What was the outcome of Tenancy Tribunal case 4684055?

The tribunal order states: The tenancy of Robert McIlwraith-James and Sean James at 37 Mulberry

How much money was awarded in case 4684055?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,975.00 awarded to landlord; Rent For 15 November 2023: $113.57 awarded to landlord

What type of tenancy dispute was case 4684055?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4684055?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9646098-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4684055?

The tribunal order states: The tenancy of Robert McIlwraith-James and Sean James at 37 Mulberry

How much money was awarded in case 4684055?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,975.00 awarded to landlord; Rent For 15 November 2023: $113.57 awarded to landlord

What type of tenancy dispute was case 4684055?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4684055?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9646098-Tribunal_Order.pdf.

37 Mulberry Street, Maungaraki, Lower Hutt 5010 Tenancy Tribunal Case 4684055 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

37 Mulberry Street, Maungaraki, Lower Hutt 5010 Tenancy Tribunal Case 4684055 — 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 4684055 — net $1,029.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2023	$3,975.00	Rent arrears to 14 November 2023
Rent for 15 November 2023	$113.57	Rent for 15 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,029.01
Total payable by Tenant to Landlord	$1,029.01

Claims and awards for application 4684055 — net $1,029.01 NZD. Verify on MoJ.

Rent arrears to 14 November 2023

Amount: $3,975.00
Awarded to: Landlord
Reason: Rent arrears to 14 November 2023

Rent for 15 November 2023

Amount: $113.57
Awarded to: Landlord
Reason: Rent for 15 November 2023

Filing fee reimbursement

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

Net award

Landlord $1,029.01

Total payable by Tenant to Landlord

Landlord $1,029.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Robert McIlwraith-James and Sean James at 37 Mulberry Street, Maungaraki, Lower Hutt 5010 is terminated, and possession is granted to Peter Barron Family Trust, Castle Trustees Ltd As Trustees, at 11.59 pm on Wednesday 15 November 2023.
The Bond Centre is to pay the bond of $3,080.00 (5324265-004) to Peter Barron Family Trust, Castle Trustees Ltd As Trustees immediately.
Robert McIlwraith-James and Sean James must pay Peter Barron Family Trust, Castle Trustees Ltd As Trustees $1,029.01 immediately, calculated as shown in the table below:
The application filed by the tenants was withdrawn before the hearing.

Reasons

A corrected order has been issued because I am aware there were technical issues which mean the order could not be read properly or printed out correctly.
The content of the order and the reasons has not changed.
The landlord attended the hearing. The tenants advised the Tribunal that they would not be attending.
The landlord originally applied for an order for possession because of a 90 day notice served on the tenant to end the tenancy. This application is now moot because I can end the tenancy because of the overdue rent. As I said in the hearing, I am not required to decide an application which has become moot.
The landlord’s current application is for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

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. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy, on 15 November 2023.
Because the landlord has substantially succeeded with the claim I have reimbursed 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 4684055 — net $1,029.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2023	$3,975.00	Rent arrears to 14 November 2023
Rent for 15 November 2023	$113.57	Rent for 15 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,029.01
Total payable by Tenant to Landlord	$1,029.01

Claims and awards for application 4684055 — net $1,029.01 NZD. Verify on MoJ.

Rent arrears to 14 November 2023

Amount: $3,975.00
Awarded to: Landlord
Reason: Rent arrears to 14 November 2023

Rent for 15 November 2023

Amount: $113.57
Awarded to: Landlord
Reason: Rent for 15 November 2023

Filing fee reimbursement

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

Net award

Landlord $1,029.01

Total payable by Tenant to Landlord

Landlord $1,029.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Robert McIlwraith-James and Sean James at 37 Mulberry Street, Maungaraki, Lower Hutt 5010 is terminated, and possession is granted to Peter Barron Family Trust, Castle Trustees Ltd As Trustees, at 11.59 pm on Wednesday 15 November 2023.
The Bond Centre is to pay the bond of $3,080.00 (5324265-004) to Peter Barron Family Trust, Castle Trustees Ltd As Trustees immediately.
Robert McIlwraith-James and Sean James must pay Peter Barron Family Trust, Castle Trustees Ltd As Trustees $1,029.01 immediately, calculated as shown in the table below:
The application filed by the tenants was withdrawn before the hearing.

Reasons

A corrected order has been issued because I am aware there were technical issues which mean the order could not be read properly or printed out correctly.
The content of the order and the reasons has not changed.
The landlord attended the hearing. The tenants advised the Tribunal that they would not be attending.
The landlord originally applied for an order for possession because of a 90 day notice served on the tenant to end the tenancy. This application is now moot because I can end the tenancy because of the overdue rent. As I said in the hearing, I am not required to decide an application which has become moot.
The landlord’s current application is for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

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. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy, on 15 November 2023.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4684055 — Rent arrears at 37 Mulberry Street, Maungaraki, Lower Hutt 5010

At a glance

Tenancy Tribunal case 4684055 — Rent arrears at 37 Mulberry Street, Maungaraki, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions