What was the outcome of Tenancy Tribunal case 5029148?

The tribunal order states: The tenancy of Brian Stuart Ferguson at 62 Church Road, Ardmore, Papakura

How much money was awarded in case 5029148?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,390.00 awarded to landlord

What type of tenancy dispute was case 5029148?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11136020-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5029148?

The tribunal order states: The tenancy of Brian Stuart Ferguson at 62 Church Road, Ardmore, Papakura

How much money was awarded in case 5029148?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,390.00 awarded to landlord

What type of tenancy dispute was case 5029148?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11136020-Tenancy_Tribunal_Order.pdf.

62 Church Road, Ardmore, Papakura 2582 Tenancy Tribunal Case 5029148 — Rent arrears

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62 Church Road, Ardmore, Papakura 2582 Tenancy Tribunal Case 5029148 — 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 5029148 — net $7,457.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$9,390.00	Rent arrears to 5 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,457.00
Total payable by Tenant to Landlord	$7,457.00

Claims and awards for application 5029148 — net $7,457.00 NZD. Verify on MoJ.

Rent arrears to 5 December 2024

Amount: $9,390.00
Awarded to: Landlord
Reason: Rent arrears to 5 December 2024

Filing fee reimbursement

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

Net award

Landlord $7,457.00

Total payable by Tenant to Landlord

Landlord $7,457.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Brian Stuart Ferguson at 62 Church Road, Ardmore, Papakura 2582 is terminated, and possession is granted to Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust, at 11:59pm, Thursday 5 December 2024.
Brian Stuart Ferguson must pay Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust $7,457.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,960.00 (5102335-004) to Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. Termination
The application was filed on 8 October 2024. The landlord provided a rent summary which records rent arrears as being $4,335.72 (49 days) on this date.
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 tenant requested some time to vacate the property. The landlord agreed to set the termination date as 11:59pm, Thursday 5 December 2024.
I decline to issue an order for conditional termination. I am not satisfied on the balance of probabilities that the tenant will pay the arrears by a particular date or refrain from committing a further breach in the future. The rent summary provided by the landlord shows the tenant has been in a constant state of arrears for most of the tenancy. The tenant has not paid rent since 25 August 2024, which is just over 13 weeks. The tenant submits that they are self- employed and have experienced difficulties getting paid from clients and business partners. The tenant provided a letter to the Tribunal from one of their apparent clients or business partners confirming the same, which states that payment will be made on 2 December 2024. This letter was filed with the Tribunal very late just before the hearing began. I have doubts about the authenticity of this letter. It is vague in detail and provides no contact details for the company from which it is apparently sent. Rent arrears
The landlord provided rent records which prove the amount owing up to 5 December 2024, namely $9,390.00. I have awarded rent arrears up to this date, as this is the end date of the tenancy. Filing fee
Because Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust has wholly 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 5029148 — net $7,457.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$9,390.00	Rent arrears to 5 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,457.00
Total payable by Tenant to Landlord	$7,457.00

Claims and awards for application 5029148 — net $7,457.00 NZD. Verify on MoJ.

Rent arrears to 5 December 2024

Amount: $9,390.00
Awarded to: Landlord
Reason: Rent arrears to 5 December 2024

Filing fee reimbursement

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

Net award

Landlord $7,457.00

Total payable by Tenant to Landlord

Landlord $7,457.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Brian Stuart Ferguson at 62 Church Road, Ardmore, Papakura 2582 is terminated, and possession is granted to Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust, at 11:59pm, Thursday 5 December 2024.
Brian Stuart Ferguson must pay Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust $7,457.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,960.00 (5102335-004) to Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. Termination
The application was filed on 8 October 2024. The landlord provided a rent summary which records rent arrears as being $4,335.72 (49 days) on this date.
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 tenant requested some time to vacate the property. The landlord agreed to set the termination date as 11:59pm, Thursday 5 December 2024.
I decline to issue an order for conditional termination. I am not satisfied on the balance of probabilities that the tenant will pay the arrears by a particular date or refrain from committing a further breach in the future. The rent summary provided by the landlord shows the tenant has been in a constant state of arrears for most of the tenancy. The tenant has not paid rent since 25 August 2024, which is just over 13 weeks. The tenant submits that they are self- employed and have experienced difficulties getting paid from clients and business partners. The tenant provided a letter to the Tribunal from one of their apparent clients or business partners confirming the same, which states that payment will be made on 2 December 2024. This letter was filed with the Tribunal very late just before the hearing began. I have doubts about the authenticity of this letter. It is vague in detail and provides no contact details for the company from which it is apparently sent. Rent arrears
The landlord provided rent records which prove the amount owing up to 5 December 2024, namely $9,390.00. I have awarded rent arrears up to this date, as this is the end date of the tenancy. Filing fee
Because Reforma P.M. Limited As Agent For Elizabeth Mary Williams Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5029148 — Rent arrears at 62 Church Road, Ardmore, Papakura 2582

At a glance

Tenancy Tribunal case 5029148 — Rent arrears at 62 Church Road, Ardmore, Papakura 2582

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