What was the outcome of Tenancy Tribunal case 4886041?

The tribunal order states: The tenancy of Jesse Carl Aslett Cox and Kay Patricia Hall at 1A Trotting

How much money was awarded in case 4886041?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,018.57 awarded to landlord; Rent To End Of Tenancy On 17 July 20…: $495.00 awarded to landlord

What type of tenancy dispute was case 4886041?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10568843-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886041?

The tribunal order states: The tenancy of Jesse Carl Aslett Cox and Kay Patricia Hall at 1A Trotting

How much money was awarded in case 4886041?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,018.57 awarded to landlord; Rent To End Of Tenancy On 17 July 20…: $495.00 awarded to landlord

What type of tenancy dispute was case 4886041?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10568843-Tenancy_Tribunal_Order.pdf.

1A Trotting Terrace, Fairview Heights, Auckland 0632 Tenancy Tribunal Case 4886041 — Rent arrears

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1A Trotting Terrace, Fairview Heights, Auckland 0632 Tenancy Tribunal Case 4886041 — 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 4886041 — net $2,554.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2024	$4,018.57	Rent arrears to 10 July 2024
Rent to end of tenancy on 17 July 2024	$495.00	Rent to end of tenancy on 17 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,554.01
Total payable by Tenant to Landlord	$2,554.01

Claims and awards for application 4886041 — net $2,554.01 NZD. Verify on MoJ.

Rent arrears to 10 July 2024

Amount: $4,018.57
Awarded to: Landlord
Reason: Rent arrears to 10 July 2024

Rent to end of tenancy on 17 July 2024

Amount: $495.00
Awarded to: Landlord
Reason: Rent to end of tenancy on 17 July 2024

Filing fee reimbursement

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

Net award

Landlord $2,554.01

Total payable by Tenant to Landlord

Landlord $2,554.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jesse Carl Aslett Cox and Kay Patricia Hall at 1A Trotting Terrace, Fairview Heights, Auckland 0632 is terminated, and possession is granted to Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke, at 11:59pm on Wednesday 17 July 2024.
The Bond Centre is to pay the bond of $1,980.00 (5121042-003) to Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke immediately.
Jesse Carl Aslett Cox and Kay Patricia Hall must pay Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke $2,554.01 immediately, calculated as shown in the table below:

Reasons

The property manager, landlord, Ms Brooke, and tenant, Mr Cox, attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated effective 11:59pm on Wednesday 17 July 2024. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the date of the hearing was $4,018.57. Given the tenancy is terminated a further one week from that date, the tenants are ordered to pay a further one week of rent being $495.00.
Mr Cox accepted he and his co-tenant were in rent arrears, however he submitted the total amount owed was $1,000 less. Mr Cox stated his co-tenant Ms Kay Hall made a cash payment to the landlord on 10 April 2024 which was not accounted for in the landlord’s records.
The landlord, Ms Brooke, was present at the hearing. Ms Brooke denied receiving a $1,000 cash payment from Ms Hall on 10 April 2024. Ms Brooke stated only $200 in cash was received on that date, and it was accounted for in the rent ledger provided. Furthermore, Ms Brooke handed up a copy of a text message from Ms Hall to Ms Brooke on 10 April 2024 in which Ms Hall states she had left $200 in an envelope in the mailbox to be put towards rent. The text message exchange does not include any further reference to cash payments on that date.
Mr Cox submitted he had other records to show further cash payments were made to Ms Brooke on 10 April 2024 but did not have them available to hand up. I granted Mr Cox further time, until 12pm the following day being 12pm on 11 July 2024, to file further evidence of cash payments made via email to Auckland Metro Tenancy. As at 2pm on 11 July 2024, no further evidence has been filed.
I accept the landlord’s evidence that only $200 cash was received towards rent on 10 April 2024. The $200 cash payment was recorded in the rent ledger as being deposited on 11 April 2024 and is accounted for in the total arrears. That is consistent with the text message from Ms Hall referring to $200 left in the mailbox. Having received no further evidence to persuade me that additional cash payments were made but not accounted for, I grant the landlord the arrears as set out in the rent ledger.
Given Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke have succeeded with the claim, the tenant must reimburse the filing fee.

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 4886041 — net $2,554.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2024	$4,018.57	Rent arrears to 10 July 2024
Rent to end of tenancy on 17 July 2024	$495.00	Rent to end of tenancy on 17 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,554.01
Total payable by Tenant to Landlord	$2,554.01

Claims and awards for application 4886041 — net $2,554.01 NZD. Verify on MoJ.

Rent arrears to 10 July 2024

Amount: $4,018.57
Awarded to: Landlord
Reason: Rent arrears to 10 July 2024

Rent to end of tenancy on 17 July 2024

Amount: $495.00
Awarded to: Landlord
Reason: Rent to end of tenancy on 17 July 2024

Filing fee reimbursement

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

Net award

Landlord $2,554.01

Total payable by Tenant to Landlord

Landlord $2,554.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jesse Carl Aslett Cox and Kay Patricia Hall at 1A Trotting Terrace, Fairview Heights, Auckland 0632 is terminated, and possession is granted to Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke, at 11:59pm on Wednesday 17 July 2024.
The Bond Centre is to pay the bond of $1,980.00 (5121042-003) to Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke immediately.
Jesse Carl Aslett Cox and Kay Patricia Hall must pay Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke $2,554.01 immediately, calculated as shown in the table below:

Reasons

The property manager, landlord, Ms Brooke, and tenant, Mr Cox, attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated effective 11:59pm on Wednesday 17 July 2024. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the date of the hearing was $4,018.57. Given the tenancy is terminated a further one week from that date, the tenants are ordered to pay a further one week of rent being $495.00.
Mr Cox accepted he and his co-tenant were in rent arrears, however he submitted the total amount owed was $1,000 less. Mr Cox stated his co-tenant Ms Kay Hall made a cash payment to the landlord on 10 April 2024 which was not accounted for in the landlord’s records.
The landlord, Ms Brooke, was present at the hearing. Ms Brooke denied receiving a $1,000 cash payment from Ms Hall on 10 April 2024. Ms Brooke stated only $200 in cash was received on that date, and it was accounted for in the rent ledger provided. Furthermore, Ms Brooke handed up a copy of a text message from Ms Hall to Ms Brooke on 10 April 2024 in which Ms Hall states she had left $200 in an envelope in the mailbox to be put towards rent. The text message exchange does not include any further reference to cash payments on that date.
Mr Cox submitted he had other records to show further cash payments were made to Ms Brooke on 10 April 2024 but did not have them available to hand up. I granted Mr Cox further time, until 12pm the following day being 12pm on 11 July 2024, to file further evidence of cash payments made via email to Auckland Metro Tenancy. As at 2pm on 11 July 2024, no further evidence has been filed.
I accept the landlord’s evidence that only $200 cash was received towards rent on 10 April 2024. The $200 cash payment was recorded in the rent ledger as being deposited on 11 April 2024 and is accounted for in the total arrears. That is consistent with the text message from Ms Hall referring to $200 left in the mailbox. Having received no further evidence to persuade me that additional cash payments were made but not accounted for, I grant the landlord the arrears as set out in the rent ledger.
Given Udy Realty Limited as agent for Julia Louise La Pere-Brooke and Naera Mark Brooke have succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4886041 — Rent arrears at 1A Trotting Terrace, Fairview Heights, Auckland 0632

At a glance

Tenancy Tribunal case 4886041 — Rent arrears at 1A Trotting Terrace, Fairview Heights, Auckland 0632

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