What was the outcome of Tenancy Tribunal case 5106390?

The tribunal order states: The tenancy of Ursula Kete and Ngaire Ngata at 3 Cramond Street, Tokoroa,

How much money was awarded in case 5106390?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5106390?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5106390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299431-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5106390?

The tribunal order states: The tenancy of Ursula Kete and Ngaire Ngata at 3 Cramond Street, Tokoroa,

How much money was awarded in case 5106390?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5106390?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5106390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299431-Tenancy_Tribunal_Order.pdf.

3 Cramond Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5106390 — Rent arrears

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Order

The tenancy of Ursula Kete and Ngaire Ngata at 3 Cramond Street, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to Property Brokers Limited and Carol We, immediately.
The application for rent arrears and the Tribunal application fee is dismissed.

Reasons

Ms Johnston attended the hearing for the landlord. The tenant and the guarantor of the tenant’s obligations were phoned on the numbers provided but the calls to the tenant went to voicemail and the calls to the guarantor disconnected as soon as they were answered.
The landlord applied for a possession order and an order for rent to today’s date.
On 25 October 2024 the tenant gave the landlord notice to end the tenancy on 23 November 2024. She vacated the premises on or before 23 November, but Ms Johnstone said that the tenant’s ex-partner stayed on and would not vacate. The ex-partner is not a named tenant and has no right of occupation granted to him by any person having the lawful right to grant possession. He is therefore a squatter and the landlord is entitled to a possession order under section 65 of the Residential Tenancies Act 1986.
As mentioned, the tenant moved out on or before the expiry of the termination notice. The tenancy therefore ended on 23 November 2024. However, Work and Income has apparently continued to pay rent to the landlord (albeit at the rate of $375 per week rather than $400) even after the tenancy ended. There is therefore no rent due as at the end of the tenancy on 23 November (essentially rent is now in credit).
The application for a rent arrears order is therefore dismissed.
The landlord has been partially successful in her application. However, I do not consider this an appropriate case to award payment of the Tribunal application fee. The tenant is not in breach of her obligations to vacate the premises on termination and is not in arrears with rent.

Tenancy Tribunal case 5106390 — Rent arrears at 3 Cramond Street, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5106390 — Rent arrears at 3 Cramond Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions