What was Tenancy Tribunal case 4556874 about?

The tribunal order states: [The tenant/s] must pay AJ Grewal Limited $3827.58 immediately, calculated as

How much money was awarded in case 4556874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord

What type of tenancy dispute was case 4556874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4556874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635437-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4556874 about?

The tribunal order states: [The tenant/s] must pay AJ Grewal Limited $3827.58 immediately, calculated as

How much money was awarded in case 4556874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord

What type of tenancy dispute was case 4556874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4556874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635437-Tribunal_Order.pdf.

22 Lendenfeld Drive, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4556874 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4556874. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears from 5 July 10 14 August 2023	$3,807.14		Rent arrears from 5 July 10 14 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Today’s telephone hearing was to consider the landlord’s last remaining claim of whether the landlord was entitled to the rent from the 5 July 2023 to the 14 August 2023.

This decision should be read in conjunction with my previous decisions dated 15 August 2023 which sets out fully the background of the situation.

Only the landlord attended today’s hearing. The tenant was telephoned but did not answer any of the calls.

The sole question to be determined was whether the landlord should be entitled to rent from the 5 July to 14 August? This was the period after the tenant was evicted until the matter was reheard. During this period the tenant moved his items into storage but did not end the tenancy nor did the tenant withdraw the rehearing application as it related to the landlord’s claim for termination and possession.

Having heard and considered all of the evidence, including the correspondence between the parties over this time, I consider that the landlord should be entitled to rent for that period for the following reasons: a) The tenant had the use of the premises, he stored his items there and whilst he was moving out over this time, he did not complete the move out until the 13 August. b) As the tenant did not withdraw the rehearing application as it related to the termination (Which would have mitigated his loss), the landlord was not in a position where he could take steps to re -tenant the property. He was in limbo until the tenant’s rehearing application was heard as the Tribunal could have ordered reinstatement of the tenancy. Like the issue of costs going in favour of the victorious party. The tenant sought a rehearing which is a step in litigation, and as he was unsuccessful ultimately, the landlord should be reimbursed their actual loss which arose from the tenant’s application, in this case the loss of rental income over this period. c) It was not until the 24 July, when the tenant advised the landlord that they would attend the final removal of their items and the cleaning the following weekend, that the landlord would have had any appreciation the tenants may not seeking to move back in. Despite this, the tenants did not tell the landlord that they accepted the tenancy was now at an end and the landlord was entitled to re tenant the property. As far as the landlord was aware the tenants had moved their items to a storage facility on a temporary basis.

Because AJ Grewal Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4556874. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears from 5 July 10 14 August 2023	$3,807.14		Rent arrears from 5 July 10 14 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Today’s telephone hearing was to consider the landlord’s last remaining claim of whether the landlord was entitled to the rent from the 5 July 2023 to the 14 August 2023.

This decision should be read in conjunction with my previous decisions dated 15 August 2023 which sets out fully the background of the situation.

Only the landlord attended today’s hearing. The tenant was telephoned but did not answer any of the calls.

Because AJ Grewal Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4556874 — Rent arrears at 22 Lendenfeld Drive, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Tenancy Tribunal case 4556874 — Rent arrears at 22 Lendenfeld Drive, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

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Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions