How much money was awarded in case 4794610?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,157.14 awarded to landlord

What type of tenancy dispute was case 4794610?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4794610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10199478-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4794610?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,157.14 awarded to landlord

What type of tenancy dispute was case 4794610?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4794610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10199478-Tribunal_Order_Redacted.pdf.

23 Kinsman Street, Kaikorai, Dunedin 9010 Tenancy Tribunal Case 4794610 — Rent arrears

Q: What was Tenancy Tribunal case 4794610 about?

The tribunal order states: The tenancy of Zoe Kaye Mellon-Mains at 23 Kinsman Street, Kaikorai, Dunedin

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4794610 — net $8,377.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 April 2024	$10,157.14	Rent arrears to 12 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,377.58
Total payable by Tenant to Landlord	$8,377.58

The tenancy of Zoe Kaye Mellon-Mains at 23 Kinsman Street, Kaikorai, Dunedin 9010 is terminated, and possession is granted to [The landlord/s], at midday on the 12 April 2024.

I grant leave for the possession order to be enforced immediately on the grounds that there is a risk to the safety of the parties and a risk to the security of the property if enforcement is delayed.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Zoe Kaye Mellon-Mains must pay [The landlord/s] $8,377.58 immediately, calculated as shown in the table below:

Reasons

The landlord attended today’s hearing which was held by telephone. The tenant was called twice but both phone calls went to answerphone. Termination

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

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.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant has not paid any rent since the 30 October 2023. The tenant has claimed in correspondence that she is not paying rent because of the condition of the property. The tenant has not filed any claim in the Tribunal in respect of her allegations.

A tenant cannot unilaterally decide not to pay rent. If a tenant stops paying rent, then they are in breach of their obligations under both the Residential Tenancies Act and the tenancy agreement and termination and possession can be awarded to the landlord if the landlord applies for termination. Landlord can apply for immediate eviction order.

Usually, a possession order cannot be enforced (an eviction actioned) until 48 hours after the order is made. However, I can grant leave for the order to be enforced immediately; see section 138(1) of the District Court Act 2016. Section 106(2) RTA states that s 138(1) applies as if the reference to a District Court Judge, were a reference to a Tenancy Adjudicator.

The landlord may make an immediate application for an eviction warrant so as to have bailiff and/or police assistance to obtain possession, if required.

I am satisfied that an immediate application for an eviction warrant is necessary as the tenant has repeatedly refused to allow the landlord access to the property, has threatened to damage the property and has not paid any rent since 31 October 2023. Withdrawal of other claims.

The landlord had asked the Tribunal to make other orders. The landlord has withdrawn all other claims, as it is likely the landlord will file a claim for vacated damages and if any of those claims are still outstanding then they can be better dealt with in that application. Filing fee and name suppression.

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

Order

Claims and awards in Tenancy Tribunal application 4794610 — net $8,377.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 April 2024	$10,157.14	Rent arrears to 12 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,377.58
Total payable by Tenant to Landlord	$8,377.58

The tenancy of Zoe Kaye Mellon-Mains at 23 Kinsman Street, Kaikorai, Dunedin 9010 is terminated, and possession is granted to [The landlord/s], at midday on the 12 April 2024.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Zoe Kaye Mellon-Mains must pay [The landlord/s] $8,377.58 immediately, calculated as shown in the table below:

Reasons

The landlord attended today’s hearing which was held by telephone. The tenant was called twice but both phone calls went to answerphone. Termination

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

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.

The landlord may make an immediate application for an eviction warrant so as to have bailiff and/or police assistance to obtain possession, if required.

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

Tenancy Tribunal case 4794610 — Rent arrears at 23 Kinsman Street, Kaikorai, Dunedin 9010

At a glance

Tenancy Tribunal case 4794610 — Rent arrears at 23 Kinsman Street, Kaikorai, Dunedin 9010

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