What was the outcome of Tenancy Tribunal case 4911102?

The tribunal order states: The tenancy of Kayla Anne Binning at Unit/Flat 1, 14A Kaponga Crescent, New

How much money was awarded in case 4911102?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,070.71 awarded to landlord

What type of tenancy dispute was case 4911102?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650001-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911102?

The tribunal order states: The tenancy of Kayla Anne Binning at Unit/Flat 1, 14A Kaponga Crescent, New

How much money was awarded in case 4911102?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,070.71 awarded to landlord

What type of tenancy dispute was case 4911102?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650001-Tribunal_Order.pdf.

Unit/Flat 1, 14A Kaponga Crescent, New Lynn, Auckland Tenancy Tribunal Case 4911102 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4911102 — net $2,091.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 02/08/2024	$2,070.71	Rent arrears (to 02/08/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,091.15
Total payable by Tenant to Landlord	$2,091.15

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, fail to remedy breaches capable of remedying and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by repeatedly failing to pay her rent when it is due and not paying the rent arrears within the periods specified in the 14-day notices given to the tenant on 22 April 2024, 2 May 2024, 8 May 2024 and 5 June 2024.

The tenant has breached their obligations by repeatedly failing to cease engaging in the anti-social behaviour specified in the 14-day notices issued to the tenant on 4 and 5 June 2024. These relate to numerous different persons going in and out of the apartment, for around 10-minute periods, at all times of the day and night disturbing the neighbours and parking in no parking zones, graffiti on the fence, smoking inside the apartment, on the apartment balcony, in the apartment building and outside the apartment.

The tenant did not remedy the rent arrears or the smoking breaching within the required period. The neighbours are being disturbed and frightening the neighbourhood children and blocking access to the other tenants by parking ion yellow lined areas designated as no parking zones.

It would be inequitable to refuse to terminate the tenancy because the tenant continues to breach her obligations under the RTA in that her rent is still in significant arrears, her guests continue to come at odd hours of the day and night parking in no park zones and disturbing the neighbouring tenants and is blatantly smoking inside the apartment, on the balcony, inside the apartment block and in the carport. There is video footage of the smoking breaches including from this morning.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The District Court Act 2016 confirms the landlord will be unable to enforce the eviction Order for 48 hours. As such, the final rent arrears have been calculated to 2 August 2024.

Where the tenant has not moved out on 2 August 2024, the landlord has indicated that he will make an application to the Ministry of Justice for an eviction warrant and a bailiff to execute the eviction warrant and eviction order. The tenant will be liable for the additional costs associated with the eviction process. Reimbursement of the filing fee

Because Tim Luo has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4911102 — net $2,091.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 02/08/2024	$2,070.71	Rent arrears (to 02/08/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,091.15
Total payable by Tenant to Landlord	$2,091.15

Order

The tenancy of Kayla Anne Binning at Unit/Flat 1, 14A Kaponga Crescent, New Lynn, Auckland 0600 is terminated, and possession is granted to Tim Luo, at 11:59pm on Tuesday 30 July 2024.
Kayla Anne Binning must pay Tim Luo $2,091.15 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, fail to remedy breaches capable of remedying and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by repeatedly failing to pay her rent when it is due and not paying the rent arrears within the periods specified in the 14-day notices given to the tenant on 22 April 2024, 2 May 2024, 8 May 2024 and 5 June 2024.
The tenant has breached their obligations by repeatedly failing to cease engaging in the anti-social behaviour specified in the 14-day notices issued to the tenant on 4 and 5 June 2024. These relate to numerous different persons going in and out of the apartment, for around 10-minute periods, at all times of the day and night disturbing the neighbours and parking in no parking zones, graffiti on the fence, smoking inside the apartment, on the apartment balcony, in the apartment building and outside the apartment.
The tenant did not remedy the rent arrears or the smoking breaching within the required period. The neighbours are being disturbed and frightening the neighbourhood children and blocking access to the other tenants by parking ion yellow lined areas designated as no parking zones.
It would be inequitable to refuse to terminate the tenancy because the tenant continues to breach her obligations under the RTA in that her rent is still in significant arrears, her guests continue to come at odd hours of the day and night parking in no park zones and disturbing the neighbouring tenants and is blatantly smoking inside the apartment, on the balcony, inside the apartment block and in the carport. There is video footage of the smoking breaches including from this morning.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The District Court Act 2016 confirms the landlord will be unable to enforce the eviction Order for 48 hours. As such, the final rent arrears have been calculated to 2 August 2024.
Where the tenant has not moved out on 2 August 2024, the landlord has indicated that he will make an application to the Ministry of Justice for an eviction warrant and a bailiff to execute the eviction warrant and eviction order. The tenant will be liable for the additional costs associated with the eviction process. Reimbursement of the filing fee
Because Tim Luo has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4911102 — Rent arrears at Unit/Flat 1, 14A Kaponga Crescent, New Lynn, Auckland

At a glance

Tenancy Tribunal case 4911102 — Rent arrears at Unit/Flat 1, 14A Kaponga Crescent, New Lynn, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions