What was Tenancy Tribunal case 4796311 about?

The tribunal order states: The tenancy of SalyAnne Elizabeth Gregory at Unit/Flat 1, 12 Harbour View

How much money was awarded in case 4796311?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,771.40 awarded to landlord

What type of tenancy dispute was case 4796311?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10075928-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4796311 about?

The tribunal order states: The tenancy of SalyAnne Elizabeth Gregory at Unit/Flat 1, 12 Harbour View

How much money was awarded in case 4796311?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,771.40 awarded to landlord

What type of tenancy dispute was case 4796311?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10075928-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 12 Harbour View Terrace, Onehunga, Auckland Tenancy Tribunal Case 4796311 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4796311 — net $2,791.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.4.2024	$2,771.40	Rent arrears to 2.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,791.84
Total payable by Tenant to Landlord	$2,791.84

The tenancy of SalyAnne Elizabeth Gregory at Unit/Flat 1, 12 Harbour View Terrace, Onehunga, Auckland 1061 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Tuesday 2 April 2024.

SalyAnne Elizabeth Gregory must pay [The landlord/s] $2,791.84 immediately, calculated as shown in the table below:

Reasons

[The landlord/s] attended the teleconference hearing. There was some initial difficulty in reaching Ms Gregory but eventually she was joined to the teleconference hearing also.

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

Ms Gregory, the tenant, wanted a chance to arrange for WINZ to pay the rent arrears. [The landlord/s] did not wish the tenancy to continue and opposed a conditional termination order.

The Tribunal can make a full or conditional termination order. To make a conditional termination order, the Tribunal must be satisfied that the rent will be paid within a time specified by the Tribunal and that it is unlikely the tenant will not commit any further rent arrears breaches. See section 55(1A) Residential Tenancies Act 1986 (“RTA”).

Given rent payments were missed for about 5 separate weeks and that the tenant had from 31 January 2024, when the application was filed, to arrange for payment of rent arrears to the landlord, but has not done so, I am not satisfied that the grounds are made out for a conditional termination order.

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 tenant said she believed the rent was $500.00 and that she was paying an extra $50.00 per week towards the bond. The landlord disputed this and said the rent was $550.00/week, and that the parties had agreed the tenant could pay the bond in installments of an extra $50.00/week on top of the rent of $550.00 per week. I note the parties both signed a Tenancy Agreement which sets out the weekly rent agreed at $550.00. The landlord said he only received $100.00 in total towards the bond but has instead put that towards the tenant’s rent arrears and that is accounted for in his rent summary.

The landlord provided rent records which prove the amount owing to 13 March 2024, which is $1,200.00. The tenant agreed this is likely the rent arrears amount owing. Weekly rent is $550.00, as per the Tenancy Agreement, so daily rent is $78.57. A further 20 days’ rent @ $78.57/day is payable from 14 March 2024 to 2 April 2024, for a sub-total of $1,571.40. Therefore, the tenant owes the landlord a total of $2,771.40 in rent to 2 April 2024, which is the end of the tenancy.

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

The landlord requested name suppression. As he has been successful with the claim, the landlord is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A RTA.

Order

Claims and awards in Tenancy Tribunal application 4796311 — net $2,791.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.4.2024	$2,771.40	Rent arrears to 2.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,791.84
Total payable by Tenant to Landlord	$2,791.84

SalyAnne Elizabeth Gregory must pay [The landlord/s] $2,791.84 immediately, calculated as shown in the table below:

Reasons

[The landlord/s] attended the teleconference hearing. There was some initial difficulty in reaching Ms Gregory but eventually she was joined to the teleconference hearing also.

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

Ms Gregory, the tenant, wanted a chance to arrange for WINZ to pay the rent arrears. [The landlord/s] did not wish the tenancy to continue and opposed a conditional termination order.

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.

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

Tenancy Tribunal case 4796311 — Rent arrears at Unit/Flat 1, 12 Harbour View Terrace, Onehunga, Auckland

At a glance

Tenancy Tribunal case 4796311 — Rent arrears at Unit/Flat 1, 12 Harbour View Terrace, Onehunga, Auckland

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