What was the outcome of Tenancy Tribunal case 4649309?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4649309?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,571.42 awarded to landlord

What type of tenancy dispute was case 4649309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9349595-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4649309?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4649309?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,571.42 awarded to landlord

What type of tenancy dispute was case 4649309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9349595-Tenancy_Tribunal_Order.pdf.

52 Kuru Place, Papamoa, Papamoa 3118 Tenancy Tribunal Case 4649309 — Rent arrears

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52 Kuru Place, Papamoa, Papamoa 3118 Tenancy Tribunal Case 4649309 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4649309. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on Tuesday 5 September 2023, being rent and rent arrears of	$2,571.42		on Tuesday 5 September 2023, being rent and rent arrears of
and the application filing fee of	$20.44		and the application filing fee of

Claims and awards for application 4649309. Verify on MoJ.

on Tuesday 5 September 2023, being rent and rent arrears of

Amount: $2,571.42
Awarded to: Landlord
Reason: on Tuesday 5 September 2023, being rent and rent arrears of

and the application filing fee of

Amount: $20.44
Awarded to: Landlord
Reason: and the application filing fee of

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Thomas James Whelan and Jenalyn Manipol Latanafrancia at 52 Kuru Place, Papamoa, Papamoa 3118 is terminated, and possession is granted to Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson, at 8pm Sunday 10 September 2023.
Thomas James Whelan and Jenalyn Manipol Latanafrancia must pay Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson $2,591.86 on Tuesday 5 September 2023, being rent and rent arrears of $2,571.42 and the application filing fee of $20.44.

Reasons

Both parties attended the hearing, conducted via teleconference. Mr Whelan represented both tenants.
The landlord has applied for termination of the tenancy, rent arrears and the application filing fee

Should the tenancy be terminated?

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.
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 at the end of the tenancy, as ordered above. Application filing fee
Because Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4649309. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on Tuesday 5 September 2023, being rent and rent arrears of	$2,571.42		on Tuesday 5 September 2023, being rent and rent arrears of
and the application filing fee of	$20.44		and the application filing fee of

Claims and awards for application 4649309. Verify on MoJ.

on Tuesday 5 September 2023, being rent and rent arrears of

Amount: $2,571.42
Awarded to: Landlord
Reason: on Tuesday 5 September 2023, being rent and rent arrears of

and the application filing fee of

Amount: $20.44
Awarded to: Landlord
Reason: and the application filing fee of

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Thomas James Whelan and Jenalyn Manipol Latanafrancia at 52 Kuru Place, Papamoa, Papamoa 3118 is terminated, and possession is granted to Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson, at 8pm Sunday 10 September 2023.
Thomas James Whelan and Jenalyn Manipol Latanafrancia must pay Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson $2,591.86 on Tuesday 5 September 2023, being rent and rent arrears of $2,571.42 and the application filing fee of $20.44.

Reasons

Both parties attended the hearing, conducted via teleconference. Mr Whelan represented both tenants.
The landlord has applied for termination of the tenancy, rent arrears and the application filing fee

Should the tenancy be terminated?

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.
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 at the end of the tenancy, as ordered above. Application filing fee
Because Realty Focus Limited As Agent For Marella Ltd - Marian O'donoghue & Dale Donaldson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4649309 — Rent arrears at 52 Kuru Place, Papamoa, Papamoa 3118

At a glance

Tenancy Tribunal case 4649309 — Rent arrears at 52 Kuru Place, Papamoa, Papamoa 3118

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions