What was the outcome of Tenancy Tribunal case 4890820?

The tribunal order states: The tenancy of Chontel Joanne Radt and Adrian Karl Manuel at 104 Te Atatu

How much money was awarded in case 4890820?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,277.15 awarded to landlord; Water Rates: $756.69 awarded to landlord

What type of tenancy dispute was case 4890820?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10586891-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4890820?

The tribunal order states: The tenancy of Chontel Joanne Radt and Adrian Karl Manuel at 104 Te Atatu

How much money was awarded in case 4890820?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,277.15 awarded to landlord; Water Rates: $756.69 awarded to landlord

What type of tenancy dispute was case 4890820?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10586891-Tenancy_Tribunal_Order.pdf.

104 Te Atatu Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4890820 — Rent arrears

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104 Te Atatu Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4890820 — 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 4890820 — net $5,454.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 July 2024	$7,277.15	Rent arrears as of 16 July 2024
Water rates	$756.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,454.28
Total payable by Tenant to Landlord	$5,454.28

Claims and awards for application 4890820 — net $5,454.28 NZD. Verify on MoJ.

Rent arrears as of 16 July 2024

Amount: $7,277.15
Awarded to: Landlord
Reason: Rent arrears as of 16 July 2024

Water rates

Amount: $756.69
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $5,454.28

Total payable by Tenant to Landlord

Landlord $5,454.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Chontel Joanne Radt and Adrian Karl Manuel at 104 Te Atatu Road, Te Atatu South, Auckland 0610 is terminated, and immediate possession is granted to Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited.
The Bond Centre is to pay the bond of $2,600.00 (5187098-001) to Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited immediately.
Chontel Joanne Radt and Adrian Karl Manuel must pay Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited, $5,454.28 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as of 16 July 2024$7,277.15 Water rates$756.69 Filing fee reimbursement$20.44 Total award$8,054.28 Minus bond-$2,600.00 Total payable by Tenant to Landlord$5,454.28

Reasons

Only the landlord appeared at the hearing. I am satisfied that the tenants have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 2 June 2022.
The landlord is 104TE Limited, by way of an agent, Onecall Property Management Limited.
The co-tenants are Chontel Joanne Radt and Adrian Karl Manuel.
The evidence is that the last rent payment was on 1 May 2024.
The landlord applies to terminate the tenancy.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenant pay rent arrears and water rates.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. The landlord has established that the tenants are in arrears of the amount claimed being $7,277.15, and that is ordered in full.
The landlord has established that the tenant owes water rates of $756.69. That is also ordered in full.

TERMINATION

The landlord applies for a termination of the tenancy on the ground of rent arrears.
The landlord applied for a termination of the tenancy under section 56, as the tenant had not complied with 14 day notices to pay the rent arrears. However, section 56(2) confirms that: Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.
Section 55 is a general termination provision, and that requires that the Tribunal “shall” order a termination of the tenancy when the rent is more than 21 days in arrears. At the time of the hearing the rent arrears are well beyond the 21 day level, so the tenancy is terminated, and I order that be with immediate effect.

BOND

The bond is to be released to the landlord immediately, to offset the arrears and water rates.

DAMAGE

The landlord has claimed for damage to the premises. Given that the tenancy is now terminated, it is sensible that the landlord take possession of the premises, and if there is damage to the inside of the premises, that this all be claimed once the premises are returned. Accordingly, the landlord may bring a new claim for all damage and any other post-vacation costs at a later date.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 4890820 — net $5,454.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 July 2024	$7,277.15	Rent arrears as of 16 July 2024
Water rates	$756.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,454.28
Total payable by Tenant to Landlord	$5,454.28

Claims and awards for application 4890820 — net $5,454.28 NZD. Verify on MoJ.

Rent arrears as of 16 July 2024

Amount: $7,277.15
Awarded to: Landlord
Reason: Rent arrears as of 16 July 2024

Water rates

Amount: $756.69
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $5,454.28

Total payable by Tenant to Landlord

Landlord $5,454.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Chontel Joanne Radt and Adrian Karl Manuel at 104 Te Atatu Road, Te Atatu South, Auckland 0610 is terminated, and immediate possession is granted to Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited.
The Bond Centre is to pay the bond of $2,600.00 (5187098-001) to Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited immediately.
Chontel Joanne Radt and Adrian Karl Manuel must pay Cirone Limited T/A Onecall Property Management Acting Agent For 104TE Limited, $5,454.28 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as of 16 July 2024$7,277.15 Water rates$756.69 Filing fee reimbursement$20.44 Total award$8,054.28 Minus bond-$2,600.00 Total payable by Tenant to Landlord$5,454.28

Reasons

Only the landlord appeared at the hearing. I am satisfied that the tenants have been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 2 June 2022.
The landlord is 104TE Limited, by way of an agent, Onecall Property Management Limited.
The co-tenants are Chontel Joanne Radt and Adrian Karl Manuel.
The evidence is that the last rent payment was on 1 May 2024.
The landlord applies to terminate the tenancy.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenant pay rent arrears and water rates.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. The landlord has established that the tenants are in arrears of the amount claimed being $7,277.15, and that is ordered in full.
The landlord has established that the tenant owes water rates of $756.69. That is also ordered in full.

TERMINATION

The landlord applies for a termination of the tenancy on the ground of rent arrears.
The landlord applied for a termination of the tenancy under section 56, as the tenant had not complied with 14 day notices to pay the rent arrears. However, section 56(2) confirms that: Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.
Section 55 is a general termination provision, and that requires that the Tribunal “shall” order a termination of the tenancy when the rent is more than 21 days in arrears. At the time of the hearing the rent arrears are well beyond the 21 day level, so the tenancy is terminated, and I order that be with immediate effect.

BOND

The bond is to be released to the landlord immediately, to offset the arrears and water rates.

DAMAGE

The landlord has claimed for damage to the premises. Given that the tenancy is now terminated, it is sensible that the landlord take possession of the premises, and if there is damage to the inside of the premises, that this all be claimed once the premises are returned. Accordingly, the landlord may bring a new claim for all damage and any other post-vacation costs at a later date.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4890820 — Rent arrears at 104 Te Atatu Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4890820 — Rent arrears at 104 Te Atatu Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RENT ARREARS AND WATER RATES

TERMINATION

BOND

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RENT ARREARS AND WATER RATES

TERMINATION

BOND

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions