What was the outcome of Tenancy Tribunal case 4734190?

The tribunal order states: Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson

How much money was awarded in case 4734190?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $474.29 awarded to landlord; Water Rates: $206.55 awarded to landlord

What type of tenancy dispute was case 4734190?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734190?

The tribunal order states: Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson

How much money was awarded in case 4734190?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $474.29 awarded to landlord; Water Rates: $206.55 awarded to landlord

What type of tenancy dispute was case 4734190?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856457-Tenancy_Tribunal_Order.pdf.

361 Chapel Road, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4734190 — Rent arrears

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361 Chapel Road, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4734190 — 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 4734190 — net $701.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$474.29	Rent arrears
Water rates	$206.55	Water rates
Filing fee	$20.44	Filing fee
Net award	$701.28
Total payable by Tenant to Landlord	$701.28

Claims and awards for application 4734190 — net $701.28 NZD. Verify on MoJ.

Rent arrears

Amount: $474.29
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $206.55
Awarded to: Landlord
Reason: Water rates

Filing fee

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

Net award

Landlord $701.28

Total payable by Tenant to Landlord

Landlord $701.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson Limited - Highland Park As Agent For Huang, Xiarong $701.28 immediately, being rent arrears to 19 January 2024 and water rates, as set out in the table below.
The landlord’s application for termination is dismissed.

Reasons

The landlord attended the hearing the hearing. Three attempts to contact the tenant were unsuccsessful.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant, and the application to the Tribunal was made within 28 days of the date of the third notice. However, the first notice, sent on 11 September 2023 did not advise the tenant the dates for which the rent was overdue or the right to make an application to the Tribunal challenging the notice. Therefore the requirements of section 50(1)(aa) have not been fully complied with and so I declined to terminate under that section.
The rent summary shows that the tenant has repeatedly been late paying rent and has been issued with several 14-day notices to remedy. The rent has been remedied within the 14-day period and so I may not terminate under section 56.
The landlord advised that in December the tenant did not comply with a 14 day notice, paying the rent on the 17th day. Because this occurred after the application was filed and was not included in the information before the Tribunal, I did not consider this. The landlord may wish to file a further application for termination on the basis of this breach.
The landlord provided rent records which prove the arrears owing at today’s date and an unpaid water rates invoice showing that at 3 January 2024 the water rates were in arrears by $141.92 and the total amount due was $206.55. That amount is ordered.
Because Barfoot & Thompson Limited - Highland Park As Agent For Huang, Xiarong 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 4734190 — net $701.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$474.29	Rent arrears
Water rates	$206.55	Water rates
Filing fee	$20.44	Filing fee
Net award	$701.28
Total payable by Tenant to Landlord	$701.28

Claims and awards for application 4734190 — net $701.28 NZD. Verify on MoJ.

Rent arrears

Amount: $474.29
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $206.55
Awarded to: Landlord
Reason: Water rates

Filing fee

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

Net award

Landlord $701.28

Total payable by Tenant to Landlord

Landlord $701.28

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson Limited - Highland Park As Agent For Huang, Xiarong $701.28 immediately, being rent arrears to 19 January 2024 and water rates, as set out in the table below.
The landlord’s application for termination is dismissed.

Reasons

The landlord attended the hearing the hearing. Three attempts to contact the tenant were unsuccsessful.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant, and the application to the Tribunal was made within 28 days of the date of the third notice. However, the first notice, sent on 11 September 2023 did not advise the tenant the dates for which the rent was overdue or the right to make an application to the Tribunal challenging the notice. Therefore the requirements of section 50(1)(aa) have not been fully complied with and so I declined to terminate under that section.
The rent summary shows that the tenant has repeatedly been late paying rent and has been issued with several 14-day notices to remedy. The rent has been remedied within the 14-day period and so I may not terminate under section 56.
The landlord advised that in December the tenant did not comply with a 14 day notice, paying the rent on the 17th day. Because this occurred after the application was filed and was not included in the information before the Tribunal, I did not consider this. The landlord may wish to file a further application for termination on the basis of this breach.
The landlord provided rent records which prove the arrears owing at today’s date and an unpaid water rates invoice showing that at 3 January 2024 the water rates were in arrears by $141.92 and the total amount due was $206.55. That amount is ordered.
Because Barfoot & Thompson Limited - Highland Park As Agent For Huang, Xiarong has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4734190 — Rent arrears at 361 Chapel Road, East Tamaki, Auckland 2016

At a glance

Tenancy Tribunal case 4734190 — Rent arrears at 361 Chapel Road, East Tamaki, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions