What was the outcome of Tenancy Tribunal case 4782262?

The tribunal order states: The tenancy of Don Sandra Tua at Unit/Flat 9B, 8 Scotia Place, Auckland

How much money was awarded in case 4782262?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,085.71 awarded to landlord

What type of tenancy dispute was case 4782262?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10041926-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4782262?

The tribunal order states: The tenancy of Don Sandra Tua at Unit/Flat 9B, 8 Scotia Place, Auckland

How much money was awarded in case 4782262?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,085.71 awarded to landlord

What type of tenancy dispute was case 4782262?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10041926-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland Tenancy Tribunal Case 4782262 — Rent arrears

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Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland Tenancy Tribunal Case 4782262 — 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 4782262 — net $1,106.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/02/2024	$1,085.71	Rent arrears to 12/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,106.15
Bond	$1,106.15
Total payable by Tenant to Landlord	$1,106.15

Claims and awards for application 4782262 — net $1,106.15 NZD. Verify on MoJ.

Rent arrears to 12/02/2024

Amount: $1,085.71
Awarded to: Landlord
Reason: Rent arrears to 12/02/2024

Filing fee reimbursement

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

Net award

Landlord $1,106.15

Bond

Landlord $1,106.15

Total payable by Tenant to Landlord

Landlord $1,106.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Don Sandra Tua at Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland 1010 is terminated, and possession is granted to Tuscancity Property Management Limited As Agent For Cameron W Leslie, at 11.59pm on Tuesday 12 February 2024.
The Bond Centre is to pay $1,106.15 from the bond of $1,560.00 (3435041- 013) to Tuscancity Property Management Limited As Agent For Cameron W Leslie immediately, calculated as shown in the table below.
The balance of the bond of $453.85 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided by the landlord but both calls were unanswered. The absence of a party does not prevent the hearing from proceeding. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent when it falls due.
The landlord served a 14-day notice on the tenant on 12 January 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant has a history of irregular rent payments which have been the subject of numerous 14-day breach notices and at least 4 applications to the Tenancy Tribunal. The amount of rent arrears owing has increased since the landlord’s application was filed. The tenant has not attended the hearing with a resolution.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse 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 4782262 — net $1,106.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/02/2024	$1,085.71	Rent arrears to 12/02/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,106.15
Bond	$1,106.15
Total payable by Tenant to Landlord	$1,106.15

Claims and awards for application 4782262 — net $1,106.15 NZD. Verify on MoJ.

Rent arrears to 12/02/2024

Amount: $1,085.71
Awarded to: Landlord
Reason: Rent arrears to 12/02/2024

Filing fee reimbursement

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

Net award

Landlord $1,106.15

Bond

Landlord $1,106.15

Total payable by Tenant to Landlord

Landlord $1,106.15

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Don Sandra Tua at Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland 1010 is terminated, and possession is granted to Tuscancity Property Management Limited As Agent For Cameron W Leslie, at 11.59pm on Tuesday 12 February 2024.
The Bond Centre is to pay $1,106.15 from the bond of $1,560.00 (3435041- 013) to Tuscancity Property Management Limited As Agent For Cameron W Leslie immediately, calculated as shown in the table below.
The balance of the bond of $453.85 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided by the landlord but both calls were unanswered. The absence of a party does not prevent the hearing from proceeding. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent when it falls due.
The landlord served a 14-day notice on the tenant on 12 January 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant has a history of irregular rent payments which have been the subject of numerous 14-day breach notices and at least 4 applications to the Tenancy Tribunal. The amount of rent arrears owing has increased since the landlord’s application was filed. The tenant has not attended the hearing with a resolution.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4782262 — Rent arrears at Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4782262 — Rent arrears at Unit/Flat 9B, 8 Scotia Place, Auckland Central, Auckland

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