What was the outcome of Tenancy Tribunal case 4799877?

The tribunal order states: The tenancy of James Morrison and Shard Francis Hubband-Poka at Unit/Flat 1,

How much money was awarded in case 4799877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,961.63 awarded to landlord

What type of tenancy dispute was case 4799877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10268606-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4799877?

The tribunal order states: The tenancy of James Morrison and Shard Francis Hubband-Poka at Unit/Flat 1,

How much money was awarded in case 4799877?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,961.63 awarded to landlord

What type of tenancy dispute was case 4799877?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799877?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10268606-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland Tenancy Tribunal Case 4799877 — Rent arrears

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Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland Tenancy Tribunal Case 4799877 — 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 4799877 — net $2,844.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2024	$4,961.63	Rent arrears to 30 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,844.57
Total payable by Tenant to Landlord	$2,844.57

Claims and awards for application 4799877 — net $2,844.57 NZD. Verify on MoJ.

Rent arrears to 30 April 2024

Amount: $4,961.63
Awarded to: Landlord
Reason: Rent arrears to 30 April 2024

Filing fee reimbursement

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

Net award

Landlord $2,844.57

Total payable by Tenant to Landlord

Landlord $2,844.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of James Morrison and Shard Francis Hubband-Poka at Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland 0600 is terminated, and possession is granted to Silverfern Property Management Limited, immediately.
The Bond Centre is to pay the bond of $2,137.50 (6447972-010) to Silverfern Property Management Limited immediately.
James Morrison and Shard Francis Hubband-Poka must pay Silverfern Property Management Limited $2,844.57 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The tenant Shard Hubband-Poka was represented by Michelle Shortcliffe. The authority produced to the Tribunal was signed by Mr Hubband-Poka on 21 March 2024.
The tenant James Morrison did not attend the hearing. Tenants
There were originally three tenants in this tenancy. In September 2023 the third tenant withdrew from the tenancy by giving notice pursuant to section 56B Residential Tenancies Act 1986 which states; 1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) the notice is in the approved form and includes the prescribed information.
The landlord produced documents received from the third tenant which included a statutory declaration. The landlord accepted the notice from the third tenant, and he was released from the tenancy.
The tenant James Morrison had apparently not lived at the tenancy for some time. In March 2024 Mr Morrison made contact with the landlord and agreed to refund his share of the bond to cover the rent arrears owed. Mr Morrison provided the landlord with a signed bond refund form.
As Mr Morrison has not formally withdrawn from the tenancy this order is against both him and Mr Hubband-Poka. Landlord’s application
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
The remaining bond is released to the landlord to reduce the rent arrears owed.
Because Silverfern Property Management Limited has wholly succeeded with the claim I must 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 4799877 — net $2,844.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2024	$4,961.63	Rent arrears to 30 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,844.57
Total payable by Tenant to Landlord	$2,844.57

Claims and awards for application 4799877 — net $2,844.57 NZD. Verify on MoJ.

Rent arrears to 30 April 2024

Amount: $4,961.63
Awarded to: Landlord
Reason: Rent arrears to 30 April 2024

Filing fee reimbursement

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

Net award

Landlord $2,844.57

Total payable by Tenant to Landlord

Landlord $2,844.57

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of James Morrison and Shard Francis Hubband-Poka at Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland 0600 is terminated, and possession is granted to Silverfern Property Management Limited, immediately.
The Bond Centre is to pay the bond of $2,137.50 (6447972-010) to Silverfern Property Management Limited immediately.
James Morrison and Shard Francis Hubband-Poka must pay Silverfern Property Management Limited $2,844.57 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The tenant Shard Hubband-Poka was represented by Michelle Shortcliffe. The authority produced to the Tribunal was signed by Mr Hubband-Poka on 21 March 2024.
The tenant James Morrison did not attend the hearing. Tenants
There were originally three tenants in this tenancy. In September 2023 the third tenant withdrew from the tenancy by giving notice pursuant to section 56B Residential Tenancies Act 1986 which states; 1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) the notice is in the approved form and includes the prescribed information.
The landlord produced documents received from the third tenant which included a statutory declaration. The landlord accepted the notice from the third tenant, and he was released from the tenancy.
The tenant James Morrison had apparently not lived at the tenancy for some time. In March 2024 Mr Morrison made contact with the landlord and agreed to refund his share of the bond to cover the rent arrears owed. Mr Morrison provided the landlord with a signed bond refund form.
As Mr Morrison has not formally withdrawn from the tenancy this order is against both him and Mr Hubband-Poka. Landlord’s application
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
The remaining bond is released to the landlord to reduce the rent arrears owed.
Because Silverfern Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4799877 — Rent arrears at Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland

At a glance

Tenancy Tribunal case 4799877 — Rent arrears at Unit/Flat 1, 50 Kinross Street, Blockhouse Bay, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions