What was the outcome of Tenancy Tribunal case 4886374?

The tribunal order states: Jason Cook owes Crystal Realty Limited T/A: Harcourts Mt Roskill $13,405.44

How much money was awarded in case 4886374?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,385.00 awarded to landlord; Rent In Advance For 05/08/2024 – 11/…: $675.00 awarded to landlord

What type of tenancy dispute was case 4886374?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10630995-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886374?

The tribunal order states: Jason Cook owes Crystal Realty Limited T/A: Harcourts Mt Roskill $13,405.44

How much money was awarded in case 4886374?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,385.00 awarded to landlord; Rent In Advance For 05/08/2024 – 11/…: $675.00 awarded to landlord

What type of tenancy dispute was case 4886374?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10630995-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 52 Tudor Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4886374 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4886374 — net $14,080.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for 05/08/2024 – 11/08/2024	$675.00	Rent in advance for 05/08/2024 – 11/08/2024
Rent arrears to 4 August 2024	$13,385.00	Rent arrears to 4 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,080.44
Total payable by Tenant to Landlord	$14,080.44

Jason Cook owes Crystal Realty Limited T/A: Harcourts Mt Roskill $13,405.44 (“the debt”) being rent arrears to 4 August 2024 and the filing fee.

Jason Cook must pay rent and the debt as follows: a. By 1 weekly payment of $14,080.44, being $675.00 for rent and $13,385.00 for the debt by 5:00pm, Monday 5 August 2024.

Payment 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 the due date: a. The tenancy at Unit/Flat 4, 52 Tudor Road, Henderson, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

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

Jason Cook must pay Crystal Realty Limited T/A: Harcourts Mt Roskill $14,080.44 by 5:00pm, Monday 5 August 2024 as detailed in the table below.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination. Background

The tenancy began on 28 February 2022.

The rent is $675.00 per week.

There were initially two tenants on the tenancy agreement, Mr Cook and his ex- partner. Mr Cook’s ex-partner was removed from the tenancy agreement on 14 April 2024.

At the hearing on 26 July 2024, rent arrears totalled $13,842.10. The landlord requested that this figure be reduced by $1,325.00. The landlord advised the Tribunal that this figure represented a portion of the arrears owed by Mr Cook’s ex-partner. The landlord did not seek to recoup this amount from Mr Cook. Therefore, it was agreed by both parties that the rent arrears at the date of the hearing were $12,517.71.

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.

The application was filed on 13 May 2024. Rent was in arrears of $7,966.42 (82 days) on this date.

The tenant advised the Tribunal that they were temporarily remanded in custody, which was the main reason they fell behind in their payment of rent. The tenant has recently been granted bail and is now in a position to approach Work and Income New Zealand (WINZ) for financial assistance and begin looking for a job. The landlord advised the Tribunal that they wanted to allow the tenant an opportunity to do this.

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. Rent arrears

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

The rent was in arrears of $12,517.71 at the date of the hearing on 26 July 2024. A payment of rent was due on 22 July 2024 for the period 22/07/2024 – 28/07/2024. This has not been paid by the tenant.

The Tribunal has decided to allow the tenant until 5:00pm, Monday 5 August 2024 to pay the arrears. Therefore, the rent arrears have been calculated up to 4 August 2024 and will be $13,385.00 on this date. Filing fee

Because Crystal Realty Limited T/A: Harcourts Mt Roskill has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4886374 — net $14,080.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for 05/08/2024 – 11/08/2024	$675.00	Rent in advance for 05/08/2024 – 11/08/2024
Rent arrears to 4 August 2024	$13,385.00	Rent arrears to 4 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,080.44
Total payable by Tenant to Landlord	$14,080.44

Order

Jason Cook owes Crystal Realty Limited T/A: Harcourts Mt Roskill $13,405.44 (“the debt”) being rent arrears to 4 August 2024 and the filing fee.
Jason Cook must pay rent and the debt as follows: a. By 1 weekly payment of $14,080.44, being $675.00 for rent and $13,385.00 for the debt by 5:00pm, Monday 5 August 2024.
Payment 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 the due date: a. The tenancy at Unit/Flat 4, 52 Tudor Road, Henderson, Auckland 0610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Jason Cook must pay Crystal Realty Limited T/A: Harcourts Mt Roskill $14,080.44 by 5:00pm, Monday 5 August 2024 as detailed in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination. Background
The tenancy began on 28 February 2022.
The rent is $675.00 per week.
There were initially two tenants on the tenancy agreement, Mr Cook and his ex- partner. Mr Cook’s ex-partner was removed from the tenancy agreement on 14 April 2024.
At the hearing on 26 July 2024, rent arrears totalled $13,842.10. The landlord requested that this figure be reduced by $1,325.00. The landlord advised the Tribunal that this figure represented a portion of the arrears owed by Mr Cook’s ex-partner. The landlord did not seek to recoup this amount from Mr Cook. Therefore, it was agreed by both parties that the rent arrears at the date of the hearing were $12,517.71.

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.
The application was filed on 13 May 2024. Rent was in arrears of $7,966.42 (82 days) on this date.
The tenant advised the Tribunal that they were temporarily remanded in custody, which was the main reason they fell behind in their payment of rent. The tenant has recently been granted bail and is now in a position to approach Work and Income New Zealand (WINZ) for financial assistance and begin looking for a job. The landlord advised the Tribunal that they wanted to allow the tenant an opportunity to do this.
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. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The rent was in arrears of $12,517.71 at the date of the hearing on 26 July 2024. A payment of rent was due on 22 July 2024 for the period 22/07/2024 – 28/07/2024. This has not been paid by the tenant.
The Tribunal has decided to allow the tenant until 5:00pm, Monday 5 August 2024 to pay the arrears. Therefore, the rent arrears have been calculated up to 4 August 2024 and will be $13,385.00 on this date. Filing fee
Because Crystal Realty Limited T/A: Harcourts Mt Roskill has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4886374 — Rent arrears at Unit/Flat 4, 52 Tudor Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4886374 — Rent arrears at Unit/Flat 4, 52 Tudor Road, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions