What was the outcome of Tenancy Tribunal case 5041968?

The tribunal order states: The tenancy of Tania Marie Moratti at 16 Alberta Road, Glen Avon, New

How much money was awarded in case 5041968?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,411.43 awarded to landlord

What type of tenancy dispute was case 5041968?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5041968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135303-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5041968?

The tribunal order states: The tenancy of Tania Marie Moratti at 16 Alberta Road, Glen Avon, New

How much money was awarded in case 5041968?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,411.43 awarded to landlord

What type of tenancy dispute was case 5041968?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5041968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135303-Tenancy_Tribunal_Order.pdf.

16 Alberta Road, Glen Avon, New Plymouth 4312 Tenancy Tribunal Case 5041968 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5041968 — net $3,718.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,411.43	Rent arrears
Filing fee	$27.00	Filing fee
Net award	$3,718.43
Total payable by Tenant to Landlord	$3,718.43

The tenancy of Tania Marie Moratti at 16 Alberta Road, Glen Avon, New Plymouth 4312 is terminated, and possession is granted to Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh, at 11.59pm on Sunday 8 th December 2024.

Tania Marie Moratti must pay Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh $3,718.43 immediately, being rent arrears to 8 December 2024, as calculated and set out below: DescriptionLandlord Rent arrears$6,411.43 Filing fee$27.00 Total award$6,438.43 Minus Bond-$2,720.00 Total payable by Tenant to Landlord$3,718.43

The Bond Centre is to pay the bond of $2,720.00 (3533412-009) to Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh immediately.

Reasons

The landlord attended the hearing, but the tenant did not attend.

I rang the mobile phone number of the tenants on two occasions at the start of the hearing, but the calls went unanswered.

The tenant was served with the notice of hearing and the landlord and her had a discussion last Friday about today’s hearing.

I am satisfied that the tenant knew of todays hearing, and so I will proceed in her absence.

The landlord is seeking termination of a fixed term tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. Termination:

The circumstances in which a tenancy can be terminated is set out in s50 of the Residential Tenancies Act 1986, (RTA).

The circumstances where a fixed term tenancy can be terminated are limited and set out in s50 (1) (a-f) RTA.

This application by the landlord for an early termination of the tenancy can be determined by s50(1) (f), which allows termination by an Order of the Tribunal.

The landlord advised that they have had a number of discussions and attempts to assist the tenant to resolve her rent arrears issues, to no avail. The tenant’s domestic situation has changed since the commencement of the tenancy which has meant a substantial reduction in her income. The landlord was provided with proof regarding this situation. There is no clear prospect of the rent arrears being resolved and a permanent situation being put in place to ensure there are no further ongoing rent arrears.

The tenant is in serious rent arrears which have had a compound financial effect on the owner of the property. The owner is not in a position to continue the tenancy without the rent being paid. The owner has financial obligations that are affected by the lack of rent from the tenant.

Given the owners financial situation and expectation that the rent is paid, and the tenant not being able to repay the arrears and reassure the landlord that the rent will not fall behind again, I must terminate the fixed term tenancy early.

The fixed term tenancy is terminated at 11.59pm on 8 December 2024. Rent arrears:

The landlord has applied for rent arrears and has provided rent records which prove the amount of $6411.43 owing at the end of the tenancy on 8 December 2024.

I am satisfied that the landlord has proven their claim for rent arrears. Refunding bond and filing fee:

The Bond Centre is to refund the tenants bond to the landlord immediately to offset the debt owed by the tenant to the landlord.

Because Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5041968 — net $3,718.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,411.43	Rent arrears
Filing fee	$27.00	Filing fee
Net award	$3,718.43
Total payable by Tenant to Landlord	$3,718.43

Order

The tenancy of Tania Marie Moratti at 16 Alberta Road, Glen Avon, New Plymouth 4312 is terminated, and possession is granted to Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh, at 11.59pm on Sunday 8 th December 2024.
Tania Marie Moratti must pay Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh $3,718.43 immediately, being rent arrears to 8 December 2024, as calculated and set out below: DescriptionLandlord Rent arrears$6,411.43 Filing fee$27.00 Total award$6,438.43 Minus Bond-$2,720.00 Total payable by Tenant to Landlord$3,718.43
The Bond Centre is to pay the bond of $2,720.00 (3533412-009) to Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh immediately.

Reasons

The landlord attended the hearing, but the tenant did not attend.
I rang the mobile phone number of the tenants on two occasions at the start of the hearing, but the calls went unanswered.
The tenant was served with the notice of hearing and the landlord and her had a discussion last Friday about today’s hearing.
I am satisfied that the tenant knew of todays hearing, and so I will proceed in her absence.
The landlord is seeking termination of a fixed term tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. Termination:
The circumstances in which a tenancy can be terminated is set out in s50 of the Residential Tenancies Act 1986, (RTA).
The circumstances where a fixed term tenancy can be terminated are limited and set out in s50 (1) (a-f) RTA.
This application by the landlord for an early termination of the tenancy can be determined by s50(1) (f), which allows termination by an Order of the Tribunal.
The landlord advised that they have had a number of discussions and attempts to assist the tenant to resolve her rent arrears issues, to no avail. The tenant’s domestic situation has changed since the commencement of the tenancy which has meant a substantial reduction in her income. The landlord was provided with proof regarding this situation. There is no clear prospect of the rent arrears being resolved and a permanent situation being put in place to ensure there are no further ongoing rent arrears.
The tenant is in serious rent arrears which have had a compound financial effect on the owner of the property. The owner is not in a position to continue the tenancy without the rent being paid. The owner has financial obligations that are affected by the lack of rent from the tenant.
Given the owners financial situation and expectation that the rent is paid, and the tenant not being able to repay the arrears and reassure the landlord that the rent will not fall behind again, I must terminate the fixed term tenancy early.
The fixed term tenancy is terminated at 11.59pm on 8 December 2024. Rent arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount of $6411.43 owing at the end of the tenancy on 8 December 2024.
I am satisfied that the landlord has proven their claim for rent arrears. Refunding bond and filing fee:
The Bond Centre is to refund the tenants bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
Because Success Realty Taranaki Limited T/As Bayleys As Agent For Navdeep Singh has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5041968 — Rent arrears at 16 Alberta Road, Glen Avon, New Plymouth 4312

At a glance

Tenancy Tribunal case 5041968 — Rent arrears at 16 Alberta Road, Glen Avon, New Plymouth 4312

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