What was the outcome of Tenancy Tribunal case 4915035?

The tribunal order states: The tenancy of Eunchul Park and Hoyoung Jang at Unit/Flat 2, 360 East Coast

How much money was awarded in case 4915035?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $22,248.31 awarded to landlord; Rent From 17 July 2024: $468.57 awarded to landlord; Water Rates: $590.82 awarded to landlord

What type of tenancy dispute was case 4915035?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4915035?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10593175-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4915035?

The tribunal order states: The tenancy of Eunchul Park and Hoyoung Jang at Unit/Flat 2, 360 East Coast

How much money was awarded in case 4915035?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $22,248.31 awarded to landlord; Rent From 17 July 2024: $468.57 awarded to landlord; Water Rates: $590.82 awarded to landlord

What type of tenancy dispute was case 4915035?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4915035?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10593175-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland Tenancy Tribunal Case 4915035 — Rent arrears

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Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland Tenancy Tribunal Case 4915035 — 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 4915035 — net $20,048.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$22,248.31	Rent arrears to 16 July 2024
Rent from 17 July 2024 to 20 July 2024	$468.57	Rent from 17 July 2024 to 20 July 2024
Water rates	$590.82	Water rates
Filing fee	$20.44	Filing fee
Net award	$20,048.13
Total payable by Tenant to Landlord	$20,048.13

Claims and awards for application 4915035 — net $20,048.13 NZD. Verify on MoJ.

Rent arrears to 16 July 2024

Amount: $22,248.31
Awarded to: Landlord
Reason: Rent arrears to 16 July 2024

Rent from 17 July 2024 to 20 July 2024

Amount: $468.57
Awarded to: Landlord
Reason: Rent from 17 July 2024 to 20 July 2024

Water rates

Amount: $590.82
Awarded to: Landlord
Reason: Water rates

Filing fee

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

Net award

Landlord $20,048.13

Total payable by Tenant to Landlord

Landlord $20,048.13

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Eunchul Park and Hoyoung Jang at Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland 0630 is terminated, and possession is granted to Access Real Estate Ltd, at 11:59pm on Saturday 20 July 2024.
The Bond Centre is to pay the bond of $3,280.00 (6375602-012) to Access Real Estate Ltd immediately.
Eunchul Park and Hoyoung Jang must pay Access Real Estate Ltd $20,048.13 immediately, calculated as shown in the table below:

Reasons

The hearing was converted to a teleconference hearing. On 15 July 2024, the Ministry contacted all parties to advise the hearing would be by teleconference.
On the day of the hearing, the landlord attended via teleconference. I attempted to call the tenants on the last known mobile numbers for Eunchul Park and Hoyoung Jang. Both calls went to voice mail. I determined the hearing should continue in their absence.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. Termination and rent arrears
As at the date of application, rent arrears of $18,265.71 were due. Given rent was $820.00 per week, arrears were more than 21 days in arrears on the date the application was filed. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of 16 July 2024 was $22,248.31. The landlord sought immediate termination. Given the tenants did not attend the hearing, and therefore may need some time to make arrangements after receiving this order, I have set the date of termination as the end of this coming Saturday 20 July 2024. The tenants must quit the premises by 11:59pm on that date.
The tenants are ordered to pay rent arrears as due at the end of 16 July 2024, and also rent up until the end of 20 July 2024. Water rates
The landlord provided Watercare invoices which prove the amount owing in water rates (consumption only) from December 2023 – June 2024 is $590.82.
The landlord sought $624.48 for unpaid water rates. The landlord’s claim included two additional charges, one in the invoice dated 21 December 2023 for $14.47 and one in the invoice dated 23 January 2024 for $19.19. In both invoices they were described as “Other charges.”
The landlord’s agent submitted the “Other charges” were incurred due to late payment of the invoices by the tenant. However, it is for the landlord, as ratepayer and owner, to pay the water charges and to then seek reimbursement of any consumption charges from the tenant. I am not satisfied the “Other charges” are the sole responsibility of the tenant and they are therefore not included in the amount awarded Filing fee
As Access Real Estate Ltd has succeeded with the claim, the tenant must reimburse the filing fee.

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 4915035 — net $20,048.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$22,248.31	Rent arrears to 16 July 2024
Rent from 17 July 2024 to 20 July 2024	$468.57	Rent from 17 July 2024 to 20 July 2024
Water rates	$590.82	Water rates
Filing fee	$20.44	Filing fee
Net award	$20,048.13
Total payable by Tenant to Landlord	$20,048.13

Claims and awards for application 4915035 — net $20,048.13 NZD. Verify on MoJ.

Rent arrears to 16 July 2024

Amount: $22,248.31
Awarded to: Landlord
Reason: Rent arrears to 16 July 2024

Rent from 17 July 2024 to 20 July 2024

Amount: $468.57
Awarded to: Landlord
Reason: Rent from 17 July 2024 to 20 July 2024

Water rates

Amount: $590.82
Awarded to: Landlord
Reason: Water rates

Filing fee

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

Net award

Landlord $20,048.13

Total payable by Tenant to Landlord

Landlord $20,048.13

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Eunchul Park and Hoyoung Jang at Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland 0630 is terminated, and possession is granted to Access Real Estate Ltd, at 11:59pm on Saturday 20 July 2024.
The Bond Centre is to pay the bond of $3,280.00 (6375602-012) to Access Real Estate Ltd immediately.
Eunchul Park and Hoyoung Jang must pay Access Real Estate Ltd $20,048.13 immediately, calculated as shown in the table below:

Reasons

The hearing was converted to a teleconference hearing. On 15 July 2024, the Ministry contacted all parties to advise the hearing would be by teleconference.
On the day of the hearing, the landlord attended via teleconference. I attempted to call the tenants on the last known mobile numbers for Eunchul Park and Hoyoung Jang. Both calls went to voice mail. I determined the hearing should continue in their absence.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond. Termination and rent arrears
As at the date of application, rent arrears of $18,265.71 were due. Given rent was $820.00 per week, arrears were more than 21 days in arrears on the date the application was filed. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of 16 July 2024 was $22,248.31. The landlord sought immediate termination. Given the tenants did not attend the hearing, and therefore may need some time to make arrangements after receiving this order, I have set the date of termination as the end of this coming Saturday 20 July 2024. The tenants must quit the premises by 11:59pm on that date.
The tenants are ordered to pay rent arrears as due at the end of 16 July 2024, and also rent up until the end of 20 July 2024. Water rates
The landlord provided Watercare invoices which prove the amount owing in water rates (consumption only) from December 2023 – June 2024 is $590.82.
The landlord sought $624.48 for unpaid water rates. The landlord’s claim included two additional charges, one in the invoice dated 21 December 2023 for $14.47 and one in the invoice dated 23 January 2024 for $19.19. In both invoices they were described as “Other charges.”
The landlord’s agent submitted the “Other charges” were incurred due to late payment of the invoices by the tenant. However, it is for the landlord, as ratepayer and owner, to pay the water charges and to then seek reimbursement of any consumption charges from the tenant. I am not satisfied the “Other charges” are the sole responsibility of the tenant and they are therefore not included in the amount awarded Filing fee
As Access Real Estate Ltd has succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4915035 — Rent arrears at Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland

At a glance

Tenancy Tribunal case 4915035 — Rent arrears at Unit/Flat 2, 360 East Coast Road, Sunnynook, Auckland

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