What was the outcome of Tenancy Tribunal case 4861501?

The tribunal order states: The tenancy of Jeremy Alan Herbert at Unit/Flat 8, 41 Cameron Road, Hamilton

How much money was awarded in case 4861501?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4861501?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4861501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426635-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4861501?

The tribunal order states: The tenancy of Jeremy Alan Herbert at Unit/Flat 8, 41 Cameron Road, Hamilton

How much money was awarded in case 4861501?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4861501?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4861501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426635-Tribunal_Order.pdf.

Unit/Flat 8, 41 Cameron Road, Hamilton East, Hamilton Tenancy Tribunal Case 4861501 — Rent arrears

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Order

The tenancy of Jeremy Alan Herbert at Unit/Flat 8, 41 Cameron Road, Hamilton East, Hamilton 3216 is terminated, and possession is granted to Lodge City Rentals Limited As Agent For K Lim, immediately.

Jeremy Alan Herbert must pay Lodge City Rentals Limited As Agent For K Lim $4,230.00 immediately, being rent arrears to 7/6/2024.

The application for rehearing is dismissed. The stay of proceedings is lifted.

Reasons

Only the applicant landlord attended both the original hearing and the rehearing this morning.

After the re-hearing had concluded the tenant contacted the registry advising that his phone had blocked the calls and requesting a call.

Mr Herbert then advised that he considered the property needed maintenance and that he also considered the landlord needed to provide confirmation of the arrears to WINZ so the rent arrears could be paid. The Act imposes no such obligation. A tenant is assumed to know they must pay the rent they have agreed to pay and that they will be in breach if they do not do that and that the landlord can apply for termination if they fail to pay the rent.

On 16 May 2024 the Tribunal made an order terminating the tenancy because of substantial rent arrears.

On 16 May 2024 applied for a rehearing on the grounds that he had not been contacted for the hearing.

The matter was set for a hearing to consider that rehearing application and the order advised that at least the weekly rent MUST be paid until the application was reheard. Mr Herbert has not paid any rent whatsoever since 9 April (when he paid $180 which is less than half the weekly rent). Mr Herbert has not paid any rent at all since he made the re-hearing application.

Mr Herbert is able to make an application to the Tribunal if he considers the landlord is in breach, but he has not done that. Despite his protestations the tenancy must be terminated because of the high level of rent arrears.

The application for re-hearing is dismissed and the stay of proceedings lifted with effect that the termination ordered can be enforced immediately.

The applicant requested that the rent arrears be updated to include the rent arrears that have continued to accrue since the original order was issued. It is appropriate to do that. The bond has subsequently been distributed to the landlord, so the amount ordered is after deduction of the bond.

To avoid doubt the rent was more than 21 days in arrears at the date the applicant applied to the Tribunal for termination because of rent arrears and is now considerably more than that in arrears. The tenancy must be terminated under s 55(1) (a) RTA.

Order

Jeremy Alan Herbert must pay Lodge City Rentals Limited As Agent For K Lim $4,230.00 immediately, being rent arrears to 7/6/2024.

The application for rehearing is dismissed. The stay of proceedings is lifted.

Reasons

Only the applicant landlord attended both the original hearing and the rehearing this morning.

After the re-hearing had concluded the tenant contacted the registry advising that his phone had blocked the calls and requesting a call.

On 16 May 2024 the Tribunal made an order terminating the tenancy because of substantial rent arrears.

On 16 May 2024 applied for a rehearing on the grounds that he had not been contacted for the hearing.

The application for re-hearing is dismissed and the stay of proceedings lifted with effect that the termination ordered can be enforced immediately.

Tenancy Tribunal case 4861501 — Rent arrears at Unit/Flat 8, 41 Cameron Road, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 4861501 — Rent arrears at Unit/Flat 8, 41 Cameron Road, Hamilton East, Hamilton

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