What was the outcome of Tenancy Tribunal case 5069749?

The tribunal order states: The tenancy of Kolotita Pelenato at Unit/Flat Flat 2, 676 Worcester Street,

How much money was awarded in case 5069749?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,940.00 awarded to landlord

What type of tenancy dispute was case 5069749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5069749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239638-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5069749?

The tribunal order states: The tenancy of Kolotita Pelenato at Unit/Flat Flat 2, 676 Worcester Street,

How much money was awarded in case 5069749?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,940.00 awarded to landlord

What type of tenancy dispute was case 5069749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5069749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239638-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 676 Worcester Street, Linwood, Tenancy Tribunal Case 5069749 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5069749 — net $887.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2024	$1,940.00	Rent arrears to 18 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$887.00
Total payable by Tenant to Landlord	$887.00

The tenancy of Kolotita Pelenato at Unit/Flat Flat 2, 676 Worcester Street, Linwood, Christchurch 8062 is terminated, and possession is granted to Vision Property Management Limited (T/A Harcourts) at, 9:00am Monday 13 January 2025.

Kolotita Pelenato must pay Vision Property Management Limited (T/A Harcourts) $887.00 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,080.00 (3271795-016) to Vision Property Management Limited (T/A Harcourts) immediately.

Reasons

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Termination

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

The tenant has been at least 5 working days in arrear within a 90-day period and the landlord has sent notices to the tenant on the following dates: a. 4 October 2024 b. 25 October 2024 c. 4 November 2024

The landlord filed their application on 13 November 2024.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing up to 18 December 2024, as ordered above.

The order for termination will occur at 9:00am, Monday 13 January 2025. I have not made an order for immediate termination, because it is the end of the year and very close to the Christmas/New Year break. The court will close for a short period of time during Christmas and New Year, along with other businesses. There will be difficulties in seeking enforcement of any termination order made during this time and it is likely that the tenant will encounter difficulties in finding alternative accommodation as well. The tenant should be aware that they remain liable to pay rent up to the date that they vacate the property.

It remains available to the landlord to file a fresh application for further rent arrears accrued between now and the date the tenant vacates the property. Rent arrears

The tenancy began on 21 November 2022. It was managed by the owner personally until 2 May 2024 when Vision Property Management Limited (T/A Harcourts) assumed responsibility for the management.

Vision Property Management Limited (T/A Harcourts) provided a rent summary from the beginning of their management up to 18 December 2024, which proves that rent arrears were $1,940.00 up to this date. A copy of the owner’s rent summary from the beginning of the tenancy up to 16 April 2024 was also provided however, there were payments made by the tenant on 23 and 30 April 2024 that have not been included. The owner did not attend the hearing and I am not satisfied as to the reliability of their rent summary. Therefore, I have only made an order for rent arrears as recorded in the rent summary provided by Vision Property Management Limited (T/A Harcourts). Filing fee

Because Vision Property Management Limited (T/A Harcourts) has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5069749 — net $887.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2024	$1,940.00	Rent arrears to 18 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$887.00
Total payable by Tenant to Landlord	$887.00

Order

The tenancy of Kolotita Pelenato at Unit/Flat Flat 2, 676 Worcester Street, Linwood, Christchurch 8062 is terminated, and possession is granted to Vision Property Management Limited (T/A Harcourts) at, 9:00am Monday 13 January 2025.
Kolotita Pelenato must pay Vision Property Management Limited (T/A Harcourts) $887.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,080.00 (3271795-016) to Vision Property Management Limited (T/A Harcourts) immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Termination
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
The tenant has been at least 5 working days in arrear within a 90-day period and the landlord has sent notices to the tenant on the following dates: a. 4 October 2024 b. 25 October 2024 c. 4 November 2024
The landlord filed their application on 13 November 2024.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing up to 18 December 2024, as ordered above.
The order for termination will occur at 9:00am, Monday 13 January 2025. I have not made an order for immediate termination, because it is the end of the year and very close to the Christmas/New Year break. The court will close for a short period of time during Christmas and New Year, along with other businesses. There will be difficulties in seeking enforcement of any termination order made during this time and it is likely that the tenant will encounter difficulties in finding alternative accommodation as well. The tenant should be aware that they remain liable to pay rent up to the date that they vacate the property.
It remains available to the landlord to file a fresh application for further rent arrears accrued between now and the date the tenant vacates the property. Rent arrears
The tenancy began on 21 November 2022. It was managed by the owner personally until 2 May 2024 when Vision Property Management Limited (T/A Harcourts) assumed responsibility for the management.
Vision Property Management Limited (T/A Harcourts) provided a rent summary from the beginning of their management up to 18 December 2024, which proves that rent arrears were $1,940.00 up to this date. A copy of the owner’s rent summary from the beginning of the tenancy up to 16 April 2024 was also provided however, there were payments made by the tenant on 23 and 30 April 2024 that have not been included. The owner did not attend the hearing and I am not satisfied as to the reliability of their rent summary. Therefore, I have only made an order for rent arrears as recorded in the rent summary provided by Vision Property Management Limited (T/A Harcourts). Filing fee
Because Vision Property Management Limited (T/A Harcourts) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5069749 — Rent arrears at Unit/Flat Flat 2, 676 Worcester Street, Linwood,

At a glance

Tenancy Tribunal case 5069749 — Rent arrears at Unit/Flat Flat 2, 676 Worcester Street, Linwood,

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