What was the outcome of Tenancy Tribunal case 4698970?

The tribunal order states: The tenancy of Xaio Yi at 747 Remuera Road, Remuera, Auckland 1050 is

How much money was awarded in case 4698970?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,790.00 awarded to landlord

What type of tenancy dispute was case 4698970?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647754-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698970?

The tribunal order states: The tenancy of Xaio Yi at 747 Remuera Road, Remuera, Auckland 1050 is

How much money was awarded in case 4698970?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,790.00 awarded to landlord

What type of tenancy dispute was case 4698970?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647754-Tenancy_Tribunal_Order.pdf.

747 Remuera Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4698970 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4698970. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 November 2023	$2,790.00		Rent arrears to 15 November 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

The tenancy of Xaio Yi at 747 Remuera Road, Remuera, Auckland 1050 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Michael Kan, at 11.59 pm, Tuesday, 21 November 2023.

The Bond Centre is to pay the bond of $2,810.44 (3812417-001) to Barfoot & Thompson Limited As Agent For Michael Kan immediately, calculated as show in the table below.

The balance of the bond of $909.56 is to remain at the Bond Centre.

Reasons

At the outset, I must clarify that I am not the property owner or the landlord who shares the same name as me.

I declare that I am not related to the property owner and do not own the property at 747 Remuera Road, Remuera, Auckland 1050. Introduction

Mr Jador, the agent for the landlord attended the hearing remotely.

Mr Yi, the tenant, did not attend the hearing. The tenant emailed further information to the Remote Tenancy registry at 11.50 am today (15 November 2023). In the email, Mr YI said: “Sorry for late reply. My preferred contact phone number is 0273239393. Please see attached, there are some further information about my rent payment. Regards, Xiao Yi”

The further information the tenant referred to was confirmation of when rent arrears were paid and how much was paid. The tenant made two payments to the landlord. They were: a. $1,860 was paid to the agent’s account on 16 October 2023; and b. $6,510 was paid to the agent’s account today (15 November 2023).

I called the tenant’s “preferred contact number” on 0273239393 three times. All three calls went to the voicemail directly without ringing. I left a voicemail message when I was invited to do so.

I also called the tenant’s number stated on the landlord’s application form. Again, the call went to the voicemail straightaway without ringing. I left a voicemail message too.

I then decided the hearing would proceed in the tenant’s absence.

What is the landlord seeking?

I received evidence that the tenant paid the agent $6,510 about three hours before the hearing. According to Mr. Jador, this was not the first time the tenant handled the rent arrears this way.

Mr Jador would issue breach notices for non-payment of rent under section 56(1)(b) to the tenant. Breaches would be ignored until very late.

Based on the evidence before me and Mr Jador’s evidence, the sequence of events involving submitting a large lump-sum payment evidence to the Registry, providing a preferred cell number, and then failing to participate in the hearing seems suspicious to me.

With this background, the landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord provided rent records which prove the amount owing as of today (15 November 2023) is $9,300.

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 amount owing as of today is $2,790. This amount took into account the lump sum payment the tenant made today.

The amount owing today is equivalent to three weeks' rent or 21 days. Filing fee

Because Barfoot & Thompson Limited As Agent For Michael Kan has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4698970. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 November 2023	$2,790.00		Rent arrears to 15 November 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenancy of Xaio Yi at 747 Remuera Road, Remuera, Auckland 1050 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Michael Kan, at 11.59 pm, Tuesday, 21 November 2023.
The Bond Centre is to pay the bond of $2,810.44 (3812417-001) to Barfoot & Thompson Limited As Agent For Michael Kan immediately, calculated as show in the table below.
The balance of the bond of $909.56 is to remain at the Bond Centre.

Reasons

At the outset, I must clarify that I am not the property owner or the landlord who shares the same name as me.
I declare that I am not related to the property owner and do not own the property at 747 Remuera Road, Remuera, Auckland 1050. Introduction
Mr Jador, the agent for the landlord attended the hearing remotely.
Mr Yi, the tenant, did not attend the hearing. The tenant emailed further information to the Remote Tenancy registry at 11.50 am today (15 November 2023). In the email, Mr YI said: “Sorry for late reply. My preferred contact phone number is 0273239393. Please see attached, there are some further information about my rent payment. Regards, Xiao Yi”
The further information the tenant referred to was confirmation of when rent arrears were paid and how much was paid. The tenant made two payments to the landlord. They were: a. $1,860 was paid to the agent’s account on 16 October 2023; and b. $6,510 was paid to the agent’s account today (15 November 2023).
I called the tenant’s “preferred contact number” on 0273239393 three times. All three calls went to the voicemail directly without ringing. I left a voicemail message when I was invited to do so.
I also called the tenant’s number stated on the landlord’s application form. Again, the call went to the voicemail straightaway without ringing. I left a voicemail message too.
I then decided the hearing would proceed in the tenant’s absence.

What is the landlord seeking?

I received evidence that the tenant paid the agent $6,510 about three hours before the hearing. According to Mr. Jador, this was not the first time the tenant handled the rent arrears this way.
Mr Jador would issue breach notices for non-payment of rent under section 56(1)(b) to the tenant. Breaches would be ignored until very late.
Based on the evidence before me and Mr Jador’s evidence, the sequence of events involving submitting a large lump-sum payment evidence to the Registry, providing a preferred cell number, and then failing to participate in the hearing seems suspicious to me.
With this background, the landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord provided rent records which prove the amount owing as of today (15 November 2023) is $9,300.

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 amount owing as of today is $2,790. This amount took into account the lump sum payment the tenant made today.
The amount owing today is equivalent to three weeks' rent or 21 days. Filing fee
Because Barfoot & Thompson Limited As Agent For Michael Kan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4698970 — Rent arrears at 747 Remuera Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4698970 — Rent arrears at 747 Remuera Road, Remuera, Auckland 1050

At a glance

Claims & awards

Order

Reasons

What is the landlord seeking?

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

What is the landlord seeking?

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions