What was the outcome of Tenancy Tribunal case 4920874?

The tribunal order states: Josh Shea Jones must pay Abernethy & Burke Management Limited T/As

How much money was awarded in case 4920874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,021.43 awarded to landlord

What type of tenancy dispute was case 4920874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4920874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10602620-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4920874?

The tribunal order states: Josh Shea Jones must pay Abernethy & Burke Management Limited T/As

How much money was awarded in case 4920874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,021.43 awarded to landlord

What type of tenancy dispute was case 4920874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4920874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10602620-Tenancy_Tribunal_Order.pdf.

19B Fynes Avenue, Stonefields, Auckland 1072 Tenancy Tribunal Case 4920874 — Rent arrears

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19B Fynes Avenue, Stonefields, Auckland 1072 Tenancy Tribunal Case 4920874 — 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 4920874 — net $1,241.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$5,021.43	Rent arrears to 12 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,241.87
Total payable by Tenant to Landlord	$1,241.87

Claims and awards for application 4920874 — net $1,241.87 NZD. Verify on MoJ.

Rent arrears to 12 July 2024

Amount: $5,021.43
Awarded to: Landlord
Reason: Rent arrears to 12 July 2024

Filing fee reimbursement

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

Net award

Landlord $1,241.87

Total payable by Tenant to Landlord

Landlord $1,241.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Josh Shea Jones must pay Abernethy & Burke Management Limited T/As Propertyscouts Urban As Agent For Emily Lo $1,241.87 immediately, being rent arrears to 12 July 2024 and reimbursement of the filing fee less the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,800.00 (6078834-002) to Abernethy & Burke Management Limited T/As Propertyscouts Urban As Agent For Emily Lo immediately.

Reasons

Mr Burke attended the hearing for the landlord. The tenant did not attend the hearing. The tenant was given notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. At the hearing, Mr Burke advised of further claims. Mr Burke was advised that the Tribunal could only hear the claims in the application and that if there were further claims, the landlord would need to file a new application with the Tribunal.
The tenancy commenced on 06 June 2024. At the hearing, Mr Burke said that the tenant did not move into the premises and instead had allowed a third party to occupy the premises. Mr Burke said that he visited the premises to find a third party living there. Mr Burke said he felt unsafe and went to the Police to report his concerns. Mr Burke provided a Police Acknowledgement Form dated 09 July 2024 reporting a civil dispute at the premises.
Mr Burke initially said that the tenancy was abandoned, then that the tenant had agreed to end the tenancy. However, following questioning, Mr Burke conceded that in a telephone call on or about 11 July 2024, he told the tenant to vacate the premises. This is consistent with the messages provided by Mr Burke at the hearing. In a message from Mr Burke to the tenant on or about 11 July 2024, he states: there only about 3 suit cases of personal effects and a single matters to move Best be cleared by the morning We will not be extending to suit any individual
This was followed up with a further message from Mr Burke attaching a copy of the Police Acknowledgement Form and saying “Police file now active Best not mess around”. There is no mention in the documentary evidence of abandonment, or that the parties agreed the tenancy would terminate.
Mr Burke said that the tenant’s last day at the premises was 12 July 2024.
I accept that the tenancy ended on 12 July 2024. Mr Burke provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.
As the landlord has wholly succeeded with the claim, I 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 4920874 — net $1,241.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$5,021.43	Rent arrears to 12 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,241.87
Total payable by Tenant to Landlord	$1,241.87

Claims and awards for application 4920874 — net $1,241.87 NZD. Verify on MoJ.

Rent arrears to 12 July 2024

Amount: $5,021.43
Awarded to: Landlord
Reason: Rent arrears to 12 July 2024

Filing fee reimbursement

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

Net award

Landlord $1,241.87

Total payable by Tenant to Landlord

Landlord $1,241.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Josh Shea Jones must pay Abernethy & Burke Management Limited T/As Propertyscouts Urban As Agent For Emily Lo $1,241.87 immediately, being rent arrears to 12 July 2024 and reimbursement of the filing fee less the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,800.00 (6078834-002) to Abernethy & Burke Management Limited T/As Propertyscouts Urban As Agent For Emily Lo immediately.

Reasons

Mr Burke attended the hearing for the landlord. The tenant did not attend the hearing. The tenant was given notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. At the hearing, Mr Burke advised of further claims. Mr Burke was advised that the Tribunal could only hear the claims in the application and that if there were further claims, the landlord would need to file a new application with the Tribunal.
The tenancy commenced on 06 June 2024. At the hearing, Mr Burke said that the tenant did not move into the premises and instead had allowed a third party to occupy the premises. Mr Burke said that he visited the premises to find a third party living there. Mr Burke said he felt unsafe and went to the Police to report his concerns. Mr Burke provided a Police Acknowledgement Form dated 09 July 2024 reporting a civil dispute at the premises.
Mr Burke initially said that the tenancy was abandoned, then that the tenant had agreed to end the tenancy. However, following questioning, Mr Burke conceded that in a telephone call on or about 11 July 2024, he told the tenant to vacate the premises. This is consistent with the messages provided by Mr Burke at the hearing. In a message from Mr Burke to the tenant on or about 11 July 2024, he states: there only about 3 suit cases of personal effects and a single matters to move Best be cleared by the morning We will not be extending to suit any individual
This was followed up with a further message from Mr Burke attaching a copy of the Police Acknowledgement Form and saying “Police file now active Best not mess around”. There is no mention in the documentary evidence of abandonment, or that the parties agreed the tenancy would terminate.
Mr Burke said that the tenant’s last day at the premises was 12 July 2024.
I accept that the tenancy ended on 12 July 2024. Mr Burke provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.
As the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4920874 — Rent arrears at 19B Fynes Avenue, Stonefields, Auckland 1072

At a glance

Tenancy Tribunal case 4920874 — Rent arrears at 19B Fynes Avenue, Stonefields, Auckland 1072

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