What was the outcome of Tenancy Tribunal case 4660589?

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

How much money was awarded in case 4660589?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4660589?

The dispute type was not classified.

Where can I read the official tribunal order for case 4660589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9483953-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4660589?

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

How much money was awarded in case 4660589?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4660589?

The dispute type was not classified.

Where can I read the official tribunal order for case 4660589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9483953-Tenancy_Tribunal_Order.pdf.

Unit/Flat 39, 143 Quay Street, Auckland Central, Auckland Tenancy Tribunal Case 4660589 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 39, 143 Quay Street, Auckland Central, Auckland Tenancy Tribunal Case 4660589 — Tenancy dispute | 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 4660589 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Claims and awards for application 4660589 — net $20.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $20.44

Total payable by Tenant to Landlord

Landlord $20.44

Dismissed claims

Rent Arrears — as the rent was not in arrears as of the date of this hearing. Should the tenancy be terminated?

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 tenant is to pay the filing fee of $20.44 to the landlord immediately.
All other applications are dismissed.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The application for rent arrears is dismissed as the rent was not in arrears as of the date of this hearing.

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 for termination have been established.
Section 55(2) Residential Tenancies Act 1986 provides that the Tribunal may refuse to make an order for termination, if, but only if it is satisfied that; • The breach has been remedied and the landlord has been compensated for any loss arising from the breach; and • It is unlikely that the tenant will commit any further breach.
Rent is no longer in arrears. The breach has been remedied. No evidence of any other loss to the landlord was proffered.
The tenant explained that he had been in financial difficulties but that he understood his obligation to pay rent in full and on time. I am satisfied that he will do so and the application for termination is dismissed.
The tenant is reminded of his obligation to pay rent in full and on time. A failure to do so will inevitably result in the landlord filing a further application to the Tribunal and referring the adjudicator hearing that matter to this decision. It is unlikely that any further chance would be provided to the tenant in those circumstances.
As Cooper & Co Real Estate Limited T/As Harcourts As Agent For Li Chow has substantially succeeded with the claim I have ordered the tenant to 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 4660589 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Claims and awards for application 4660589 — net $20.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $20.44

Total payable by Tenant to Landlord

Landlord $20.44

Dismissed claims

Rent Arrears — as the rent was not in arrears as of the date of this hearing. Should the tenancy be terminated?

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 tenant is to pay the filing fee of $20.44 to the landlord immediately.
All other applications are dismissed.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The application for rent arrears is dismissed as the rent was not in arrears as of the date of this hearing.

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 for termination have been established.
Section 55(2) Residential Tenancies Act 1986 provides that the Tribunal may refuse to make an order for termination, if, but only if it is satisfied that; • The breach has been remedied and the landlord has been compensated for any loss arising from the breach; and • It is unlikely that the tenant will commit any further breach.
Rent is no longer in arrears. The breach has been remedied. No evidence of any other loss to the landlord was proffered.
The tenant explained that he had been in financial difficulties but that he understood his obligation to pay rent in full and on time. I am satisfied that he will do so and the application for termination is dismissed.
The tenant is reminded of his obligation to pay rent in full and on time. A failure to do so will inevitably result in the landlord filing a further application to the Tribunal and referring the adjudicator hearing that matter to this decision. It is unlikely that any further chance would be provided to the tenant in those circumstances.
As Cooper & Co Real Estate Limited T/As Harcourts As Agent For Li Chow has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4660589 — Tenancy dispute at Unit/Flat 39, 143 Quay Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4660589 — Tenancy dispute at Unit/Flat 39, 143 Quay Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions