How much money was awarded in case 4594974?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,598.00 awarded to landlord

What type of tenancy dispute was case 4594974?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4594974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9177711-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4594974?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,598.00 awarded to landlord

What type of tenancy dispute was case 4594974?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4594974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9177711-Tribunal_Order_Redacted.pdf.

229A Fernhill Road, Sunshine Bay, Queenstown 9300 Tenancy Tribunal Case 4594974 — Rent arrears

Q: What was Tenancy Tribunal case 4594974 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4594974 — net $2,911.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,598.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,911.44
Total payable by Tenant to Landlord	$2,911.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Rachael Alison Ropata (Welsh) at 229A Fernhill Road, Sunshine Bay, Queenstown 9300 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 13 July 2023.

The Bond Centre is to pay the bond of $1,707.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Rachael Alison Ropata (Welsh) must pay [The landlord/s] $2,911.44 immediately, calculated as shown in the table below:

[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $2,911.44.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This application was scheduled to be heard by teleconference. I rang two numbers provided for the tenant but neither of those calls were answered. The hearing therefore proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, payment of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date and so the tenancy is terminated.

How much does the tenant owe?

The landlord provided evidence which I accept show how much rent is owing at today’s date.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in his claim against her. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

I understand that the landlord has not yet arranged with the tenant as to a date for removal of the goods left at the premises but the following is a description of the law relating to disposal.

The landlord ought to contact the tenant and arrange a date by which the belongings need to be removed. If the landlord is either unable to contact the tenant, or is unable to agree with the tenant on a period for the tenant to collect the goods, or the tenant has failed to collect the goods in the agreed time period, the following provisions apply.

If it is not practicable for the landlord to the return the goods to the tenant or the value of the goods is below the cost of storing, transporting and selling them, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

If it is not practicable for the landlord to the return the goods to the tenant and some of the goods have a value above the cost of storing, transporting and selling them, the landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986). Suppression

In accordance with the provisions of s95A of the Residential Tenancies Act 1986 I am ordering the suppression of the landlord’s name because he has applied for it and because he was wholly successful in the claim. C ter Haar 13 July 2023

Claims and awards in Tenancy Tribunal application 4594974 — net $2,911.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,598.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,911.44
Total payable by Tenant to Landlord	$2,911.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Rachael Alison Ropata (Welsh) at 229A Fernhill Road, Sunshine Bay, Queenstown 9300 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 13 July 2023.
The Bond Centre is to pay the bond of $1,707.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Rachael Alison Ropata (Welsh) must pay [The landlord/s] $2,911.44 immediately, calculated as shown in the table below:
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $2,911.44.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This application was scheduled to be heard by teleconference. I rang two numbers provided for the tenant but neither of those calls were answered. The hearing therefore proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, payment of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date and so the tenancy is terminated.

How much does the tenant owe?

The landlord provided evidence which I accept show how much rent is owing at today’s date.
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in his claim against her. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
I understand that the landlord has not yet arranged with the tenant as to a date for removal of the goods left at the premises but the following is a description of the law relating to disposal.
The landlord ought to contact the tenant and arrange a date by which the belongings need to be removed. If the landlord is either unable to contact the tenant, or is unable to agree with the tenant on a period for the tenant to collect the goods, or the tenant has failed to collect the goods in the agreed time period, the following provisions apply.
If it is not practicable for the landlord to the return the goods to the tenant or the value of the goods is below the cost of storing, transporting and selling them, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
If it is not practicable for the landlord to the return the goods to the tenant and some of the goods have a value above the cost of storing, transporting and selling them, the landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986). Suppression
In accordance with the provisions of s95A of the Residential Tenancies Act 1986 I am ordering the suppression of the landlord’s name because he has applied for it and because he was wholly successful in the claim. C ter Haar 13 July 2023

Tenancy Tribunal case 4594974 — Rent arrears at 229A Fernhill Road, Sunshine Bay, Queenstown 9300

At a glance

Tenancy Tribunal case 4594974 — Rent arrears at 229A Fernhill Road, Sunshine Bay, Queenstown 9300

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions