What was the outcome of Tenancy Tribunal case 5026829?

The tribunal order states: Possession of 28 Heke Street Kaikohe is granted to Mid North Real Estate

How much money was awarded in case 5026829?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5026829?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5026829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099384-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5026829?

The tribunal order states: Possession of 28 Heke Street Kaikohe is granted to Mid North Real Estate

How much money was awarded in case 5026829?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5026829?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5026829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099384-Tenancy_Tribunal_Order.pdf.

28 Heke Street, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 5026829 — Rent arrears

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28 Heke Street, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 5026829 — 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 5026829 — net $417.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 November 2024	$390.00	Rent arrears as at 19 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$417.00
Bond	$417.00
Total payable by Tenant to Landlord	$417.00

Claims and awards for application 5026829 — net $417.00 NZD. Verify on MoJ.

Rent arrears as at 19 November 2024

Amount: $390.00
Awarded to: Landlord
Reason: Rent arrears as at 19 November 2024

Filing fee reimbursement

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

Net award

Landlord $417.00

Bond

Landlord $417.00

Total payable by Tenant to Landlord

Landlord $417.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Possession of 28 Heke Street Kaikohe is granted to Mid North Real Estate Limited (As Agent For C And R Smeath), at 11.59pm on Tuesday 19 November 2024.
The Bond Centre is to pay $417.00 from the bond (5257146-010) to Mid North Real Estate Limited (As Agent For C And R Smeath) immediately, calculated as shown in the table below.
The remainder of the bond is to stay at the Bond centre until further order by the Tribunal or agreement between the parties.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord is applying to the Tribunal for possession of the premises, payment of rent arrears and reimbursement of the filing fee.
I am granting possession of the premises to the landlord in accordance with the provisions of s64 and s59B of the Residential Tenancies Act 1986.
Section 59B(2) provides that where the premises are contaminated as a result of a breach of the tenancy agreement, the whole of the premises is treated as uninhabitable and the party who is not in breach may give notice to the other terminating the tenancy. The notice period (s59B(6) must be not less than 7 days.
I accept that the evidence indicating that methamphetamine testing done at the property has resulted in one of the readings being 24.3mu/100cm 2 on the hallway door. This is above the level of 15mu/100cm 2 which is the level that this Tribunal has held, with the endorsement of the District Court, to be the bottom limit of what is deemed to be contamination, rendering premises uninhabitable.
I also accept that on 30 October 2024 the landlord legitimately gave the tenant 7 days’ notice of termination of tenancy because the premises were deemed uninhabitable and the tenant has failed to leave the premises.
Possession is therefore granted to the landlord.
I also accept the rent record which shows that as at today’s date the tenant owes $390.00 in rent arrears.
The tenant is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
I note that at today’s hearing the landlord elected to have the issues regarding exemplary damages for using the premises for an unlawful purpose, the issue regarding the tenant removing the smoke alarm three times, both of which were discussed at today’s hearing, to be heard and determined when the landlord makes another claim against the tenant, once the landlord receives possession. C ter Haar 19 November 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 5026829 — net $417.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 November 2024	$390.00	Rent arrears as at 19 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$417.00
Bond	$417.00
Total payable by Tenant to Landlord	$417.00

Claims and awards for application 5026829 — net $417.00 NZD. Verify on MoJ.

Rent arrears as at 19 November 2024

Amount: $390.00
Awarded to: Landlord
Reason: Rent arrears as at 19 November 2024

Filing fee reimbursement

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

Net award

Landlord $417.00

Bond

Landlord $417.00

Total payable by Tenant to Landlord

Landlord $417.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Possession of 28 Heke Street Kaikohe is granted to Mid North Real Estate Limited (As Agent For C And R Smeath), at 11.59pm on Tuesday 19 November 2024.
The Bond Centre is to pay $417.00 from the bond (5257146-010) to Mid North Real Estate Limited (As Agent For C And R Smeath) immediately, calculated as shown in the table below.
The remainder of the bond is to stay at the Bond centre until further order by the Tribunal or agreement between the parties.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord is applying to the Tribunal for possession of the premises, payment of rent arrears and reimbursement of the filing fee.
I am granting possession of the premises to the landlord in accordance with the provisions of s64 and s59B of the Residential Tenancies Act 1986.
Section 59B(2) provides that where the premises are contaminated as a result of a breach of the tenancy agreement, the whole of the premises is treated as uninhabitable and the party who is not in breach may give notice to the other terminating the tenancy. The notice period (s59B(6) must be not less than 7 days.
I accept that the evidence indicating that methamphetamine testing done at the property has resulted in one of the readings being 24.3mu/100cm 2 on the hallway door. This is above the level of 15mu/100cm 2 which is the level that this Tribunal has held, with the endorsement of the District Court, to be the bottom limit of what is deemed to be contamination, rendering premises uninhabitable.
I also accept that on 30 October 2024 the landlord legitimately gave the tenant 7 days’ notice of termination of tenancy because the premises were deemed uninhabitable and the tenant has failed to leave the premises.
Possession is therefore granted to the landlord.
I also accept the rent record which shows that as at today’s date the tenant owes $390.00 in rent arrears.
The tenant is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
I note that at today’s hearing the landlord elected to have the issues regarding exemplary damages for using the premises for an unlawful purpose, the issue regarding the tenant removing the smoke alarm three times, both of which were discussed at today’s hearing, to be heard and determined when the landlord makes another claim against the tenant, once the landlord receives possession. C ter Haar 19 November 2024

Tenancy Tribunal case 5026829 — Rent arrears at 28 Heke Street, Kaikohe, Kaikohe 0405

At a glance

Tenancy Tribunal case 5026829 — Rent arrears at 28 Heke Street, Kaikohe, Kaikohe 0405

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions