What was the outcome of Tenancy Tribunal case 5019353?

The tribunal order states: The tenancy of Roger Baller at Unit/Flat Flat 25, 34 View Road, Mount Eden,

How much money was awarded in case 5019353?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord

What type of tenancy dispute was case 5019353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5019353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950495-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5019353?

The tribunal order states: The tenancy of Roger Baller at Unit/Flat Flat 25, 34 View Road, Mount Eden,

How much money was awarded in case 5019353?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord

What type of tenancy dispute was case 5019353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5019353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950495-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland Tenancy Tribunal Case 5019353 — Rent arrears

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Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland Tenancy Tribunal Case 5019353 — 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 5019353 — net $2,234.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.10.24	$3,807.14	Rent arrears to 13.10.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,234.14
Total payable by Tenant to Landlord	$2,234.14

Claims and awards for application 5019353 — net $2,234.14 NZD. Verify on MoJ.

Rent arrears to 13.10.24

Amount: $3,807.14
Awarded to: Landlord
Reason: Rent arrears to 13.10.24

Filing fee reimbursement

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

Net award

Landlord $2,234.14

Total payable by Tenant to Landlord

Landlord $2,234.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Roger Baller at Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland 1024 is terminated, and possession is granted to Central West Property Management Limited, immediately.
The Bond Centre is to pay the bond of $1,600.00 (6471519-006) to Central West Property Management Limited immediately.
Roger Baller must pay Central West Property Management Limited $2,234.14 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
On 10 October 2024 the tenant phoned the Registry to ask that the hearing be adjourned on the basis that the tenant could not attend as he is in Mt Eden prison, with a sentencing hearing scheduled for 12 December 2024.
That request was declined noting: “The tenant has requested an adjournment of the hearing scheduled for 14 October 2024 as he is in prison. The application notes a claim for significant rent arrears and an adjournment appears to risk prejudice to the landlord. For that reason I don't consider it fair to adjourn the hearing without hearing from the landlord. The tenant is asked to try and arrange to be available to attend by teleconference and to provide a number on which he can be called for the hearing.”
No phone number was provided by the tenant, who was therefore unable to be contacted for the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed.
No rent has been paid since 14 August 2024, at which point the rent was in arrears of $490.00. The property manager’s evidence is that the premises are occupied by an acquaintance of the tenant who is also paying no rent. The landlord provided rent records which prove the amount now owing.
While it is regrettable that this Order is made without the tenant being heard, the basis for the landlord’s application is clearly made out (s.55(1)(a) Residential Tenancies Act 1986) and it would be unfair not to make an Order for termination with rent arrears accumulating.
Arrangements should be made for this Order to be brought to the tenant’s attention as soon as possible and the tenant is encouraged to contact the property manager as soon as he is able to make arrangements for the orderly recovery of his possession from the premises.
Because Central West Property Management Limited has 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 5019353 — net $2,234.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.10.24	$3,807.14	Rent arrears to 13.10.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,234.14
Total payable by Tenant to Landlord	$2,234.14

Claims and awards for application 5019353 — net $2,234.14 NZD. Verify on MoJ.

Rent arrears to 13.10.24

Amount: $3,807.14
Awarded to: Landlord
Reason: Rent arrears to 13.10.24

Filing fee reimbursement

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

Net award

Landlord $2,234.14

Total payable by Tenant to Landlord

Landlord $2,234.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Roger Baller at Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland 1024 is terminated, and possession is granted to Central West Property Management Limited, immediately.
The Bond Centre is to pay the bond of $1,600.00 (6471519-006) to Central West Property Management Limited immediately.
Roger Baller must pay Central West Property Management Limited $2,234.14 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
On 10 October 2024 the tenant phoned the Registry to ask that the hearing be adjourned on the basis that the tenant could not attend as he is in Mt Eden prison, with a sentencing hearing scheduled for 12 December 2024.
That request was declined noting: “The tenant has requested an adjournment of the hearing scheduled for 14 October 2024 as he is in prison. The application notes a claim for significant rent arrears and an adjournment appears to risk prejudice to the landlord. For that reason I don't consider it fair to adjourn the hearing without hearing from the landlord. The tenant is asked to try and arrange to be available to attend by teleconference and to provide a number on which he can be called for the hearing.”
No phone number was provided by the tenant, who was therefore unable to be contacted for the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed.
No rent has been paid since 14 August 2024, at which point the rent was in arrears of $490.00. The property manager’s evidence is that the premises are occupied by an acquaintance of the tenant who is also paying no rent. The landlord provided rent records which prove the amount now owing.
While it is regrettable that this Order is made without the tenant being heard, the basis for the landlord’s application is clearly made out (s.55(1)(a) Residential Tenancies Act 1986) and it would be unfair not to make an Order for termination with rent arrears accumulating.
Arrangements should be made for this Order to be brought to the tenant’s attention as soon as possible and the tenant is encouraged to contact the property manager as soon as he is able to make arrangements for the orderly recovery of his possession from the premises.
Because Central West Property Management Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5019353 — Rent arrears at Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland

At a glance

Tenancy Tribunal case 5019353 — Rent arrears at Unit/Flat Flat 25, 34 View Road, Mount Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions