What was the outcome of Tenancy Tribunal case 4711570?

The tribunal order states: The tenancy of Heta Clark at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland

How much money was awarded in case 4711570?

Filing Fee: $20.44 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rent Arrears: $2,270.00 awarded to landlord; Water Rates: $420.24 awarded to landlord

What type of tenancy dispute was case 4711570?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4711570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9957681-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4711570?

The tribunal order states: The tenancy of Heta Clark at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland

How much money was awarded in case 4711570?

Filing Fee: $20.44 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rent Arrears: $2,270.00 awarded to landlord; Water Rates: $420.24 awarded to landlord

What type of tenancy dispute was case 4711570?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4711570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9957681-Tribunal_Order.pdf.

Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4711570 — Rent arrears

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Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4711570 — 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 4711570 — net $2,170.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/2/24	$2,270.00	Rent arrears to 15/2/24
Window repairs	$700.00	Window repairs
Outstanding water rates to invoice 31/1/24	$420.24	11. The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,170.68
Total payable by Tenant to Landlord	$2,170.68

Claims and awards for application 4711570 — net $2,170.68 NZD. Verify on MoJ.

Rent arrears to 15/2/24

Amount: $2,270.00
Awarded to: Landlord
Reason: Rent arrears to 15/2/24

Window repairs

Amount: $700.00
Awarded to: Landlord
Reason: Window repairs

Outstanding water rates to invoice 31/1/24

Amount: $420.24
Awarded to: Landlord
Reason: 11. The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.

Filing fee reimbursement

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

Net award

Landlord $2,170.68

Total payable by Tenant to Landlord

Landlord $2,170.68

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Heta Clark at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Reliable Rental Management Limited as Agent for Manohar Singh, at 11:59pm on Sunday 31 March 2024.
The tenant may terminate the tenancy earlier on giving 24 hours’ notice to the landlord.
The Bond Centre is to pay the bond of $1,240.00 (5507629-011) to Reliable Rental Management Limited as Agent for Manohar Singh immediately.
Heta Clark must pay Reliable Rental Management Limited as Agent for Manohar Singh $2,170.68 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for termination of the tenancy on the basis that a 90 day notice of termination was issued on 12th of July 2023, terminating the tenancy on 10th October 2023, and also for rent arrears.
The 90 day termination notice was issued under section 51(2)(f). It appears on its face to be validly issued and there is no evidence to the contrary.
On 8 September 2023 the landlord issued the tenant with a 14 day notice for rent arrears. That notice has not been complied with. The rent summary provided by the landlord today proves that the rent is currently more than 21 days in arrears.
Those arrears appear to have accrued mainly because the tenant has not increased her rental payments in line with a notice of rent increase a given on 17 May 2023, effective 21 July 2023. The notice even rent increase appears on its face to be valid and the property manager’s evidence is that it was delivered to the tenancy address. There is no evidence to challenge the validity of that notice and I find the rent arrears proved.

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.
On the basis that a valid notice of termination has been served and also due to the extent of the rent arrears at the date of today's hearing the landlord is entitled to an order terminating the tenancy.
In terms of an understanding reached with the tenant, the landlord agrees that the termination should not be given effect until 31st March 2024 and that the tenant may end her tenancy earlier, on giving 24 hours’ notice.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.
Photographs have been provided showing broken windows at the premises which the tenant is responsible for. The landlord also provided evidence of the costs incurred by the landlord to have the windows repaired which the landlord is entitled to have reimbursed.
the landlord has requested a payment of the bond. Because the amount owed by the tenant exceeds the amount of the bond held, the landlord is entitled to have the debt reduced out of the bond.
Because Reliable Rental Management Limited as Agent for Manohar Singh has succeeded with the claim I must 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 4711570 — net $2,170.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/2/24	$2,270.00	Rent arrears to 15/2/24
Window repairs	$700.00	Window repairs
Outstanding water rates to invoice 31/1/24	$420.24	11. The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,170.68
Total payable by Tenant to Landlord	$2,170.68

Claims and awards for application 4711570 — net $2,170.68 NZD. Verify on MoJ.

Rent arrears to 15/2/24

Amount: $2,270.00
Awarded to: Landlord
Reason: Rent arrears to 15/2/24

Window repairs

Amount: $700.00
Awarded to: Landlord
Reason: Window repairs

Outstanding water rates to invoice 31/1/24

Amount: $420.24
Awarded to: Landlord
Reason: 11. The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.

Filing fee reimbursement

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

Net award

Landlord $2,170.68

Total payable by Tenant to Landlord

Landlord $2,170.68

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

The tenancy of Heta Clark at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Reliable Rental Management Limited as Agent for Manohar Singh, at 11:59pm on Sunday 31 March 2024.
The tenant may terminate the tenancy earlier on giving 24 hours’ notice to the landlord.
The Bond Centre is to pay the bond of $1,240.00 (5507629-011) to Reliable Rental Management Limited as Agent for Manohar Singh immediately.
Heta Clark must pay Reliable Rental Management Limited as Agent for Manohar Singh $2,170.68 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for termination of the tenancy on the basis that a 90 day notice of termination was issued on 12th of July 2023, terminating the tenancy on 10th October 2023, and also for rent arrears.
The 90 day termination notice was issued under section 51(2)(f). It appears on its face to be validly issued and there is no evidence to the contrary.
On 8 September 2023 the landlord issued the tenant with a 14 day notice for rent arrears. That notice has not been complied with. The rent summary provided by the landlord today proves that the rent is currently more than 21 days in arrears.
Those arrears appear to have accrued mainly because the tenant has not increased her rental payments in line with a notice of rent increase a given on 17 May 2023, effective 21 July 2023. The notice even rent increase appears on its face to be valid and the property manager’s evidence is that it was delivered to the tenancy address. There is no evidence to challenge the validity of that notice and I find the rent arrears proved.

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.
On the basis that a valid notice of termination has been served and also due to the extent of the rent arrears at the date of today's hearing the landlord is entitled to an order terminating the tenancy.
In terms of an understanding reached with the tenant, the landlord agrees that the termination should not be given effect until 31st March 2024 and that the tenant may end her tenancy earlier, on giving 24 hours’ notice.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
The landlord also provided the tenancy ledger and supporting Watercare invoices, which satisfy me that the water rates arrears claimed are outstanding.
Photographs have been provided showing broken windows at the premises which the tenant is responsible for. The landlord also provided evidence of the costs incurred by the landlord to have the windows repaired which the landlord is entitled to have reimbursed.
the landlord has requested a payment of the bond. Because the amount owed by the tenant exceeds the amount of the bond held, the landlord is entitled to have the debt reduced out of the bond.
Because Reliable Rental Management Limited as Agent for Manohar Singh has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4711570 — Rent arrears at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4711570 — Rent arrears at Unit/Flat 3, 84 Princes Street, Otahuhu, Auckland 1062

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