What was the outcome of Tenancy Tribunal case 4926234?

The tribunal order states: The tenancy of Jacqualine Kingi at 60B Bandon Street, Frankton, Hamilton

How much money was awarded in case 4926234?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $379.57 awarded to landlord

What type of tenancy dispute was case 4926234?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4926234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650796-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926234?

The tribunal order states: The tenancy of Jacqualine Kingi at 60B Bandon Street, Frankton, Hamilton

How much money was awarded in case 4926234?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $379.57 awarded to landlord

What type of tenancy dispute was case 4926234?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4926234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650796-Tenancy_Tribunal_Order.pdf.

60B Bandon Street, Frankton, Hamilton 3204 Tenancy Tribunal Case 4926234 — Rent arrears

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60B Bandon Street, Frankton, Hamilton 3204 Tenancy Tribunal Case 4926234 — 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 4926234 — net $400.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 31 July 2024	$379.57	Rent arrears as at 31 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$400.01
Total payable by Tenant to Landlord	$400.01

Claims and awards for application 4926234 — net $400.01 NZD. Verify on MoJ.

Rent arrears as at 31 July 2024

Amount: $379.57
Awarded to: Landlord
Reason: Rent arrears as at 31 July 2024

Filing fee reimbursement

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

Net award

Landlord $400.01

Total payable by Tenant to Landlord

Landlord $400.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jacqualine Kingi at 60B Bandon Street, Frankton, Hamilton 3204 is terminated, and possession is granted to Waikato Real Estate Limited As Agent For Amber Properties Ltd, at 11.59pm on Wednesday 31 July 2024.
The Bond Centre is to pay $400.01 from the bond of $1,760.00 (3002057-016) to Waikato Real Estate Limited As Agent For Amber Properties Ltd immediately, as shown in the table below.
The balance of the bond of $1,359.99 is to remain at the Bond Centre.

Reasons

This application was scheduled to be heard by video conference. The tenant did not appear by Teams link and on the two occasions I called one of the numbers provided for her, both calls went to voicemail. I called another number provided which was answered by a person who advised that this was not the tenant’s phone and that she had no other number for her.
The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment from the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated.
I note that on the first two occasions when notice was sent to the tenant, the tenant made payments on or near that day so that her rent was no longer in arrears. On the third occasion no further payment was made until 10 days later.
Rent records have been provided which prove the amount owing as at today’s date - $379.57.
Further to this, because Waikato Real Estate Limited As Agent For Amber Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee. C ter Haar 31 July 2024

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 4926234 — net $400.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 31 July 2024	$379.57	Rent arrears as at 31 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$400.01
Total payable by Tenant to Landlord	$400.01

Claims and awards for application 4926234 — net $400.01 NZD. Verify on MoJ.

Rent arrears as at 31 July 2024

Amount: $379.57
Awarded to: Landlord
Reason: Rent arrears as at 31 July 2024

Filing fee reimbursement

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

Net award

Landlord $400.01

Total payable by Tenant to Landlord

Landlord $400.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jacqualine Kingi at 60B Bandon Street, Frankton, Hamilton 3204 is terminated, and possession is granted to Waikato Real Estate Limited As Agent For Amber Properties Ltd, at 11.59pm on Wednesday 31 July 2024.
The Bond Centre is to pay $400.01 from the bond of $1,760.00 (3002057-016) to Waikato Real Estate Limited As Agent For Amber Properties Ltd immediately, as shown in the table below.
The balance of the bond of $1,359.99 is to remain at the Bond Centre.

Reasons

This application was scheduled to be heard by video conference. The tenant did not appear by Teams link and on the two occasions I called one of the numbers provided for her, both calls went to voicemail. I called another number provided which was answered by a person who advised that this was not the tenant’s phone and that she had no other number for her.
The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment from the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated.
I note that on the first two occasions when notice was sent to the tenant, the tenant made payments on or near that day so that her rent was no longer in arrears. On the third occasion no further payment was made until 10 days later.
Rent records have been provided which prove the amount owing as at today’s date - $379.57.
Further to this, because Waikato Real Estate Limited As Agent For Amber Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee. C ter Haar 31 July 2024

Tenancy Tribunal case 4926234 — Rent arrears at 60B Bandon Street, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 4926234 — Rent arrears at 60B Bandon Street, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions