What was the outcome of Tenancy Tribunal case 4734840?

The tribunal order states: Hamish McKay and Sarah McKay owe Barfoot & Thompson Limited As Agent

How much money was awarded in case 4734840?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,200.00 awarded to landlord; Water Rates: $189.07 awarded to landlord

What type of tenancy dispute was case 4734840?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9821636-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734840?

The tribunal order states: Hamish McKay and Sarah McKay owe Barfoot & Thompson Limited As Agent

How much money was awarded in case 4734840?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,200.00 awarded to landlord; Water Rates: $189.07 awarded to landlord

What type of tenancy dispute was case 4734840?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4734840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9821636-Tenancy_Tribunal_Order.pdf.

123 St Heliers Bay Road, St Heliers, Auckland 1071 Tenancy Tribunal Case 4734840 — Rent arrears

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123 St Heliers Bay Road, St Heliers, Auckland 1071 Tenancy Tribunal Case 4734840 — 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 4734840 — net $11,409.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,200.00	Rent arrears
Water rates	$189.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,409.51
Total payable by Tenant to Landlord	$11,409.51

Claims and awards for application 4734840 — net $11,409.51 NZD. Verify on MoJ.

Rent arrears

Amount: $11,200.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $189.07
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $11,409.51

Total payable by Tenant to Landlord

Landlord $11,409.51

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Hamish McKay and Sarah McKay owe Barfoot & Thompson Limited As Agent For Ting, Liu $11,409.51 (“the debt”).
Hamish McKay and Sarah McKay must pay rent and the debt as follows: a. By 3 weekly payments of $1,600.00 for rent, with the first payment of rent being due on Thursday 11 January 2024 and weekly thereafter. b. A payment of $3,200.00 on Monday 15 January 2024 towards the debt. c. A final payment of $8,209.51 for the balance of the debt on Wednesday 31 January 2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 123 St Heliers Bay Road, St Heliers, Auckland 1071 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.The rent was in arrears by more than 21 days on the date that the application was filed.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The parties had agreed to a four week credit of rent to take into account the inconvenience of contractors being onsite at the premises. At the hearing, the tenant said that he had reconsidered the agreement and thought eight weeks was more appropriate. An agreement having been made, I do not consider that it was appropriate for the tenant to simply change his mind. Further, I note that no claim has been filed by the tenant with the Tribunal.
As Barfoot & Thompson Limited As Agent For Ting, Liu has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the tenant application for suppression is dismissed.

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 4734840 — net $11,409.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,200.00	Rent arrears
Water rates	$189.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,409.51
Total payable by Tenant to Landlord	$11,409.51

Claims and awards for application 4734840 — net $11,409.51 NZD. Verify on MoJ.

Rent arrears

Amount: $11,200.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $189.07
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $11,409.51

Total payable by Tenant to Landlord

Landlord $11,409.51

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Hamish McKay and Sarah McKay owe Barfoot & Thompson Limited As Agent For Ting, Liu $11,409.51 (“the debt”).
Hamish McKay and Sarah McKay must pay rent and the debt as follows: a. By 3 weekly payments of $1,600.00 for rent, with the first payment of rent being due on Thursday 11 January 2024 and weekly thereafter. b. A payment of $3,200.00 on Monday 15 January 2024 towards the debt. c. A final payment of $8,209.51 for the balance of the debt on Wednesday 31 January 2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 123 St Heliers Bay Road, St Heliers, Auckland 1071 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.The rent was in arrears by more than 21 days on the date that the application was filed.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The parties had agreed to a four week credit of rent to take into account the inconvenience of contractors being onsite at the premises. At the hearing, the tenant said that he had reconsidered the agreement and thought eight weeks was more appropriate. An agreement having been made, I do not consider that it was appropriate for the tenant to simply change his mind. Further, I note that no claim has been filed by the tenant with the Tribunal.
As Barfoot & Thompson Limited As Agent For Ting, Liu has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the tenant application for suppression is dismissed.

Tenancy Tribunal case 4734840 — Rent arrears at 123 St Heliers Bay Road, St Heliers, Auckland 1071

At a glance

Tenancy Tribunal case 4734840 — Rent arrears at 123 St Heliers Bay Road, St Heliers, Auckland 1071

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions