What was the outcome of Tenancy Tribunal case 4911491?

The tribunal order states: The tenancy of Truong Ngyyen Tan at Unit/Flat 502, 9- 17 Byron Avenue,

How much money was awarded in case 4911491?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,431.43 awarded to landlord; Water And Electricity Rates: $406.37 awarded to landlord

What type of tenancy dispute was case 4911491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598615-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911491?

The tribunal order states: The tenancy of Truong Ngyyen Tan at Unit/Flat 502, 9- 17 Byron Avenue,

How much money was awarded in case 4911491?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,431.43 awarded to landlord; Water And Electricity Rates: $406.37 awarded to landlord

What type of tenancy dispute was case 4911491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598615-Tenancy_Tribunal_Order.pdf.

Unit/Flat 502, 9- 17 Byron Avenue, Takapuna, Auckland Tenancy Tribunal Case 4911491 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4911491 — net $2,978.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$4,431.43	Rent arrears to 18 July 2024
Water and electricity rates	$406.37	Water and electricity rates
Reimbursement of filing fee	$20.44	Reimbursement of filing fee
Net award	$2,978.24
Total payable by Tenant to Landlord	$2,978.24

The tenancy of Truong Ngyyen Tan at Unit/Flat 502, 9- 17 Byron Avenue, Takapuna, Auckland 0622, The Spencer is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Xiao Li Liu, at 11:59pm on 18 July 2024.

Truong Ngyyen Tan must pay Barfoot & Thompson Limited As Agent For Xiao Li Liu $2,978.24 immediately being rent arrears to 18 July 2024, unpaid water and electricity rates and the filing fee less the bond, calculated as shown in the table below:

The Bond Centre is to pay the bond of $1,880.00 (6534354-001) to Barfoot & Thompson Limited As Agent For Xiao Li Liu immediately.

Reasons

Ms Zhu attended the hearing for the landlord. The tenant also attended the hearing.

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

The tenancy commenced on 03 October 2023.

During the hearing, the tenant advised that in mid-June 2024 he had vacated the premises and believed that the tenancy had ended at that time. Ms Zhu said she not aware of this. The tenant said that he did so following a conversation with Ms Zhu where he said he had been told to leave the premises. The tenant confirmed that he had not yet returned the keys. Ms Zhu said the tenant had misunderstood her and what she had said was that if the rent was not paid, she would apply to the Tribunal seeking a termination order. The tenant agreed that he had misunderstood Ms Zhu.

Should a termination order be made?

Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) provides that 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. The landlord provided rent records in the form of a rent ledger which prove the rent owing and that rent is significantly more than 21 days in arrears. Therefore, I must make either a final or a conditional termination order.

In its application form, the landlord had indicated it would consider a conditional termination order. In order to make a conditional termination order, I must be satisfied that the tenant will comply with the order and a further breach is unlikely. (See section 55(1A) of the RTA.) The tenant has said that he cannot afford the rent and has moved out of the property. For this reason, I decline to order a conditional termination order and instead make a final termination order. The tenancy is terminated in accordance with section 55(1)(a) of the RTA.

Should an order be made in respect of outgoings?

The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. (Subsection 39(3) of the RTA.) Ms Zhu provided invoices at the hearing for $406.37 in respect of water and electricity consumption charges set out in invoices covering the period from 01 November 2023 to 01 July 2024. The tenant said that he only disputed the final invoice as he had left the premises in mid-June. That invoice is for the period 01 June to 01 July 2024 and is slightly less than each of the previous 2 invoices, possibly reflecting that the tenant had vacated the premises in mid-June. I find that the claim for water and electricity rates has been proven.

The landlord has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4911491 — net $2,978.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$4,431.43	Rent arrears to 18 July 2024
Water and electricity rates	$406.37	Water and electricity rates
Reimbursement of filing fee	$20.44	Reimbursement of filing fee
Net award	$2,978.24
Total payable by Tenant to Landlord	$2,978.24

Order

The tenancy of Truong Ngyyen Tan at Unit/Flat 502, 9- 17 Byron Avenue, Takapuna, Auckland 0622, The Spencer is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Xiao Li Liu, at 11:59pm on 18 July 2024.
Truong Ngyyen Tan must pay Barfoot & Thompson Limited As Agent For Xiao Li Liu $2,978.24 immediately being rent arrears to 18 July 2024, unpaid water and electricity rates and the filing fee less the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,880.00 (6534354-001) to Barfoot & Thompson Limited As Agent For Xiao Li Liu immediately.

Reasons

Ms Zhu attended the hearing for the landlord. The tenant also attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. Background:
The tenancy commenced on 03 October 2023.
During the hearing, the tenant advised that in mid-June 2024 he had vacated the premises and believed that the tenancy had ended at that time. Ms Zhu said she not aware of this. The tenant said that he did so following a conversation with Ms Zhu where he said he had been told to leave the premises. The tenant confirmed that he had not yet returned the keys. Ms Zhu said the tenant had misunderstood her and what she had said was that if the rent was not paid, she would apply to the Tribunal seeking a termination order. The tenant agreed that he had misunderstood Ms Zhu.

Should a termination order be made?

Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) provides that 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. The landlord provided rent records in the form of a rent ledger which prove the rent owing and that rent is significantly more than 21 days in arrears. Therefore, I must make either a final or a conditional termination order.
In its application form, the landlord had indicated it would consider a conditional termination order. In order to make a conditional termination order, I must be satisfied that the tenant will comply with the order and a further breach is unlikely. (See section 55(1A) of the RTA.) The tenant has said that he cannot afford the rent and has moved out of the property. For this reason, I decline to order a conditional termination order and instead make a final termination order. The tenancy is terminated in accordance with section 55(1)(a) of the RTA.

Should an order be made in respect of outgoings?

The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. (Subsection 39(3) of the RTA.) Ms Zhu provided invoices at the hearing for $406.37 in respect of water and electricity consumption charges set out in invoices covering the period from 01 November 2023 to 01 July 2024. The tenant said that he only disputed the final invoice as he had left the premises in mid-June. That invoice is for the period 01 June to 01 July 2024 and is slightly less than each of the previous 2 invoices, possibly reflecting that the tenant had vacated the premises in mid-June. I find that the claim for water and electricity rates has been proven.
The landlord has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Tenancy Tribunal case 4911491 — Rent arrears at Unit/Flat 502, 9- 17 Byron Avenue, Takapuna, Auckland

At a glance

Tenancy Tribunal case 4911491 — Rent arrears at Unit/Flat 502, 9- 17 Byron Avenue, Takapuna, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should a termination order be made?

Should an order be made in respect of outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a termination order be made?

Should an order be made in respect of outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions