What was Tenancy Tribunal case 4777306 about?

The tribunal order states: The tenancy of Peng Chen and Xiaolian Hu at Unit/Flat Flat 26B, 16 Gore

How much money was awarded in case 4777306?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4777306?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090264-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4777306 about?

The tribunal order states: The tenancy of Peng Chen and Xiaolian Hu at Unit/Flat Flat 26B, 16 Gore

How much money was awarded in case 4777306?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4777306?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090264-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 26B, 16 Gore Street, Auckland Central, Tenancy Tribunal Case 4777306 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4777306 — net $920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.3.2024	$900.00	Rent arrears to 22.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$920.44
Total payable by Tenant to Landlord	$920.44

The tenancy of Peng Chen and Xiaolian Hu at Unit/Flat Flat 26B, 16 Gore Street, Auckland Central, Auckland 1010, The Oaks is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 22 March 2024.

Peng Chen and Xiaolian Hu must pay [The landlord/s] $920.44 immediately from the bond, calculated as shown in the table below:

The Bond Centre is to pay $920.44 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond of $1,379.56 is to remain at the Bond Centre.

Reasons

[The landlord’s representative/s] attended the hearing by teleconference on behalf of the landlord. Mr Chen, one of the tenants, also attended the hearing by teleconference. The phone number provided for the other tenant, Ms Hu, the last three digits being 548, was called and went to voicemail. Ms Hu was served. Mr Chen said he had authority to speak on Ms Hu’s behalf as she was busy at work.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord provided rent records which prove the amount owing in rent arrears to 13 March 2024, which was $1,980.00.

Mr Chen provided confirmation that he paid $1,890.00 on 14 March 2024 towards rent arrears. This meant the tenants were still in rent arrears as at 14 March 2024 in the amount of $180.00, which Mr Chen said he could also pay on the hearing date of 14 March 2024. Mr Chen wanted to remain in the tenancy. The landlord opposed a conditional termination order.

The Tribunal may make a conditional or final termination order. A conditional order can only be made if the Tribunal is satisfied that the tenant will pay the rent arrears within a time specified by the Tribunal and that it is unlikely the tenant will commit any further breach. See section 55(1A) Residential Tenancies Act 1986 (“RTA”).

The landlord said this has been the second Tribunal application for non- payment of rent and termination in relation to this tenancy. [The landlord’s representative/s] said it was agreed with the tenants several weeks ago that they would arrange for payment of rent in advance but that still had not occurred and they were still in arrears. [The landlord’s representative/s] pointed to a pattern of non-payment of rent by the tenants.

From the rent summary provided, I note that the tenants have a pattern of missing a number of weeks’ rent, and then paying a large amount towards arrears. Mr Chen said that his income from overseas has been delayed all these times. I note he has not taken action to address this since earlier multiple rent payment breaches.

I am not satisfied that a conditional termination order is appropriate as I do not believe the tenants will pay rent on time.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord proved the tenants owe $180.00 as at 14 March 2024. A further 8 days’ rent @ $90.00/day is payable from 15 March 2024 to 22 March 2024, for a sub-total of $720.00. Therefore, the tenants owe the landlord a total of $900.00 in rent to 22 March 2024, which is the end of the tenancy.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to pay $0.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond of $0.00 is to remain at the Bond Centre.

The landlord and the tenants requested name suppression. As the landlord has been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published.

As the tenants have not provided any reasons in the evidence given, as to why their interests outweigh the public interest in publishing their names, I do not order name suppression for the tenants. See section 95A(4) RTA.

Claims and awards in Tenancy Tribunal application 4777306 — net $920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.3.2024	$900.00	Rent arrears to 22.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$920.44
Total payable by Tenant to Landlord	$920.44

Order

The tenancy of Peng Chen and Xiaolian Hu at Unit/Flat Flat 26B, 16 Gore Street, Auckland Central, Auckland 1010, The Oaks is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 22 March 2024.
Peng Chen and Xiaolian Hu must pay [The landlord/s] $920.44 immediately from the bond, calculated as shown in the table below:
The Bond Centre is to pay $920.44 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $1,379.56 is to remain at the Bond Centre.

Reasons

[The landlord’s representative/s] attended the hearing by teleconference on behalf of the landlord. Mr Chen, one of the tenants, also attended the hearing by teleconference. The phone number provided for the other tenant, Ms Hu, the last three digits being 548, was called and went to voicemail. Ms Hu was served. Mr Chen said he had authority to speak on Ms Hu’s behalf as she was busy at work.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord provided rent records which prove the amount owing in rent arrears to 13 March 2024, which was $1,980.00.
Mr Chen provided confirmation that he paid $1,890.00 on 14 March 2024 towards rent arrears. This meant the tenants were still in rent arrears as at 14 March 2024 in the amount of $180.00, which Mr Chen said he could also pay on the hearing date of 14 March 2024. Mr Chen wanted to remain in the tenancy. The landlord opposed a conditional termination order.
The Tribunal may make a conditional or final termination order. A conditional order can only be made if the Tribunal is satisfied that the tenant will pay the rent arrears within a time specified by the Tribunal and that it is unlikely the tenant will commit any further breach. See section 55(1A) Residential Tenancies Act 1986 (“RTA”).
The landlord said this has been the second Tribunal application for non- payment of rent and termination in relation to this tenancy. [The landlord’s representative/s] said it was agreed with the tenants several weeks ago that they would arrange for payment of rent in advance but that still had not occurred and they were still in arrears. [The landlord’s representative/s] pointed to a pattern of non-payment of rent by the tenants.
From the rent summary provided, I note that the tenants have a pattern of missing a number of weeks’ rent, and then paying a large amount towards arrears. Mr Chen said that his income from overseas has been delayed all these times. I note he has not taken action to address this since earlier multiple rent payment breaches.
I am not satisfied that a conditional termination order is appropriate as I do not believe the tenants will pay rent on time.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The landlord proved the tenants owe $180.00 as at 14 March 2024. A further 8 days’ rent @ $90.00/day is payable from 15 March 2024 to 22 March 2024, for a sub-total of $720.00. Therefore, the tenants owe the landlord a total of $900.00 in rent to 22 March 2024, which is the end of the tenancy.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Bond Centre is to pay $0.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $0.00 is to remain at the Bond Centre.
The landlord and the tenants requested name suppression. As the landlord has been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published.
As the tenants have not provided any reasons in the evidence given, as to why their interests outweigh the public interest in publishing their names, I do not order name suppression for the tenants. See section 95A(4) RTA.

Tenancy Tribunal case 4777306 — Rent arrears at Unit/Flat Flat 26B, 16 Gore Street, Auckland Central,

At a glance

Tenancy Tribunal case 4777306 — Rent arrears at Unit/Flat Flat 26B, 16 Gore Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions