What was the outcome of Tenancy Tribunal case 4670650?

The tribunal order states: The tenancy of Tutahanga Wharawhara and Taunaha Witika at 4 McGowan

How much money was awarded in case 4670650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,798.57 awarded to landlord

What type of tenancy dispute was case 4670650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544285-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4670650?

The tribunal order states: The tenancy of Tutahanga Wharawhara and Taunaha Witika at 4 McGowan

How much money was awarded in case 4670650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,798.57 awarded to landlord

What type of tenancy dispute was case 4670650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544285-Tenancy_Tribunal_Order.pdf.

4 McGowan Street, Waharoa, Waharoa 3401 Tenancy Tribunal Case 4670650 — Rent arrears

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4 McGowan Street, Waharoa, Waharoa 3401 Tenancy Tribunal Case 4670650 — 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 4670650 — net $2,819.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/23	$2,798.57	Rent arrears to 21/10/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,819.01
Total payable by Tenant to Landlord	$2,819.01

Claims and awards for application 4670650 — net $2,819.01 NZD. Verify on MoJ.

Rent arrears to 21/10/23

Amount: $2,798.57
Awarded to: Landlord
Reason: Rent arrears to 21/10/23

Filing fee reimbursement

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

Net award

Landlord $2,819.01

Total payable by Tenant to Landlord

Landlord $2,819.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Tutahanga Wharawhara and Taunaha Witika at 4 McGowan Street, Waharoa, is terminated, and possession is granted to Sushil Kumar Sharma and Nalini Kumari Sharma, at 11:59pm on Saturday 21 October 2023.
Tutahanga Wharawhara and Taunaha Witika must pay Sushil Kumar Sharma and Nalini Kumari Sharma $2,819.01 immediately, calculated as shown in table below:

Reasons

The landlords attended the hearing; the tenants did not attend.
The landlords have applied for termination of the tenancy for rent arrears, possession, rent arrears and compensation.

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 (ss 55 and 56(2) Residential Tenancies Act 1986).
Rent is at least 21 days in arrears at the hearing date. Therefore, the tenancy is terminated.
In addition to seeking termination for rent arrears, the landlords have served a 90-day notice for the tenancy to end on 21 October. They agree that there would be little point in terminating the tenancy earlier than the date fixed by the notice. Therefore, the tenancy will end on 21 October.

How much do the tenants owe?

The landlords have provided rent records for the last 3 years of the tenancy which prove the amount of rent owing. They have not provided records for the first year, but they say payments were disrupted for that year by Covid-19 and that they have written off the arrears owing for the period.
Because the landlords’ records for the subsequent years are accurate and well maintained, I accept their oral evidence that there were arrears for the first year of the tenancy and that the tenants are better off by not including this period in the calculation.
The claim includes compensation for repair costs. However, the landlords agree that it would be better to assess these costs once they have possession of the property, as the repair estimate is several months old, and the situation is likely to have changed since then. Therefore, they have withdrawn their claim for today, and will decide whether to file a further claim for compensation at a later date.
Because the landlords have succeeded with the claim, I must reimburse the filing fee. J P Smith 18 October 2023

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 4670650 — net $2,819.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/23	$2,798.57	Rent arrears to 21/10/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,819.01
Total payable by Tenant to Landlord	$2,819.01

Claims and awards for application 4670650 — net $2,819.01 NZD. Verify on MoJ.

Rent arrears to 21/10/23

Amount: $2,798.57
Awarded to: Landlord
Reason: Rent arrears to 21/10/23

Filing fee reimbursement

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

Net award

Landlord $2,819.01

Total payable by Tenant to Landlord

Landlord $2,819.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Tutahanga Wharawhara and Taunaha Witika at 4 McGowan Street, Waharoa, is terminated, and possession is granted to Sushil Kumar Sharma and Nalini Kumari Sharma, at 11:59pm on Saturday 21 October 2023.
Tutahanga Wharawhara and Taunaha Witika must pay Sushil Kumar Sharma and Nalini Kumari Sharma $2,819.01 immediately, calculated as shown in table below:

Reasons

The landlords attended the hearing; the tenants did not attend.
The landlords have applied for termination of the tenancy for rent arrears, possession, rent arrears and compensation.

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 (ss 55 and 56(2) Residential Tenancies Act 1986).
Rent is at least 21 days in arrears at the hearing date. Therefore, the tenancy is terminated.
In addition to seeking termination for rent arrears, the landlords have served a 90-day notice for the tenancy to end on 21 October. They agree that there would be little point in terminating the tenancy earlier than the date fixed by the notice. Therefore, the tenancy will end on 21 October.

How much do the tenants owe?

The landlords have provided rent records for the last 3 years of the tenancy which prove the amount of rent owing. They have not provided records for the first year, but they say payments were disrupted for that year by Covid-19 and that they have written off the arrears owing for the period.
Because the landlords’ records for the subsequent years are accurate and well maintained, I accept their oral evidence that there were arrears for the first year of the tenancy and that the tenants are better off by not including this period in the calculation.
The claim includes compensation for repair costs. However, the landlords agree that it would be better to assess these costs once they have possession of the property, as the repair estimate is several months old, and the situation is likely to have changed since then. Therefore, they have withdrawn their claim for today, and will decide whether to file a further claim for compensation at a later date.
Because the landlords have succeeded with the claim, I must reimburse the filing fee. J P Smith 18 October 2023

Tenancy Tribunal case 4670650 — Rent arrears at 4 McGowan Street, Waharoa, Waharoa 3401

At a glance

Tenancy Tribunal case 4670650 — Rent arrears at 4 McGowan Street, Waharoa, Waharoa 3401

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants 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 do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions