How much money was awarded in case 5033299?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,720.00 awarded to landlord

What type of tenancy dispute was case 5033299?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5033299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11044344-Tenancy_Tribunal_Order - OP.pdf.

How much money was awarded in case 5033299?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,720.00 awarded to landlord

What type of tenancy dispute was case 5033299?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5033299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11044344-Tenancy_Tribunal_Order - OP.pdf.

Unit/Flat 7, 8 Mission Street, Tauranga, Tauranga 3110 Tenancy Tribunal Case 5033299 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5033299?

The tribunal order states: The tenancy of Katie Yates at Unit/Flat 7, 8 Mission Street, Tauranga, Tauranga

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Order

Claims and awards in Tenancy Tribunal application 5033299 — net $4,747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06/11/2024	$4,720.00	Rent arrears to 06/11/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,747.00
Total payable by Tenant to Landlord	$4,747.00

The tenancy of Katie Yates at Unit/Flat 7, 8 Mission Street, Tauranga, Tauranga 3110 is terminated, and possession is granted to Nicky Jane Smith and Mitch Smith, at 11.59 pm on Wednesday 6 November 2024.

Katie Yates must pay Nicky Jane Smith and Mitch Smith $4,747.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference.

Prior to the hearing, the tenant requested an adjournment citing hospital/medical appointments as the reason. After careful consideration of the adjournment request, I decided to decline it given the nature of the application involving significant rent arrears and the landlord’s objection. As such I proceeded with the hearing in the absence of the tenant.

The landlord has applied for termination of the tenancy and rent arrears.

The Tribunal must make an order terminating the tenancy if satisfied the rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

I am satisfied that the tenant was in arrears of at least 21 days at the time the application was filed, with the total rent arrears now amounting to $4,720. The landlord has made multiple attempts to reach a solution with the tenant, but these efforts have not resulted in any adherence to promises made by the tenant. Given the ongoing nature of the arrears and the lack of progress in resolving the situation, it is clear that the landlord is entitled to immediate termination of the tenancy under section 55 RTA. Accordingly, the tenancy is terminated.

Furthermore, the landlord is also entitled to recover all outstanding rent arrears. The landlord provided rent records which prove the amount owing.

The significant amount of unpaid rent, coupled with the tenant's failure to maintain their commitments to resolve the situation, justifies this decision.

I have since received an email from the tenant indicating a willingness to provide four weeks' notice and to pay the outstanding rent by 6.30pm tonight. This late action does not sufficiently alter the circumstances or justify a change in the decision to terminate the tenancy.

I appreciate that the tenant’s personal circumstances are such that moving out may be difficult. While I acknowledge the tenant’s position, their personal circumstances in and of themselves are not factors the Tribunal can take account of.

In conclusion, the landlord's application for termination of the tenancy is granted, and an award for all outstanding rent arrears is also made in favour of the landlord. The actions and ongoing arrears on the part of the tenant have led to this necessary decision, which upholds the rights of the landlord under section 55 RTA.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5033299 — net $4,747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06/11/2024	$4,720.00	Rent arrears to 06/11/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,747.00
Total payable by Tenant to Landlord	$4,747.00

Katie Yates must pay Nicky Jane Smith and Mitch Smith $4,747.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy and rent arrears.

Furthermore, the landlord is also entitled to recover all outstanding rent arrears. The landlord provided rent records which prove the amount owing.

The significant amount of unpaid rent, coupled with the tenant's failure to maintain their commitments to resolve the situation, justifies this decision.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 5033299 — Rent arrears at Unit/Flat 7, 8 Mission Street, Tauranga, Tauranga 3110

At a glance

Tenancy Tribunal case 5033299 — Rent arrears at Unit/Flat 7, 8 Mission Street, Tauranga, Tauranga 3110

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