How much money was awarded in case 4654291?

Filing Fee: $20.44 awarded to landlord; Power And Water Charges: $215.09 awarded to landlord; Previous Order Application 4506491 D…: $544.33 awarded to landlord

What type of tenancy dispute was case 4654291?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439278-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4654291?

Filing Fee: $20.44 awarded to landlord; Power And Water Charges: $215.09 awarded to landlord; Previous Order Application 4506491 D…: $544.33 awarded to landlord

What type of tenancy dispute was case 4654291?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439278-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4654291 — Tenancy dispute

Q: What was Tenancy Tribunal case 4654291 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 4654291 — net $779.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4506491 dated 12/05/2023	$544.33	Previous order application 4506491 dated 12/05/2023
Power and water charges to 20 September 2023	$215.09	Power and water charges to 20 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$779.86
Total payable by Tenant to Landlord	$779.86

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

The tenancy of Max Parsons at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm, Wednesday, 4 October 2023.

Max Parsons must pay [The landlord/s] $779.86 immediately, calculated as shown in the table below: DescriptionLandlord Previous order application 4506491 dated 12/05/2023$544.33 Power and water charges to 20 September 2023$215.09 Filing fee reimbursement$20.44 Total award$779.86 Total payable by Tenant to Landlord$779.86

Reasons

[The landlord’s representative] attended the hearing as the agent for the landlord remotely.

I attempted to contact the tenant using the cell number provided in the landlord’s application, but both calls went straight to voicemail without ringing. I left two voicemail messages informing the tenant that the call was regarding his landlord's application to terminate the tenancy.

[The landlord’s representative] informed me that she had no further contact with the tenant since January 2023 as the tenant was not communicating with her at all.

Accordingly, I am satisfied the hearing could proceed in the tenant’s absence.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached his obligations by not paying the rent arrears of $265.71 after three notices of breach were served on the tenant.

The tenant has breached his obligations under section 56(1)(a) “by allowing another person to live in the property” without the landlord’s consent.

[The landlord’s representative] gave the tenant a section 56 notice on 28 June 2023 requesting the tenant to remedy the breach by not subletting and parting with the possession on 28 June 2023. The tenant did not remedy the breach within 14 days.

It would have been helpful if the tenant had attended the hearing. Unfortunately, since the tenant did not show up, there is no evidence to support why the tenancy should not be terminated.

Therefore, given the breach of the tenancy agreement due to subletting or parting with possession without the landlord's consent, as well as the outstanding rent arrears, it would be inequitable to refuse to make an order terminating the tenancy.

The landlord has applied for rent arrears, breach of the tenancy agreement and has provided rent records which prove the amount owing. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. General comment

[The landlord’s representative] informed me that the rent arrears outstanding as of today, which is 20 September 2023, is $265.71. This is the same amount that was outstanding during the previous Tribunal hearing that took place around 10 May 2023, with reference to application number 4506491.

[The landlord’s representative] informed me that the tenant has been paying rent, but not the $265.71 arrears. However, she is unsure why the arrears have not been paid.

Based on this information, I did not include an additional $265.71 in today's order as it would mean adding an amount that the tenant does not owe the landlord.

Claims and awards in Tenancy Tribunal application 4654291 — net $779.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4506491 dated 12/05/2023	$544.33	Previous order application 4506491 dated 12/05/2023
Power and water charges to 20 September 2023	$215.09	Power and water charges to 20 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$779.86
Total payable by Tenant to Landlord	$779.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.
The tenancy of Max Parsons at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm, Wednesday, 4 October 2023.
Max Parsons must pay [The landlord/s] $779.86 immediately, calculated as shown in the table below: DescriptionLandlord Previous order application 4506491 dated 12/05/2023$544.33 Power and water charges to 20 September 2023$215.09 Filing fee reimbursement$20.44 Total award$779.86 Total payable by Tenant to Landlord$779.86

Reasons

[The landlord’s representative] attended the hearing as the agent for the landlord remotely.
I attempted to contact the tenant using the cell number provided in the landlord’s application, but both calls went straight to voicemail without ringing. I left two voicemail messages informing the tenant that the call was regarding his landlord's application to terminate the tenancy.
[The landlord’s representative] informed me that she had no further contact with the tenant since January 2023 as the tenant was not communicating with her at all.
Accordingly, I am satisfied the hearing could proceed in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached his obligations by not paying the rent arrears of $265.71 after three notices of breach were served on the tenant.
The tenant has breached his obligations under section 56(1)(a) “by allowing another person to live in the property” without the landlord’s consent.
[The landlord’s representative] gave the tenant a section 56 notice on 28 June 2023 requesting the tenant to remedy the breach by not subletting and parting with the possession on 28 June 2023. The tenant did not remedy the breach within 14 days.
It would have been helpful if the tenant had attended the hearing. Unfortunately, since the tenant did not show up, there is no evidence to support why the tenancy should not be terminated.
Therefore, given the breach of the tenancy agreement due to subletting or parting with possession without the landlord's consent, as well as the outstanding rent arrears, it would be inequitable to refuse to make an order terminating the tenancy.
The landlord has applied for rent arrears, breach of the tenancy agreement and has provided rent records which prove the amount owing. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. General comment
[The landlord’s representative] informed me that the rent arrears outstanding as of today, which is 20 September 2023, is $265.71. This is the same amount that was outstanding during the previous Tribunal hearing that took place around 10 May 2023, with reference to application number 4506491.
[The landlord’s representative] informed me that the tenant has been paying rent, but not the $265.71 arrears. However, she is unsure why the arrears have not been paid.
Based on this information, I did not include an additional $265.71 in today's order as it would mean adding an amount that the tenant does not owe the landlord.

Tenancy Tribunal case 4654291 — Tenancy dispute

At a glance

Tenancy Tribunal case 4654291 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions