What was Tenancy Tribunal case 4659553 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4659553?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,336.00 awarded to landlord; Water Rates: $1,142.93 awarded to landlord

What type of tenancy dispute was case 4659553?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9930285-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4659553 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4659553?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,336.00 awarded to landlord; Water Rates: $1,142.93 awarded to landlord

What type of tenancy dispute was case 4659553?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9930285-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4659553 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4659553 — net $12,459.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$13,336.00	Rent arrears to 21 February 2024
Water rates	$1,142.93	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,459.37
Total payable by Tenant to Landlord	$12,459.37

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on 21 February 2024.

The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The tenant/s] must pay [The landlord/s] $11,939.56 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, the tenant did not.

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

The tenant applied for an adjournment. Background and adjournment application

The application was filed on 18 August 2023. On this date rent was $9,805.00 in arrears. The tenant sought an adjournment due to a family member being ill. The hearing was rescheduled to 11 October 2023.

On 11 October 2023 rent was $5,565.00 in arrears. The tenant sought an adjournment due to a family member being ill. The hearing was rescheduled to 12 December 2023.

On 12 December 2023 rent was $6,925.00 in arrears. The tenant sought an adjournment due to needing an operation. The hearing was rescheduled to today’s date.

Yesterday late in the day, the tenant made an application for an adjournment based on illness and provided a medical certificate in support of her application.

As of today’s date, the landlord states rent arrears has increased to $12,365.00. A rent summary has been submitted to the Tribunal which supports this claim.

There is no need for me to comment on the merits of the four adjournment applications. Suffice it to say there has now been a delay of almost six months from when the first hearing date was set until today, the fourth hearing date. In this time rent arrears has increased from $9,805.00 to $12,365.00. This is contrary to the tenant’s claim on the papers in her most recent adjournment application that rent has remained constant at approximately $6,000.00. On the landlord’s evidence today the last rent payment was made on 13 November 2023, almost three months ago.

I consider medical conditions supported by medical certificates, to be very persuasive when I consider whether or not to grant an adjournment.

Against this however is the evidence that the tenant has been living rent free since mid-November 2023 at a time when she was already $4,205.00 in arrears.

The current level of rent arrears and the delay that has been caused to resolving this dispute are a significant burden to the landlord which in my view outweighs the merit in granting a fourth adjournment to this case, on the grounds of an un-disclosed medical condition. Rent arrears and water rates

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Possession is granted to the landlord at 11.59pm on 21 February 2024. An adjustment of rent is made to account for this date. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord has provided water rates invoices which prove the amount of water rates currently owing is $1,142.93.

The amounts are proven.

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

Claims and awards in Tenancy Tribunal application 4659553 — net $12,459.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$13,336.00	Rent arrears to 21 February 2024
Water rates	$1,142.93	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,459.37
Total payable by Tenant to Landlord	$12,459.37

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on 21 February 2024.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $11,939.56 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond.
The tenant applied for an adjournment. Background and adjournment application
The application was filed on 18 August 2023. On this date rent was $9,805.00 in arrears. The tenant sought an adjournment due to a family member being ill. The hearing was rescheduled to 11 October 2023.
On 11 October 2023 rent was $5,565.00 in arrears. The tenant sought an adjournment due to a family member being ill. The hearing was rescheduled to 12 December 2023.
On 12 December 2023 rent was $6,925.00 in arrears. The tenant sought an adjournment due to needing an operation. The hearing was rescheduled to today’s date.
Yesterday late in the day, the tenant made an application for an adjournment based on illness and provided a medical certificate in support of her application.
As of today’s date, the landlord states rent arrears has increased to $12,365.00. A rent summary has been submitted to the Tribunal which supports this claim.
There is no need for me to comment on the merits of the four adjournment applications. Suffice it to say there has now been a delay of almost six months from when the first hearing date was set until today, the fourth hearing date. In this time rent arrears has increased from $9,805.00 to $12,365.00. This is contrary to the tenant’s claim on the papers in her most recent adjournment application that rent has remained constant at approximately $6,000.00. On the landlord’s evidence today the last rent payment was made on 13 November 2023, almost three months ago.
I consider medical conditions supported by medical certificates, to be very persuasive when I consider whether or not to grant an adjournment.
Against this however is the evidence that the tenant has been living rent free since mid-November 2023 at a time when she was already $4,205.00 in arrears.
The current level of rent arrears and the delay that has been caused to resolving this dispute are a significant burden to the landlord which in my view outweighs the merit in granting a fourth adjournment to this case, on the grounds of an un-disclosed medical condition. Rent arrears and water rates
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Possession is granted to the landlord at 11.59pm on 21 February 2024. An adjustment of rent is made to account for this date. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord has provided water rates invoices which prove the amount of water rates currently owing is $1,142.93.
The amounts are proven.
Because [The landlord/s] have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4659553 — Rent arrears

At a glance

Tenancy Tribunal case 4659553 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions