What was Tenancy Tribunal case 4757354 about?

The tribunal order states: Francois Hoinville and Liam Quinlivan owes [The landlord/s] $635.00 (“the

How much money was awarded in case 4757354?

Filing Fee: $20.44 awarded to landlord; Futile Fee: $195.50 awarded to landlord; Rent Arrears: $419.06 awarded to landlord

What type of tenancy dispute was case 4757354?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4757354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903361-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4757354 about?

The tribunal order states: Francois Hoinville and Liam Quinlivan owes [The landlord/s] $635.00 (“the

How much money was awarded in case 4757354?

Filing Fee: $20.44 awarded to landlord; Futile Fee: $195.50 awarded to landlord; Rent Arrears: $419.06 awarded to landlord

What type of tenancy dispute was case 4757354?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4757354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9903361-Tribunal_Order_Redacted.pdf.

Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614 Tenancy Tribunal Case 4757354 — Rent arrears

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Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614 Tenancy Tribunal Case 4757354 — 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 4757354 — net $635.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$419.06	Rent arrears
Futile fee	$195.50	Futile fee
__________________________________________________________________________________ 47573542 Filing fee reimbursement	$20.44	__________________________________________________________________________________ 47573542 Filing fee reimbursement
Net award	$635.00
Total payable by Tenant to Landlord	$635.00

Claims and awards for application 4757354 — net $635.00 NZD. Verify on MoJ.

Rent arrears

Amount: $419.06
Awarded to: Landlord
Reason: Rent arrears

Futile fee

Amount: $195.50
Awarded to: Landlord
Reason: Futile fee

__________________________________________________________________________________ 47573542 Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: __________________________________________________________________________________ 47573542 Filing fee reimbursement

Net award

Landlord $635.00

Total payable by Tenant to Landlord

Landlord $635.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Francois Hoinville and Liam Quinlivan owes [The landlord/s] $635.00 (“the debt”).
Francois Hoinville and Liam Quinlivan must pay the debt as follows: a. By 2 weekly payments of $250.00 for the debt. b. A final payment of $135.00 for the debt. c. Payments will be every Monday, with the first payment on 05/02/2024 and continuing until 19/02/2024.
If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614 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 the hearing. Mr Hoinville attended by telephone and represented he and Mr Quinlivan.
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.
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 landlord had also applied for costs related to damage and cleaning required. These claims were withdrawn as the tenant had carried out repairs and cleaning.
Because [The applicant/s] 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 4757354 — net $635.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$419.06	Rent arrears
Futile fee	$195.50	Futile fee
__________________________________________________________________________________ 47573542 Filing fee reimbursement	$20.44	__________________________________________________________________________________ 47573542 Filing fee reimbursement
Net award	$635.00
Total payable by Tenant to Landlord	$635.00

Claims and awards for application 4757354 — net $635.00 NZD. Verify on MoJ.

Rent arrears

Amount: $419.06
Awarded to: Landlord
Reason: Rent arrears

Futile fee

Amount: $195.50
Awarded to: Landlord
Reason: Futile fee

__________________________________________________________________________________ 47573542 Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: __________________________________________________________________________________ 47573542 Filing fee reimbursement

Net award

Landlord $635.00

Total payable by Tenant to Landlord

Landlord $635.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Francois Hoinville and Liam Quinlivan owes [The landlord/s] $635.00 (“the debt”).
Francois Hoinville and Liam Quinlivan must pay the debt as follows: a. By 2 weekly payments of $250.00 for the debt. b. A final payment of $135.00 for the debt. c. Payments will be every Monday, with the first payment on 05/02/2024 and continuing until 19/02/2024.
If the tenant fails to pay the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614 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 the hearing. Mr Hoinville attended by telephone and represented he and Mr Quinlivan.
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.
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 landlord had also applied for costs related to damage and cleaning required. These claims were withdrawn as the tenant had carried out repairs and cleaning.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4757354 — Rent arrears at Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614

At a glance

Tenancy Tribunal case 4757354 — Rent arrears at Unit/Flat 14, 28 Westgate Drive, Westgate, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions