therefore not a party against whom a claim may be made in the Tenancy Tribunal. Further, Mrs Badenhorst was unable to be contacted for today’s hearing.
I am therefore terminating Mr Badenhorst’s tenancy because rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.
I am also ordering Mr Badenhorst to pay the rent arrears -the landlord provided rent records which prove the amount owing as at today’s date - $6,221.43.
Further to this, because Dwellings Property Management (2020) Limited has wholly succeeded with the claim I must order Mr Badenhorst to reimburse them the filing fee.
As discussed at today’s hearing it is possible to assign this tenancy to Mrs Badenhorst, including any debts currently payable. That would require an agreement between the parties. In the absence of any such assignment of debt, Mr Badenhorst remains responsible for the order outlined above. C ter Haar 08 May 2024

Tenancy Tribunal case 4848324 — Rent arrears at 37 Pokohiwi Road, Normandale, Lower Hutt 5010

At a glance

Tenancy Tribunal case 4848324 — Rent arrears at 37 Pokohiwi Road, Normandale, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions