What was the outcome of Tenancy Tribunal case 4855561?

The tribunal order states: The tenancy of Amy Bradley at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower

How much money was awarded in case 4855561?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,320.00 awarded to landlord

What type of tenancy dispute was case 4855561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4855561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10483593-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4855561?

The tribunal order states: The tenancy of Amy Bradley at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower

How much money was awarded in case 4855561?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,320.00 awarded to landlord

What type of tenancy dispute was case 4855561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4855561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10483593-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011 Tenancy Tribunal Case 4855561 — Rent arrears

Claims and awards in Tenancy Tribunal application 4855561 — net $1,340.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 20.6.2024	$1,320.00	Rent arrears as at 20.6.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,340.44
Total payable by Tenant to Landlord	$1,340.44

Order

The tenancy of Amy Bradley at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011 is terminated, and possession is granted to Andrew Peter Joe, at
59pm on Friday 12 July 2024, subject to orders 5 and 6 below.
Amy Bradley must pay Andrew Peter Joe $1,340.44 by deduction from the bond calculated as shown in the table below.
The Bond Centre is to pay $1,340.44 from the bond of $$1,650.00 (3271675- 017) to Andrew Peter Joe immediately.
The balance of the bond of $309.56 is to remain at the Bond Centre.
Amy Bradley must also continue to pay current rent due at the rate of $550/week. It is currently paid to 25 June 2024 with the next rent payments due on Wednesday 26 June, 2 July, and 9 July 2024.
If the tenant fails to pay the current rent due within 2 working days of the due dates in order 5, the tenancy at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing. There was no appearance by the tenant despite the Tribunal making two attempts to call her on her cell phone number before the hearing started at 2pm. Both calls diverted to voicemail. At the suggestion of the landlord, who was keen to resolve the matter by agreement, a further attempt to call the tenant was made at approximately 2.30pm which also diverted to voicemail. Tenant adjournment request
The tenant contacted the Tribunal by email at 3.50pm on 19 June 2024 requesting an adjournment on the following grounds: a. The parties settled the matter at mediation and between themselves and the landlord had agreed to withdraw the claim but advised at the last minute that he wished to proceed with the Tribunal hearing; b. She cannot attend the hearing in person because she is caring for a family member following their surgery; c. If the landlord is not willing to settle as she believes has been agreed already, she wishes to lodge a counterclaim and requires time to do so.
The Tribunal emailed Ms Bradley at 8.56am today (20 June 2024) asking her to provide evidence of the family member’s surgery and to advise whether she could attend the hearing by teleconference and, if not, why not.
Ms Bradley replied by email at 10.07am today giving information concerning her family member’s surgery and setting out various other issues. She did not advise that she was unavailable for a teleconference hearing.
The Tribunal emailed Ms Bradley at 10.29am today, again asking her to advise whether she could attend the hearing by telephone and if not, why. She did not respond.
Given that the application was for termination and rent arrears, and an indication that the parties might be close to being able to settle the matter. I issued a Minute emailed to the parties at 11.01am today declining the application for an adjournment but allowing Ms Bradley to attend the hearing by telephone. She was advised that the Tribunal would call her for the hearing on the cell phone number provided in the application and she was asked to confirm her contact number for the hearing. She did not respond.
I am satisfied that the tenant received notice that her adjournment application was declined and that she could attend by telephone. She chose not to do so with all attempted calls to her cell phone by the Tribunal diverting to voicemail Therefore, it was entirely appropriate to proceed with the hearing in her absence. Termination and rent arrears
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. He stated that he had hoped, the tenant would attend the hearing because he believed that they could resolve the matter by agreement and have the Tribunal record that agreement by way of a consent order. He produced emails between the parties (dated 18 and 19 June 2024) in which Ms Bradley proposed a resolution and the landlord advised that her offer was getting near what the landlord would like but he would like to finalise it at today’s hearing. I am satisfied that they had not finalised any agreement prior to the hearing and the landlord had not agreed to withdraw the proceedings in the absence of a final agreement.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See 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 amount owed in this order will be deducted from the bond with the balance to be held at the Bond Centre.
While the landlord is entitled to immediate termination, he has chosen to allow the tenant to remain at the property until 12 July 2024, when the fixed term expires, because Ms Bradley proposed that the tenancy end on this date during their communications. However, she must continue to pay current rent as and when it falls due, otherwise the tenancy will terminate immediately.
As the landlord has succeeded with his claims, he is entitled to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4855561 — net $1,340.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 20.6.2024	$1,320.00	Rent arrears as at 20.6.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,340.44
Total payable by Tenant to Landlord	$1,340.44

Order

The tenancy of Amy Bradley at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011 is terminated, and possession is granted to Andrew Peter Joe, at
59pm on Friday 12 July 2024, subject to orders 5 and 6 below.
Amy Bradley must pay Andrew Peter Joe $1,340.44 by deduction from the bond calculated as shown in the table below.
The Bond Centre is to pay $1,340.44 from the bond of $$1,650.00 (3271675- 017) to Andrew Peter Joe immediately.
The balance of the bond of $309.56 is to remain at the Bond Centre.
Amy Bradley must also continue to pay current rent due at the rate of $550/week. It is currently paid to 25 June 2024 with the next rent payments due on Wednesday 26 June, 2 July, and 9 July 2024.
If the tenant fails to pay the current rent due within 2 working days of the due dates in order 5, the tenancy at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing. There was no appearance by the tenant despite the Tribunal making two attempts to call her on her cell phone number before the hearing started at 2pm. Both calls diverted to voicemail. At the suggestion of the landlord, who was keen to resolve the matter by agreement, a further attempt to call the tenant was made at approximately 2.30pm which also diverted to voicemail. Tenant adjournment request
The tenant contacted the Tribunal by email at 3.50pm on 19 June 2024 requesting an adjournment on the following grounds: a. The parties settled the matter at mediation and between themselves and the landlord had agreed to withdraw the claim but advised at the last minute that he wished to proceed with the Tribunal hearing; b. She cannot attend the hearing in person because she is caring for a family member following their surgery; c. If the landlord is not willing to settle as she believes has been agreed already, she wishes to lodge a counterclaim and requires time to do so.
The Tribunal emailed Ms Bradley at 8.56am today (20 June 2024) asking her to provide evidence of the family member’s surgery and to advise whether she could attend the hearing by teleconference and, if not, why not.
Ms Bradley replied by email at 10.07am today giving information concerning her family member’s surgery and setting out various other issues. She did not advise that she was unavailable for a teleconference hearing.
The Tribunal emailed Ms Bradley at 10.29am today, again asking her to advise whether she could attend the hearing by telephone and if not, why. She did not respond.
Given that the application was for termination and rent arrears, and an indication that the parties might be close to being able to settle the matter. I issued a Minute emailed to the parties at 11.01am today declining the application for an adjournment but allowing Ms Bradley to attend the hearing by telephone. She was advised that the Tribunal would call her for the hearing on the cell phone number provided in the application and she was asked to confirm her contact number for the hearing. She did not respond.
I am satisfied that the tenant received notice that her adjournment application was declined and that she could attend by telephone. She chose not to do so with all attempted calls to her cell phone by the Tribunal diverting to voicemail Therefore, it was entirely appropriate to proceed with the hearing in her absence. Termination and rent arrears
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. He stated that he had hoped, the tenant would attend the hearing because he believed that they could resolve the matter by agreement and have the Tribunal record that agreement by way of a consent order. He produced emails between the parties (dated 18 and 19 June 2024) in which Ms Bradley proposed a resolution and the landlord advised that her offer was getting near what the landlord would like but he would like to finalise it at today’s hearing. I am satisfied that they had not finalised any agreement prior to the hearing and the landlord had not agreed to withdraw the proceedings in the absence of a final agreement.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See 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 amount owed in this order will be deducted from the bond with the balance to be held at the Bond Centre.
While the landlord is entitled to immediate termination, he has chosen to allow the tenant to remain at the property until 12 July 2024, when the fixed term expires, because Ms Bradley proposed that the tenancy end on this date during their communications. However, she must continue to pay current rent as and when it falls due, otherwise the tenancy will terminate immediately.
As the landlord has succeeded with his claims, he is entitled to reimbursement of the filing fee.

Tenancy Tribunal case 4855561 — Rent arrears at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4855561 — Rent arrears at Unit/Flat B, 25 Woodvale Grove, Fairfield, Lower Hutt 5011

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