How much money was awarded in case 4742869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord

What type of tenancy dispute was case 4742869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4742869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9851876-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4742869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord

What type of tenancy dispute was case 4742869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4742869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9851876-Tenancy_Tribunal_Order.pdf.

35 Harris Street, Ngongotaha, Rotorua 3010 Tenancy Tribunal Case 4742869 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4742869?

The tribunal order states: The tenancy of Chazity Heremaia, Bianca Maaka and Blair Heremaia at 35 Harris

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Order

Claims and awards in Tenancy Tribunal application 4742869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as of 19 January 2024	$1,740.00		Rent arrears as of 19 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

The tenancy of Chazity Heremaia, Bianca Maaka and Blair Heremaia at 35 Harris Street, Ngongotaha, Rotorua 3010 is terminated, and possession is granted to J C Realty Limited T/A: Central City Rentals, at 9:00am on 19 January 2024.

Chazity Heremaia, Bianca Maaka and Blair Heremaia to pay J C Realty Limited the sum of $1,760.44 immediately, calculated as follows: DescriptionLandlord Rent arrears as of 19 January 2024$1,740.00 Filing fee reimbursement$20.44 Total award$1,760.44

Reasons

The landlord attended the hearing, but only one tenant could be contacted for the telephone hearing.

The landlord has applied for termination of the tenancy due to rent arrears, and an order the rent be paid.

The tenant does not dispute that the rent arrears, as set out in the rent summary, is correct. I accept that amount is owed by the tenants, so is ordered to be paid in full immediately.

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 as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.

I note however that the tenant says she has had approved a payment to clear the arrears, and she wishes to stay in the tenancy. As is normally the case, the property manager represents the owner of the premises, and ultimately implements the owners instructions. Given that the property manage will speak with the landlord as to whether possession of the tenancy will be required, I will not make an order for the release of the bond held in the Bond Centre. Ultimately if the landlord requires possession to return, then the landlord can apply to the Bond Centre for the release of the bond to cover the arrears I have established above.

Order

Claims and awards in Tenancy Tribunal application 4742869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as of 19 January 2024	$1,740.00		Rent arrears as of 19 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Reasons

The landlord attended the hearing, but only one tenant could be contacted for the telephone hearing.

The landlord has applied for termination of the tenancy due to rent arrears, and an order the rent be paid.

The tenant does not dispute that the rent arrears, as set out in the rent summary, is correct. I accept that amount is owed by the tenants, so is ordered to be paid in full immediately.

Should the tenancy be terminated?

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.

Tenancy Tribunal case 4742869 — Rent arrears at 35 Harris Street, Ngongotaha, Rotorua 3010

At a glance

Tenancy Tribunal case 4742869 — Rent arrears at 35 Harris Street, Ngongotaha, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions