How much money was awarded in case 4676990?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,491.43 awarded to landlord

What type of tenancy dispute was case 4676990?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621457-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4676990?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,491.43 awarded to landlord

What type of tenancy dispute was case 4676990?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621457-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4676990 — Rent arrears

Q: What was Tenancy Tribunal case 4676990 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 4676990 — net $351.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as at 8 November 2023	$1,491.43	Rent arrears (as at 8 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$351.87
Total payable by Tenant to Landlord	$351.87

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

The tenancy of Andrea Balyntine Bates at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, at 11.59pm on Wednesday 8 November 2023.

The Bond Centre is to pay the bond of $1,160.00 (3398554-016) to Auckland City-Living Management Limited As Agent For Faxin Chen immediately, as calculated in the table below.

Reasons

This original application was scheduled to be heard by teleconference on 3 October 2023. Adjudicator ter Haar rang the number provided for the tenant twice but was unable to get through. The hearing proceeded in the tenant’s absence.

The tenant applied for a rehearing on 10 October 2023, on the basis that: a. He works deep in Kauri reserves which at times can disable phone signals; b. He had just received news of a family members passing on the day of the hearing; c. He had not informed the Tribunal of a second phone number to call if the other one did not work; and d. He had been informed that the landlord had cancelled its application to the Tribunal as the tenant and landlord has agreed a payment plan for the rent arrears; and e. He had entered into a repayment plan for the rent arrears.

The rehearing was granted on 10 October 2023 and the 3 October 2023 order stayed.

The rehearing was heard remotely today. The landlord attended and the tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

I tried both phone numbers the tenant provided. Both numbers went repeatedly to voicemail. The tenant has reasonable notice of today’s rehearing and chose not to be in a place where he was guaranteed to be able to be contacted by phone. The landlord confirmed that it had also not been able to contact the tenant for some time and it is concerned that all rent payments ceased on 5 October 2023.

At the rehearing application, the landlord reiterated its requirement for its application for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment from the bond be heard today given the last rent payment made by the tenant was on 5 October 2023. It is not equitable nor is it in the public interest for the rehearing not to have gone ahead today because the tenant again did not make himself available.

The tenant’s rent was at least 21 days in arrears on the date of filing of the rehearing application and on the date the original landlord application was filed. While the tenant has continued to make some inroads into the arrears the situation still has not been remedied. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.

At today’s hearing the landlord has provided a current rent summary which proves the amount owing, as at today, is $1,491.43.

I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against the tenant.

Claims and awards in Tenancy Tribunal application 4676990 — net $351.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as at 8 November 2023	$1,491.43	Rent arrears (as at 8 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$351.87
Total payable by Tenant to Landlord	$351.87

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Andrea Balyntine Bates at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, at 11.59pm on Wednesday 8 November 2023.
The Bond Centre is to pay the bond of $1,160.00 (3398554-016) to Auckland City-Living Management Limited As Agent For Faxin Chen immediately, as calculated in the table below.

Reasons

This original application was scheduled to be heard by teleconference on 3 October 2023. Adjudicator ter Haar rang the number provided for the tenant twice but was unable to get through. The hearing proceeded in the tenant’s absence.
The tenant applied for a rehearing on 10 October 2023, on the basis that: a. He works deep in Kauri reserves which at times can disable phone signals; b. He had just received news of a family members passing on the day of the hearing; c. He had not informed the Tribunal of a second phone number to call if the other one did not work; and d. He had been informed that the landlord had cancelled its application to the Tribunal as the tenant and landlord has agreed a payment plan for the rent arrears; and e. He had entered into a repayment plan for the rent arrears.
The rehearing was granted on 10 October 2023 and the 3 October 2023 order stayed.
The rehearing was heard remotely today. The landlord attended and the tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
I tried both phone numbers the tenant provided. Both numbers went repeatedly to voicemail. The tenant has reasonable notice of today’s rehearing and chose not to be in a place where he was guaranteed to be able to be contacted by phone. The landlord confirmed that it had also not been able to contact the tenant for some time and it is concerned that all rent payments ceased on 5 October 2023.
At the rehearing application, the landlord reiterated its requirement for its application for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment from the bond be heard today given the last rent payment made by the tenant was on 5 October 2023. It is not equitable nor is it in the public interest for the rehearing not to have gone ahead today because the tenant again did not make himself available.
The tenant’s rent was at least 21 days in arrears on the date of filing of the rehearing application and on the date the original landlord application was filed. While the tenant has continued to make some inroads into the arrears the situation still has not been remedied. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
At today’s hearing the landlord has provided a current rent summary which proves the amount owing, as at today, is $1,491.43.
I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against the tenant.

Tenancy Tribunal case 4676990 — Rent arrears

At a glance

Tenancy Tribunal case 4676990 — 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