What was the outcome of Tenancy Tribunal case 5159151?

The tribunal order states: The tenancy of Abdul Fareed Khan at 11 Renoir Avenue, Belmont, Lower Hutt

How much money was awarded in case 5159151?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,883.57 awarded to landlord

What type of tenancy dispute was case 5159151?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5159151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11483790-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5159151?

The tribunal order states: The tenancy of Abdul Fareed Khan at 11 Renoir Avenue, Belmont, Lower Hutt

How much money was awarded in case 5159151?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,883.57 awarded to landlord

What type of tenancy dispute was case 5159151?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5159151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11483790-Tenancy_Tribunal_Order.pdf.

11 Renoir Avenue, Belmont, Lower Hutt 5010 Tenancy Tribunal Case 5159151 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5159151 — net $1,731.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/02/25	$4,883.57	Rent arrears to 27/02/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,731.01
Total payable by Tenant to Landlord	$1,731.01

The tenancy of Abdul Fareed Khan at 11 Renoir Avenue, Belmont, Lower Hutt 5010 is terminated, and possession is granted to Total Rental Solutions Limited, at 11:59pm on Tuesday 25 February 2025.

The Bond Centre is to pay the bond of $3,179.56 (4999656-001) to Total Rental Solutions Limited immediately.

Abdul Fareed Khan must pay Total Rental Solutions Limited $1,731.01 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The tenant emailed registry this morning with a doctor’s certificate stating that Mr Khan was suffering from concussion and unable to attend the hearing today. This medical certificate was not accompanied by a request for an adjournment by Mr Khan.

I considered the contents of the medical certificate carefully and asked if Mr Khan could arrange to have a support person with him to assist him with the hearing so it could continue as the landlord objected to the garnting of an adjournment on the following grounds: a. Mr Khan’s recidivist rent arrears as at today’s date are significant; b. There is no defence to the landlord’s claim for termination/possession, under s55(1)(a) of the RTA; c. If I was to adjourn the hearing, it could be at least a further 2 months before a new hearing could be scheduled, and the owner has confirmed he is under significant financial distress and cannot meet the financial commitments he has for the property without regular rent being paid in full and on time; and d. If I was to adjourn the hearing, there are no guarantees Mr Khan’s concussion symptoms will have gone by the time of the next scheduled hearing.

For all the reasons set out in paragraph [8], I declined to grant an adjournment of today’s hearing.

Should the tenancy be terminated?

Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.

The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 10 February 2025. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion, as it would be unconscionable for it not to terminate the tenancy under these circumstances. The tenant has no defence to a s55(1)(a) of the RTA termination, unless he can prove he was not in at least 21 days rent arrears on 10 February 2025 and that he had paid all his rent arrears, before the12:15pm hearing today.

The tenancy is terminated, and possession granted to the landlord.

The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that he wants to retain.

The landlord provided rent records which prove the amount owing at the end of the tenancy. Reimbursement of the filing fee

Because Total Rental Solutions Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5159151 — net $1,731.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/02/25	$4,883.57	Rent arrears to 27/02/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,731.01
Total payable by Tenant to Landlord	$1,731.01

Order

The tenancy of Abdul Fareed Khan at 11 Renoir Avenue, Belmont, Lower Hutt 5010 is terminated, and possession is granted to Total Rental Solutions Limited, at 11:59pm on Tuesday 25 February 2025.
The Bond Centre is to pay the bond of $3,179.56 (4999656-001) to Total Rental Solutions Limited immediately.
Abdul Fareed Khan must pay Total Rental Solutions Limited $1,731.01 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The tenant emailed registry this morning with a doctor’s certificate stating that Mr Khan was suffering from concussion and unable to attend the hearing today. This medical certificate was not accompanied by a request for an adjournment by Mr Khan.
I considered the contents of the medical certificate carefully and asked if Mr Khan could arrange to have a support person with him to assist him with the hearing so it could continue as the landlord objected to the garnting of an adjournment on the following grounds: a. Mr Khan’s recidivist rent arrears as at today’s date are significant; b. There is no defence to the landlord’s claim for termination/possession, under s55(1)(a) of the RTA; c. If I was to adjourn the hearing, it could be at least a further 2 months before a new hearing could be scheduled, and the owner has confirmed he is under significant financial distress and cannot meet the financial commitments he has for the property without regular rent being paid in full and on time; and d. If I was to adjourn the hearing, there are no guarantees Mr Khan’s concussion symptoms will have gone by the time of the next scheduled hearing.
For all the reasons set out in paragraph [8], I declined to grant an adjournment of today’s hearing.

Should the tenancy be terminated?

Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 10 February 2025. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion, as it would be unconscionable for it not to terminate the tenancy under these circumstances. The tenant has no defence to a s55(1)(a) of the RTA termination, unless he can prove he was not in at least 21 days rent arrears on 10 February 2025 and that he had paid all his rent arrears, before the12:15pm hearing today.
The tenancy is terminated, and possession granted to the landlord.
The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that he wants to retain.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Reimbursement of the filing fee
Because Total Rental Solutions Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5159151 — Rent arrears at 11 Renoir Avenue, Belmont, Lower Hutt 5010

At a glance

Tenancy Tribunal case 5159151 — Rent arrears at 11 Renoir Avenue, Belmont, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions