What was the outcome of Tenancy Tribunal case 4860784?

The tribunal order states: The tenancy of Baylee Dacombe-Terry at Flat 7, 118 Otaika Road, Raumanga,

How much money was awarded in case 4860784?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,850.00 awarded to landlord

What type of tenancy dispute was case 4860784?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10319759-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4860784?

The tribunal order states: The tenancy of Baylee Dacombe-Terry at Flat 7, 118 Otaika Road, Raumanga,

How much money was awarded in case 4860784?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,850.00 awarded to landlord

What type of tenancy dispute was case 4860784?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10319759-Tenancy_Tribunal_Order.pdf.

Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110 Tenancy Tribunal Case 4860784 — Rent arrears

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Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110 Tenancy Tribunal Case 4860784 — 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 4860784 — net $1,870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2024	$1,850.00	Rent arrears to 10 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,870.44
Total payable by Tenant to Landlord	$1,870.44

Claims and awards for application 4860784 — net $1,870.44 NZD. Verify on MoJ.

Rent arrears to 10 May 2024

Amount: $1,850.00
Awarded to: Landlord
Reason: Rent arrears to 10 May 2024

Filing fee reimbursement

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

Net award

Landlord $1,870.44

Total payable by Tenant to Landlord

Landlord $1,870.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Baylee Dacombe-Terry at Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110 is terminated, and possession is granted to Contact Property Management Limited, at 12.00 noon on Monday 20 May 2024.
Baylee Dacombe-Terry must pay Contact Property Management Limited $1,870.44 immediately, calculated as shown in the table below:

Reasons

There are two current landlord applications seeking termination of this tenancy.
This application, filed on 14 April 2024, seeks termination for rent arrears.
The hearing took place in Whangarei on 10 May 2024. Both parties attended the hearing.
Mr O’Connor provided a rent record showing rent arrears of $1,550.00 on the date that the application was filed, and arrears of $1,850.00 as at the hearing date.
The Tenancy Tribunal “shall make an order terminating the tenancy” if, on the date that the landlord files an application seeking termination, the rent was more than 21-days in arrears 1 .
The Tribunal may refuse to make an order termination the tenancy if 2 : a. “The breach has been remedied, if it is capable of being remedied”; and b. The landlord has been compensated for any loss arising from the breach; and c. It is unlikely that the tenant will commit any further breaches.
The rent for this tenancy is $350.00 per week.
At the date of hearing, the rent arrears breach had not been remedied. The rent record shows that Ms Dacombe-Terry has paid the weekly rent for the last three weeks but has not made any payments towards the arrears.
At the hearing Ms Dacombe-Terry stated that she was willing and able to pay the arrears in a lump sum, and that she could make the payment that day.
Mr O’Connor submitted that Ms Dacombe-Terry’s rent payments have been “patchy” since the beginning of the tenancy in January. The rent record supports that submission.
My finding is that the landlord is entitled to an order for termination on the grounds that: a. The rent was more than 21-days in arrears on the date that this application was filed. b. The breach was not remedied by the time that the application was heard. c. The tenant’s pattern of unreliable payments during this brief tenancy means that there is no reasonable basis to be confident that the tenant will not fall into rent arrears again. d. The rent arrears are substantial.
The tenancy will terminate at 12.00 noon on Monday 20 May 2024.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44 3 . 1 Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) 2 Section 55(2) RTA 3 Section 102(4)(a) RTA
The bond will remain with the Bond Centre until the end of the tenancy.

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 4860784 — net $1,870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2024	$1,850.00	Rent arrears to 10 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,870.44
Total payable by Tenant to Landlord	$1,870.44

Claims and awards for application 4860784 — net $1,870.44 NZD. Verify on MoJ.

Rent arrears to 10 May 2024

Amount: $1,850.00
Awarded to: Landlord
Reason: Rent arrears to 10 May 2024

Filing fee reimbursement

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

Net award

Landlord $1,870.44

Total payable by Tenant to Landlord

Landlord $1,870.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Baylee Dacombe-Terry at Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110 is terminated, and possession is granted to Contact Property Management Limited, at 12.00 noon on Monday 20 May 2024.
Baylee Dacombe-Terry must pay Contact Property Management Limited $1,870.44 immediately, calculated as shown in the table below:

Reasons

There are two current landlord applications seeking termination of this tenancy.
This application, filed on 14 April 2024, seeks termination for rent arrears.
The hearing took place in Whangarei on 10 May 2024. Both parties attended the hearing.
Mr O’Connor provided a rent record showing rent arrears of $1,550.00 on the date that the application was filed, and arrears of $1,850.00 as at the hearing date.
The Tenancy Tribunal “shall make an order terminating the tenancy” if, on the date that the landlord files an application seeking termination, the rent was more than 21-days in arrears 1 .
The Tribunal may refuse to make an order termination the tenancy if 2 : a. “The breach has been remedied, if it is capable of being remedied”; and b. The landlord has been compensated for any loss arising from the breach; and c. It is unlikely that the tenant will commit any further breaches.
The rent for this tenancy is $350.00 per week.
At the date of hearing, the rent arrears breach had not been remedied. The rent record shows that Ms Dacombe-Terry has paid the weekly rent for the last three weeks but has not made any payments towards the arrears.
At the hearing Ms Dacombe-Terry stated that she was willing and able to pay the arrears in a lump sum, and that she could make the payment that day.
Mr O’Connor submitted that Ms Dacombe-Terry’s rent payments have been “patchy” since the beginning of the tenancy in January. The rent record supports that submission.
My finding is that the landlord is entitled to an order for termination on the grounds that: a. The rent was more than 21-days in arrears on the date that this application was filed. b. The breach was not remedied by the time that the application was heard. c. The tenant’s pattern of unreliable payments during this brief tenancy means that there is no reasonable basis to be confident that the tenant will not fall into rent arrears again. d. The rent arrears are substantial.
The tenancy will terminate at 12.00 noon on Monday 20 May 2024.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44 3 . 1 Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) 2 Section 55(2) RTA 3 Section 102(4)(a) RTA
The bond will remain with the Bond Centre until the end of the tenancy.

Tenancy Tribunal case 4860784 — Rent arrears at Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110

At a glance

Tenancy Tribunal case 4860784 — Rent arrears at Flat 7, 118 Otaika Road, Raumanga, Whangarei 0110

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