What was the outcome of Tenancy Tribunal case 4931809?

The tribunal order states: This Order amends an error in paragraph [13] of my 7 October 2024 Order.

How much money was awarded in case 4931809?

Ent In Advance, To Be Paid To The La…: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4931809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10931225-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4931809?

The tribunal order states: This Order amends an error in paragraph [13] of my 7 October 2024 Order.

How much money was awarded in case 4931809?

Ent In Advance, To Be Paid To The La…: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4931809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10931225-Tribunal_Order.pdf.

40A Waiake Street, Torbay, Auckland 0630 Tenancy Tribunal Case 4931809 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4931809. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the	$1,150.00		ent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the

This Order amends an error in paragraph [13] of my 7 October 2024 Order.

Each rent period runs from a Friday to the following Thursday and the tenant’s rent is due for the week in advance, which must be received by the landlord by 5pm each Friday.

Mr Daniel Aitken Hunter must pay rent his rent in full and on time each week from Friday 11 October 2024, being one week’s rent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the $1,150.00 rent due on 11 October 2024 is for the rent period that commences 11 October and ends on 17 October 2024.

If Mr Daniel Aitken Hunter fails to pay the rent in full within 2 working days of the each of the due dates, the full amount of the remaining rent arrears will fall due immediately, his tenancy will terminate, and possession will be granted to The Rent Shop Auckland City Limited As Agent For John Nimmo.

The conditional termination order will lapse if it is fully complied with for a period of 6 months from today’s date. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986 (“RTA”).

Reasons

Both parties attended the hearing on 7 October 2024.

The tenant’s application for a consideration hearing of his rehearing application was set down today for me to consider whether there are sufficient grounds to justify the granting of a rehearing of the landlord’s 4 July 2024 application to terminate the tenancy and grant possession back to the landlord. Background

On 9 August 2024, the landlord’s 4 July 2024 application for termination of the tenancy, possession and reimbursement of the filing fee was heard by the Tribunal.

The Tribunal terminated the tenancy at 11:59pm on 9 August 2024, pursuant to s56(1) of the RTA and reimbursed the filing fee to the landlord, pursuant to s102(4) of the RTA.

The tenant applied for a rehearing of the 9 August 2024 Order and a stay of enforcement proceedings.

On 19 August 2024, the Tribunal issued a further Order dismissing the tenant’s applications for a rehearing and a stay of enforcement proceedings.

The tenant applied to the District Court for a stay of enforcement proceedings and a reconsideration of the Tribunal’s dismissal of the tenant’s rehearing application.

Judge Clark granted the stay of proceedings and referred the reconsideration of the tenant’s rehearing application back to the Tribunal to be heard by a different adjudicator. Conditional termination order made by consent of the parties

During the rehearing consideration hearing today, the parties agreed to me recording a consent order that grants the landlord conditional termination if the tenant does not pay his rent in full and on time each Friday.

I cannot issue such an order for an undefined period. As such, I have issued the conditional termination order for a period of 6 months from the date of this Order.

The conditional termination order will lapse, if it is fully complied with, on Monday 7 April 2025. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Although the partes agreement by consent means I am not required to decide whether a rehearing should be granted to the tenant, I wish to record that on the reading of the evidence before me today, I would have granted a rehearing to the tenant based on the new evidence he submitted that I am satisfied, in all the circumstances, would not have been reasonably available to him, with reasonable diligence, for the original hearing and that may have had a significant impact on the hearing outcome recorded in the 9 August 2024 Tribunal Order. Reimbursement of filing fee

Because The Rent Shop Auckland City Limited As Agent For John Nimmo has not wholly or substantially succeeded with its original claim I dismiss its application for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4931809. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the	$1,150.00		ent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the

Order

This Order amends an error in paragraph [13] of my 7 October 2024 Order.
Each rent period runs from a Friday to the following Thursday and the tenant’s rent is due for the week in advance, which must be received by the landlord by 5pm each Friday.
Mr Daniel Aitken Hunter must pay rent his rent in full and on time each week from Friday 11 October 2024, being one week’s rent in advance, to be paid to the landlord by 5pm the Friday that commences each week’s rent period. For example, the $1,150.00 rent due on 11 October 2024 is for the rent period that commences 11 October and ends on 17 October 2024.
If Mr Daniel Aitken Hunter fails to pay the rent in full within 2 working days of the each of the due dates, the full amount of the remaining rent arrears will fall due immediately, his tenancy will terminate, and possession will be granted to The Rent Shop Auckland City Limited As Agent For John Nimmo.
The conditional termination order will lapse if it is fully complied with for a period of 6 months from today’s date. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986 (“RTA”).

Reasons

Both parties attended the hearing on 7 October 2024.
The tenant’s application for a consideration hearing of his rehearing application was set down today for me to consider whether there are sufficient grounds to justify the granting of a rehearing of the landlord’s 4 July 2024 application to terminate the tenancy and grant possession back to the landlord. Background
On 9 August 2024, the landlord’s 4 July 2024 application for termination of the tenancy, possession and reimbursement of the filing fee was heard by the Tribunal.
The Tribunal terminated the tenancy at 11:59pm on 9 August 2024, pursuant to s56(1) of the RTA and reimbursed the filing fee to the landlord, pursuant to s102(4) of the RTA.
The tenant applied for a rehearing of the 9 August 2024 Order and a stay of enforcement proceedings.
On 19 August 2024, the Tribunal issued a further Order dismissing the tenant’s applications for a rehearing and a stay of enforcement proceedings.
The tenant applied to the District Court for a stay of enforcement proceedings and a reconsideration of the Tribunal’s dismissal of the tenant’s rehearing application.
Judge Clark granted the stay of proceedings and referred the reconsideration of the tenant’s rehearing application back to the Tribunal to be heard by a different adjudicator. Conditional termination order made by consent of the parties
During the rehearing consideration hearing today, the parties agreed to me recording a consent order that grants the landlord conditional termination if the tenant does not pay his rent in full and on time each Friday.
I cannot issue such an order for an undefined period. As such, I have issued the conditional termination order for a period of 6 months from the date of this Order.
The conditional termination order will lapse, if it is fully complied with, on Monday 7 April 2025. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Although the partes agreement by consent means I am not required to decide whether a rehearing should be granted to the tenant, I wish to record that on the reading of the evidence before me today, I would have granted a rehearing to the tenant based on the new evidence he submitted that I am satisfied, in all the circumstances, would not have been reasonably available to him, with reasonable diligence, for the original hearing and that may have had a significant impact on the hearing outcome recorded in the 9 August 2024 Tribunal Order. Reimbursement of filing fee
Because The Rent Shop Auckland City Limited As Agent For John Nimmo has not wholly or substantially succeeded with its original claim I dismiss its application for reimbursement of the filing fee.

Tenancy Tribunal case 4931809 — Rent arrears at 40A Waiake Street, Torbay, Auckland 0630

At a glance

Tenancy Tribunal case 4931809 — Rent arrears at 40A Waiake Street, Torbay, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions