What was the outcome of Tenancy Tribunal case 4948715?

The tribunal order states: The tenancy of Jacinta June Monkley at 2 Bellville Drive, Clendon Park,

How much money was awarded in case 4948715?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,960.00 awarded to landlord

What type of tenancy dispute was case 4948715?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764643-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4948715?

The tribunal order states: The tenancy of Jacinta June Monkley at 2 Bellville Drive, Clendon Park,

How much money was awarded in case 4948715?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,960.00 awarded to landlord

What type of tenancy dispute was case 4948715?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764643-Tenancy_Tribunal_Order.pdf.

2 Bellville Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4948715 — Rent arrears

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2 Bellville Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4948715 — 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 4948715 — net $4,987.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to	$4,960.00	iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,987.00
Total payable by Tenant to Landlord	$4,987.00

Claims and awards for application 4948715 — net $4,987.00 NZD. Verify on MoJ.

iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to

Amount: $4,960.00
Awarded to: Landlord
Reason: iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,987.00

Total payable by Tenant to Landlord

Landlord $4,987.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jacinta June Monkley at 2 Bellville Drive, Clendon Park, Auckland 2103 is terminated, and possession is granted to Zakia Begum Ali, at midnight, Sunday, 1 September 2024.
Jacinta June Monkley must pay Zakia Begum Ali $4,987.00 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, together with a support person, Mr Ali.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The tenancy began on 4 December 2023 at a rental of $720.00 per week.
The landlord sought a bond of $2,160 but that bond has not been paid by the tenant. There is therefore no bond to cover any of the rent arrears claimed by the landlord.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by not paying rent. The landlord has served two 14-day notices, the first on 3 July 2024 and the second on 22 July 2024. Although the tenant paid rent after the first notice the tenant has not paid any rent following receipt of the second notice and the arrears continue to accrue.
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The landlord provided a rent summary showing that the rent was in arrears as at 18 August 2024 in the amount of $3,520 (excluding the bond of $2,160 which has not been paid and had been included as owing in the rent summary). The landlord confirmed at the hearing today that she has not received any rent from the tenant since the last rent summary and so the total amount owing as at today is $4,960.00. The tenancy is terminated and rent arrears are ordered as claimed by the landlord.
The landlord also has a claim for water arrears but has withdrawn that claim today as she intends to file a new claim for the total water arrears owing for this tenancy (including up to the last day of the tenancy) together with any other claims the landlord might have.
Because Zakia Begum Ali has substantially succeeded with the claim I must reimburse the filing fee.
As the tenant did not attend the hearing today I checked with the landlord as to whether she has been in contact with the tenant. I wanted to ensure that the tenant receives this order at the first opportunity. The landlord advised that the tenant may have changed their email as they have changed it several times.
Although a copy of this order will be sent by email to the tenant by email (and an SMS message sent to the tenant’s mobile) I will also have a copy served by post. The landlord confirmed that they will print a copy and take it to the tenant at the first opportunity and if the tenant is not home they will place a copy in the tenant’s letterbox.

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 4948715 — net $4,987.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to	$4,960.00	iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,987.00
Total payable by Tenant to Landlord	$4,987.00

Claims and awards for application 4948715 — net $4,987.00 NZD. Verify on MoJ.

iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to

Amount: $4,960.00
Awarded to: Landlord
Reason: iptionLandlordTenant Rent arrears to 25 August 2024 together with rent due and owing on 26 August 2024 for the period to

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,987.00

Total payable by Tenant to Landlord

Landlord $4,987.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jacinta June Monkley at 2 Bellville Drive, Clendon Park, Auckland 2103 is terminated, and possession is granted to Zakia Begum Ali, at midnight, Sunday, 1 September 2024.
Jacinta June Monkley must pay Zakia Begum Ali $4,987.00 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, together with a support person, Mr Ali.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The tenancy began on 4 December 2023 at a rental of $720.00 per week.
The landlord sought a bond of $2,160 but that bond has not been paid by the tenant. There is therefore no bond to cover any of the rent arrears claimed by the landlord.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by not paying rent. The landlord has served two 14-day notices, the first on 3 July 2024 and the second on 22 July 2024. Although the tenant paid rent after the first notice the tenant has not paid any rent following receipt of the second notice and the arrears continue to accrue.
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The landlord provided a rent summary showing that the rent was in arrears as at 18 August 2024 in the amount of $3,520 (excluding the bond of $2,160 which has not been paid and had been included as owing in the rent summary). The landlord confirmed at the hearing today that she has not received any rent from the tenant since the last rent summary and so the total amount owing as at today is $4,960.00. The tenancy is terminated and rent arrears are ordered as claimed by the landlord.
The landlord also has a claim for water arrears but has withdrawn that claim today as she intends to file a new claim for the total water arrears owing for this tenancy (including up to the last day of the tenancy) together with any other claims the landlord might have.
Because Zakia Begum Ali has substantially succeeded with the claim I must reimburse the filing fee.
As the tenant did not attend the hearing today I checked with the landlord as to whether she has been in contact with the tenant. I wanted to ensure that the tenant receives this order at the first opportunity. The landlord advised that the tenant may have changed their email as they have changed it several times.
Although a copy of this order will be sent by email to the tenant by email (and an SMS message sent to the tenant’s mobile) I will also have a copy served by post. The landlord confirmed that they will print a copy and take it to the tenant at the first opportunity and if the tenant is not home they will place a copy in the tenant’s letterbox.

Tenancy Tribunal case 4948715 — Rent arrears at 2 Bellville Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4948715 — Rent arrears at 2 Bellville Drive, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions