What was the outcome of Tenancy Tribunal case 4911096?

The tribunal order states: The tenancy of Chuthamat Phimsaeng and Pornchita Phimsaeng at Unit/Flat

How much money was awarded in case 4911096?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,450.00 awarded to landlord; Rent From 12 – 18 July 2024: $490.00 awarded to landlord

What type of tenancy dispute was case 4911096?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911096?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566513-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911096?

The tribunal order states: The tenancy of Chuthamat Phimsaeng and Pornchita Phimsaeng at Unit/Flat

How much money was awarded in case 4911096?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,450.00 awarded to landlord; Rent From 12 – 18 July 2024: $490.00 awarded to landlord

What type of tenancy dispute was case 4911096?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911096?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566513-Tenancy_Tribunal_Order.pdf.

Unit/Flat 408, 85 Beach Road, Auckland Central, Auckland Tenancy Tribunal Case 4911096 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4911096 — net $1,000.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2024	$2,450.00	Rent arrears to 11 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rent from 12 – 18 July 2024	$490.00	Rent from 12 – 18 July 2024
Net award	$1,000.44
Total payable by Tenant to Landlord	$1,000.44

The tenancy of Chuthamat Phimsaeng and Pornchita Phimsaeng at Unit/Flat 408, 85 Beach Road, Auckland Central, Auckland 1010, The Beach is terminated, and possession is granted to Tuscancity Property Management Limited As Agent For Rene Lentini, at 5pm on Thursday 18 July 2024.

Chuthamat Phimsaeng and Pornchita Phimsaeng must pay Tuscancity Property Management Limited as agent for Rene Lentini $1,000.44 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $1,960.00 (5586114-013) to Tuscancity Property Management Limited As Agent For Rene Lentini immediately.

Reasons

Ms Chuthamat Phimsaeng and the landlord’s agent attended the hearing. Ms Phimsaeng had previously advised Tenancy Services that Ms Pornchita Phimsaeng is currently in Thailand.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The application for termination was originally filed on the basis that on 3 separate occasions within a 90-day period the rent was at least 5 working days in arrears, that is, under s 55(1)(aa) of the Residential Tenancies Act 1986 (the Act).

However, at the hearing, the landlord’s agent indicated he now sought termination on the basis the tenant was currently more than 21 days in arrears, that is under s 55(1)(a) of the Act.

Ms Phimsaeng accepted she was in arrears and, subject to receiving the landlord’s updated record of arrears filed shortly before the hearing, accepted the current total arrears to the end of 11 July 2024 are $2450.00. Both parties confirmed the last rent payment Ms Phimsaeng made was for $490.00 on 17 June 2024 and no further rent payments had been made since.

Following the hearing, I received the landlord’s agent’s updated record of arrears which show rental arrears of $2450.00 to the end of 11 July 2024.

Had the application proceeded on the original grounds, under s 55(1)(aa) of the Act, the application would have been dismissed. That is because the landlord was not entitled to seek termination under s 55(1)(aa) when the tenancy was a fixed term tenancy. The tenancy agreement records that the tenancy was a fixed term from 2 February 2024 until 1 May 2024. The first two notices which were purportedly issued under s 55(1)(aa)(ii) and (iii) were issued on 8 April 2024 and 29 April 2024, that is, during the period of the fixed term tenancy. Accordingly, the application under s 55(1)(aa) would have been dismissed.

However, at the hearing, the landlord’s agent indicated he now sought termination on the basis the tenant was currently more than 21 days in arrears, that is an application under s 55(1)(a).

The application had been made under s 55(1). Given that, I am able to consider making an order terminating the tenancy if any of the sub-sections of s 55(1) are satisfied. In order to satisfy s 55(1)(a), the landlord must satisfy me that the tenant was more than 21 days in arrears at the date the application, not the date of hearing.

On the date of application, as at 10 June 2024, the landlord’s agent provided records to establish that the tenant was $1470.00 in arrears as at that date. That equates to 21 days in arrears. Accordingly, the Tribunal must terminate the tenancy.

When should the tenancy be terminated?

The hearing was conducted via telephone, due to the landlord’s agent being overseas, and also due to Ms Phimsaeng currently isolating with Covid-19, having tested positive on Tuesday 9 July 2024.

The landlord sought immediate termination and possession of the property, citing the continuing accrual of rent arrears.

Ms Phimsaeng accepted the grounds for termination were made out but submitted she required a week to find a new property, clear out her belongings and clean the property.

I consider continuing the tenancy for one further week is appropriate to allow Ms Phimsaeng time to find a new property, move her belongings and clean the property, and also to allow her time to recover from Covid-19.

The tenant is required to pay rent up until the final day of the tenancy, therefore rent for the week 12 – 18 July 2024 is included in the order above.

Should the tenant reimburse the filing fee?

Given Tuscancity Property Management Limited as agent for Rene Lentini has succeeded in their claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4911096 — net $1,000.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2024	$2,450.00	Rent arrears to 11 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rent from 12 – 18 July 2024	$490.00	Rent from 12 – 18 July 2024
Net award	$1,000.44
Total payable by Tenant to Landlord	$1,000.44

Order

The tenancy of Chuthamat Phimsaeng and Pornchita Phimsaeng at Unit/Flat 408, 85 Beach Road, Auckland Central, Auckland 1010, The Beach is terminated, and possession is granted to Tuscancity Property Management Limited As Agent For Rene Lentini, at 5pm on Thursday 18 July 2024.
Chuthamat Phimsaeng and Pornchita Phimsaeng must pay Tuscancity Property Management Limited as agent for Rene Lentini $1,000.44 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,960.00 (5586114-013) to Tuscancity Property Management Limited As Agent For Rene Lentini immediately.

Reasons

Ms Chuthamat Phimsaeng and the landlord’s agent attended the hearing. Ms Phimsaeng had previously advised Tenancy Services that Ms Pornchita Phimsaeng is currently in Thailand.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The application for termination was originally filed on the basis that on 3 separate occasions within a 90-day period the rent was at least 5 working days in arrears, that is, under s 55(1)(aa) of the Residential Tenancies Act 1986 (the Act).
However, at the hearing, the landlord’s agent indicated he now sought termination on the basis the tenant was currently more than 21 days in arrears, that is under s 55(1)(a) of the Act.
Ms Phimsaeng accepted she was in arrears and, subject to receiving the landlord’s updated record of arrears filed shortly before the hearing, accepted the current total arrears to the end of 11 July 2024 are $2450.00. Both parties confirmed the last rent payment Ms Phimsaeng made was for $490.00 on 17 June 2024 and no further rent payments had been made since.
Following the hearing, I received the landlord’s agent’s updated record of arrears which show rental arrears of $2450.00 to the end of 11 July 2024.
Had the application proceeded on the original grounds, under s 55(1)(aa) of the Act, the application would have been dismissed. That is because the landlord was not entitled to seek termination under s 55(1)(aa) when the tenancy was a fixed term tenancy. The tenancy agreement records that the tenancy was a fixed term from 2 February 2024 until 1 May 2024. The first two notices which were purportedly issued under s 55(1)(aa)(ii) and (iii) were issued on 8 April 2024 and 29 April 2024, that is, during the period of the fixed term tenancy. Accordingly, the application under s 55(1)(aa) would have been dismissed.
However, at the hearing, the landlord’s agent indicated he now sought termination on the basis the tenant was currently more than 21 days in arrears, that is an application under s 55(1)(a).
The application had been made under s 55(1). Given that, I am able to consider making an order terminating the tenancy if any of the sub-sections of s 55(1) are satisfied. In order to satisfy s 55(1)(a), the landlord must satisfy me that the tenant was more than 21 days in arrears at the date the application, not the date of hearing.
On the date of application, as at 10 June 2024, the landlord’s agent provided records to establish that the tenant was $1470.00 in arrears as at that date. That equates to 21 days in arrears. Accordingly, the Tribunal must terminate the tenancy.

When should the tenancy be terminated?

The hearing was conducted via telephone, due to the landlord’s agent being overseas, and also due to Ms Phimsaeng currently isolating with Covid-19, having tested positive on Tuesday 9 July 2024.
The landlord sought immediate termination and possession of the property, citing the continuing accrual of rent arrears.
Ms Phimsaeng accepted the grounds for termination were made out but submitted she required a week to find a new property, clear out her belongings and clean the property.
I consider continuing the tenancy for one further week is appropriate to allow Ms Phimsaeng time to find a new property, move her belongings and clean the property, and also to allow her time to recover from Covid-19.
The tenant is required to pay rent up until the final day of the tenancy, therefore rent for the week 12 – 18 July 2024 is included in the order above.

Should the tenant reimburse the filing fee?

Given Tuscancity Property Management Limited as agent for Rene Lentini has succeeded in their claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 4911096 — Rent arrears at Unit/Flat 408, 85 Beach Road, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4911096 — Rent arrears at Unit/Flat 408, 85 Beach Road, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

When should the tenancy be terminated?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

When should the tenancy be terminated?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions