What was the outcome of Tenancy Tribunal case 4855811?

The tribunal order states: Dwayne Lord owes Mcdonald Property Management Limited Acting As Agent

How much money was awarded in case 4855811?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,051.43 awarded to landlord

What type of tenancy dispute was case 4855811?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4855811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447855-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4855811?

The tribunal order states: Dwayne Lord owes Mcdonald Property Management Limited Acting As Agent

How much money was awarded in case 4855811?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,051.43 awarded to landlord

What type of tenancy dispute was case 4855811?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4855811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447855-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 166 Grey Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4855811 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4855811. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”), being rent and rent arrears of	$12,051.43		the debt”), being rent and rent arrears of
to 21 June 2024 and the filing fee of	$20.44		to 21 June 2024 and the filing fee of

Dwayne Lord owes Mcdonald Property Management Limited Acting As Agent For Xin (Cindy) Ji $12,071.87 (“the debt”), being rent and rent arrears of $12,051.43 to 21 June 2024 and the filing fee of $20.44. The rent arrears is agreed by mutual agreement for the purposes of this order but it must be confirmed via a subsequent application if a monetary order is required. 1

Dwayne Lord must pay the debt no later than Friday 21 June 2024.

Any payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of 21 June 2024: a. The tenancy at Unit/Flat 3, 166 Grey Street, Onehunga, Auckland 1061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be confirmed and sought via a further landlord application to the Tribunal. 1 This provision to revisit the quantum means res judicata does not apply (the quantum is not a final judgement and can be revisited)

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and the tenant took part in the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

This is an unusual tenancy insomuch the tenant vacated some time back, believing he had given the landlord written notice to terminate, but gave keys to the current occupants prior to that end date. It is unclear at this stage whether his tenancy ended earlier or if he remains the tenant of record. What is clear and agreed by both parties is that the rent arrears is well in excess of 21 days. It needs to be addressed quickly or the landlord should have possession returned.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

There is more to this situation than is addressed in this order and some flexibility is merited. The parties agreed to work together to resolve the tenancy issues. There are a number of possible scenarios from here. If a monetary order for the debt is required it was mutually agreed it should be confirmed and sought via a fresh landlord application. The tenant would have the opportunity via that application to be heard regarding any possible earlier end date that might amend the rent arrear total.

The tenant accepts he provided the keys to the current occupants before the date he believes his tenancy ended. Regardless, he has assumed a role to resolve the debt now. This will more than likely require him to continue his discussions with the current occupants of the premises. Filling fee

Because Mcdonald Property Management Limited Acting As Agent For Xin (Cindy) Ji has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4855811. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”), being rent and rent arrears of	$12,051.43		the debt”), being rent and rent arrears of
to 21 June 2024 and the filing fee of	$20.44		to 21 June 2024 and the filing fee of

Order

Dwayne Lord owes Mcdonald Property Management Limited Acting As Agent For Xin (Cindy) Ji $12,071.87 (“the debt”), being rent and rent arrears of $12,051.43 to 21 June 2024 and the filing fee of $20.44. The rent arrears is agreed by mutual agreement for the purposes of this order but it must be confirmed via a subsequent application if a monetary order is required. 1
Dwayne Lord must pay the debt no later than Friday 21 June 2024.
Any payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of 21 June 2024: a. The tenancy at Unit/Flat 3, 166 Grey Street, Onehunga, Auckland 1061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be confirmed and sought via a further landlord application to the Tribunal. 1 This provision to revisit the quantum means res judicata does not apply (the quantum is not a final judgement and can be revisited)
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and the tenant took part in the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
This is an unusual tenancy insomuch the tenant vacated some time back, believing he had given the landlord written notice to terminate, but gave keys to the current occupants prior to that end date. It is unclear at this stage whether his tenancy ended earlier or if he remains the tenant of record. What is clear and agreed by both parties is that the rent arrears is well in excess of 21 days. It needs to be addressed quickly or the landlord should have possession returned.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
There is more to this situation than is addressed in this order and some flexibility is merited. The parties agreed to work together to resolve the tenancy issues. There are a number of possible scenarios from here. If a monetary order for the debt is required it was mutually agreed it should be confirmed and sought via a fresh landlord application. The tenant would have the opportunity via that application to be heard regarding any possible earlier end date that might amend the rent arrear total.
The tenant accepts he provided the keys to the current occupants before the date he believes his tenancy ended. Regardless, he has assumed a role to resolve the debt now. This will more than likely require him to continue his discussions with the current occupants of the premises. Filling fee
Because Mcdonald Property Management Limited Acting As Agent For Xin (Cindy) Ji has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4855811 — Rent arrears at Unit/Flat 3, 166 Grey Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4855811 — Rent arrears at Unit/Flat 3, 166 Grey Street, Onehunga, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions