What was the outcome of Tenancy Tribunal case 4914453?

The tribunal order states: The tenancy of Adam Khan at Unit/Flat 8i, 2-6 May Road, Mangere East,

How much money was awarded in case 4914453?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $804.00 awarded to landlord

What type of tenancy dispute was case 4914453?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4914453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640824-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4914453?

The tribunal order states: The tenancy of Adam Khan at Unit/Flat 8i, 2-6 May Road, Mangere East,

How much money was awarded in case 4914453?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $804.00 awarded to landlord

What type of tenancy dispute was case 4914453?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4914453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640824-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8i, 2-6 May Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4914453 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4914453 — net $488.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 July 2024	$804.00	Rent arrears to 29 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$488.44
Total payable by Tenant to Landlord	$488.44

The tenancy of Adam Khan at Unit/Flat 8i, 2-6 May Road, Mangere East, Auckland 2024 is terminated, and possession is granted to Home In Place (New Zealand) Limited, at 11.59pm on Monday 29 July 2024.

The Bond Centre is to pay the bond of $336.00 (6172592-010) to Home In Place (New Zealand) Limited immediately.

Adam Khan must pay Home In Place (New Zealand) Limited $488.44 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $336.00 (6172592-010) to Home In Place (New Zealand) Limited immediately.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in his absence.

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

The basis of the tenant’s application is that rent was at least 21 days in arrears on the date the application was filed.

The landlord’s rent summary was discussed at the hearing. The rent summary was not ideal because it did not total the whole of the tenancy by week or total the whole of the sums paid by the tenancy by the tenant. This meant this needed to be done at the hearing and I asked the landlord to do this.

At the date of the application the tenancy was 32 weeks and 1 day long. The weekly rent is $84. This means that at the date the application was lodged (13 June 2024) the amount due for the whole tenancy was $2,700. The landlord agreed with this.

I asked the landlord to add up the amounts paid by the tenant to this date. The landlord says that the tenant paid $504 less a bond of $336 (being $168 towards rent) plus 28 lots of $84 (84 x 28 = $2,352). This totals $2,520. However, the landlord could not understand (and I also could not see on the basis of the landlord’s calculations) how at the hearing his automatic rent calculation system was producing arrears greater than the calculations being done at the hearing ($2,700 less $2,520).

After the hearing I have been able to see the landlord was, in fact, mistaken in his additions during the course of the hearing. The rent history shows 27 payments of $84 made during the tenancy not 28 payments as the landlord counted.

It would be wise for the landlord to have the totals already calculated and included on rent history documents for any similar hearings in the future so that miscalculations do not cause difficulty.

When this adjustment is made this makes the arrears at the date the application sufficient to terminate the tenancy. I am told the tenant is no longer living at the property and so I have terminated the tenancy today.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

Once the above is taken into consideration the landlord provided rent records which prove the amount owing at the end of the tenancy today. Arrears have been ordered to today.

I award the filing fee because the landlord has been wholly successful.

Order

Claims and awards in Tenancy Tribunal application 4914453 — net $488.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 July 2024	$804.00	Rent arrears to 29 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$488.44
Total payable by Tenant to Landlord	$488.44

The tenancy of Adam Khan at Unit/Flat 8i, 2-6 May Road, Mangere East, Auckland 2024 is terminated, and possession is granted to Home In Place (New Zealand) Limited, at 11.59pm on Monday 29 July 2024.

The Bond Centre is to pay the bond of $336.00 (6172592-010) to Home In Place (New Zealand) Limited immediately.

Adam Khan must pay Home In Place (New Zealand) Limited $488.44 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $336.00 (6172592-010) to Home In Place (New Zealand) Limited immediately.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in his absence.

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

The basis of the tenant’s application is that rent was at least 21 days in arrears on the date the application was filed.

It would be wise for the landlord to have the totals already calculated and included on rent history documents for any similar hearings in the future so that miscalculations do not cause difficulty.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

Once the above is taken into consideration the landlord provided rent records which prove the amount owing at the end of the tenancy today. Arrears have been ordered to today.

I award the filing fee because the landlord has been wholly successful.

Tenancy Tribunal case 4914453 — Rent arrears at Unit/Flat 8i, 2-6 May Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4914453 — Rent arrears at Unit/Flat 8i, 2-6 May Road, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions