What was the outcome of Tenancy Tribunal case 4992748?

The tribunal order states: The tenancy of David Laing at 8 Shewan Road, Gordonton, RD 1, Hamilton

How much money was awarded in case 4992748?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,550.00 awarded to landlord

What type of tenancy dispute was case 4992748?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084948-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4992748?

The tribunal order states: The tenancy of David Laing at 8 Shewan Road, Gordonton, RD 1, Hamilton

How much money was awarded in case 4992748?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,550.00 awarded to landlord

What type of tenancy dispute was case 4992748?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084948-Tenancy_Tribunal_Order.pdf.

8 Shewan Road, Gordonton, RD 1, Hamilton 3281 Tenancy Tribunal Case 4992748 — Rent arrears

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8 Shewan Road, Gordonton, RD 1, Hamilton 3281 Tenancy Tribunal Case 4992748 — 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 4992748 — net $10,577.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15.11.24	$10,550.00	Rent arrears as at 15.11.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,577.00
Total payable by Tenant to Landlord	$10,577.00

Claims and awards for application 4992748 — net $10,577.00 NZD. Verify on MoJ.

Rent arrears as at 15.11.24

Amount: $10,550.00
Awarded to: Landlord
Reason: Rent arrears as at 15.11.24

Filing fee reimbursement

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

Net award

Landlord $10,577.00

Total payable by Tenant to Landlord

Landlord $10,577.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of David Laing at 8 Shewan Road, Gordonton, RD 1, Hamilton 3281 is terminated, and possession is granted to Santokh Singh, at 11:59pm Friday 22 November 2024.
David Laing must pay Santokh Singh $10,577.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by remote teleconference. During the hearing the tenant’s call was disconnected. An attempt was made to call him back on the same telephone number however the call went straight to voicemail.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. During the hearing the tenant acknowledged the rent debt and accepted responsibility for it. He stated that he was making attempts to have the rent debt paid by withdrawing his Kiwisaver funds and borrowing money from family.
The landlord stated that the tenant has given a number of assurances over the last few months that the debt would be paid. To date this has still not happened. In the circumstances the landlord is concerned that the rent debt will continue to grow if action is not taken.
I have considered whether a conditional termination order is appropriate in this case, and I am satisfied that it is not. Based on the payment history and the significant rent arrears I cannot be confident that the rent arrears will be paid immediately. The landlord has requested termination in their application and in my view it is an appropriate order to make.
Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
Because Santokh Singh has wholly succeeded with the claim I must reimburse the filing fee.
The landlord confirmed during the hearing that they are not seeking name suppression.

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 4992748 — net $10,577.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15.11.24	$10,550.00	Rent arrears as at 15.11.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,577.00
Total payable by Tenant to Landlord	$10,577.00

Claims and awards for application 4992748 — net $10,577.00 NZD. Verify on MoJ.

Rent arrears as at 15.11.24

Amount: $10,550.00
Awarded to: Landlord
Reason: Rent arrears as at 15.11.24

Filing fee reimbursement

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

Net award

Landlord $10,577.00

Total payable by Tenant to Landlord

Landlord $10,577.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of David Laing at 8 Shewan Road, Gordonton, RD 1, Hamilton 3281 is terminated, and possession is granted to Santokh Singh, at 11:59pm Friday 22 November 2024.
David Laing must pay Santokh Singh $10,577.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by remote teleconference. During the hearing the tenant’s call was disconnected. An attempt was made to call him back on the same telephone number however the call went straight to voicemail.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. During the hearing the tenant acknowledged the rent debt and accepted responsibility for it. He stated that he was making attempts to have the rent debt paid by withdrawing his Kiwisaver funds and borrowing money from family.
The landlord stated that the tenant has given a number of assurances over the last few months that the debt would be paid. To date this has still not happened. In the circumstances the landlord is concerned that the rent debt will continue to grow if action is not taken.
I have considered whether a conditional termination order is appropriate in this case, and I am satisfied that it is not. Based on the payment history and the significant rent arrears I cannot be confident that the rent arrears will be paid immediately. The landlord has requested termination in their application and in my view it is an appropriate order to make.
Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
Because Santokh Singh has wholly succeeded with the claim I must reimburse the filing fee.
The landlord confirmed during the hearing that they are not seeking name suppression.

Tenancy Tribunal case 4992748 — Rent arrears at 8 Shewan Road, Gordonton, RD 1, Hamilton 3281

At a glance

Tenancy Tribunal case 4992748 — Rent arrears at 8 Shewan Road, Gordonton, RD 1, Hamilton 3281

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions