How much money was awarded in case 4809837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,082.57 awarded to landlord

What type of tenancy dispute was case 4809837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4809837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10124113-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4809837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,082.57 awarded to landlord

What type of tenancy dispute was case 4809837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4809837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10124113-Tribunal_Order_Redacted.pdf.

21 Bridge Street, Eketahuna, Eketahuna 4900 Tenancy Tribunal Case 4809837 — Rent arrears

Q: What was Tenancy Tribunal case 4809837 about?

The tribunal order states: The Tribunal orders suppression of the name and identifying details of the

Order

Claims and awards in Tenancy Tribunal application 4809837 — net $3,503.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Friday 22 March 2024	$5,082.57	Rent arrears to Friday 22 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,503.01
Total payable by Tenant to Landlord	$3,503.01

The Tribunal orders suppression of the name and identifying details of the landlord and [the landlord’s partner].

The tenancy of Shane McMahon at 21 Bridge Street, Eketahuna, Eketahuna 4900 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 5 April 2024.

The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Shane McMahon must pay [The landlord/s] $3,503.01 immediately, calculated as shown in the table below:

Shane McMahon must pay rent for the period between now and the date the tenancy ends, as follows: a. By a payment of $500.00 on Tuesday 26 March 2024, being rent for the period 23 March 2024 to 29 March 2024; and b. By a payment of $500.00 on Tuesday 2 April 2024, being rent for the period 30 March 2024 to 5 April 2024.

The payments Order in Order 4 are to be made to the landlord’s bank account [redacted].

If the tenant fails to make either of the payments in Order 4 on the due date, the tenancy at 21 Bridge Street, Eketahuna, 4900 will immediately terminate and the landlord will have possession of the premises.

The landlord will undertake an inspection of the premises at 1:00pm on Sunday 24 March 2024. It is agreed that [the landlord’s partner] will not be present.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy on the grounds that the rent was more than 21 days in arrears when the application was filed.

Termination was also sought on the grounds that the landlord was entitled to possession under a notice of termination issued to the tenant for an alleged assault on [the landlord’s partner].

The tenant accepts that no rent has been paid since 16 January 2024.

In terms of s. 55(1)(a) RTA the landlord is entitled to an order for termination.

The landlord seeks immediate termination. The tenant asks for some opportunity to find alternative accommodation for his family, which includes three children.

It would only be reasonable to consider deferring termination on terms that limit the risk of the rent debt increasing in the meantime. In the circumstances, have allowed two weeks for the termination to take effect, conditional on the tenant paying rent until then.

The rent debt calculated in Order 3 includes a sum of $600.00 which, in terms of the landlord’s rent summary, arises from a missed rent payment of $400.00 for the period 10 September 2022 to 16 September 2022 and a short payment of $200.00 for period 8 October 2022 to 14 October 2022.

The tenant queries whether those sums remain owed. On the basis of the evidence presented today, I am satisfied that the Order should include those sums. The tenant is however free to bring an application for reimbursement if he is able to provide evidence to prove that they are not owed.

I note that the tenant intends to bring a counterclaim concerning the events that led to the notice of termination being issued for the alleged assault on [the landlord’s partner].

I make it clear that it has only been necessary for me to consider the claim for rent arrears as grounds for termination of the tenancy. I have heard no evidence and made no findings regarding those other allegations, which can be heard by any adjudicator if a further claim is made.

As the landlord has succeeded with the application, I must reimburse the filing fee

Claims and awards in Tenancy Tribunal application 4809837 — net $3,503.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Friday 22 March 2024	$5,082.57	Rent arrears to Friday 22 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,503.01
Total payable by Tenant to Landlord	$3,503.01

Order

The Tribunal orders suppression of the name and identifying details of the landlord and [the landlord’s partner].
The tenancy of Shane McMahon at 21 Bridge Street, Eketahuna, Eketahuna 4900 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 5 April 2024.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Shane McMahon must pay [The landlord/s] $3,503.01 immediately, calculated as shown in the table below:
Shane McMahon must pay rent for the period between now and the date the tenancy ends, as follows: a. By a payment of $500.00 on Tuesday 26 March 2024, being rent for the period 23 March 2024 to 29 March 2024; and b. By a payment of $500.00 on Tuesday 2 April 2024, being rent for the period 30 March 2024 to 5 April 2024.
The payments Order in Order 4 are to be made to the landlord’s bank account [redacted].
If the tenant fails to make either of the payments in Order 4 on the due date, the tenancy at 21 Bridge Street, Eketahuna, 4900 will immediately terminate and the landlord will have possession of the premises.
The landlord will undertake an inspection of the premises at 1:00pm on Sunday 24 March 2024. It is agreed that [the landlord’s partner] will not be present.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy on the grounds that the rent was more than 21 days in arrears when the application was filed.
Termination was also sought on the grounds that the landlord was entitled to possession under a notice of termination issued to the tenant for an alleged assault on [the landlord’s partner].
The tenant accepts that no rent has been paid since 16 January 2024.
In terms of s. 55(1)(a) RTA the landlord is entitled to an order for termination.
The landlord seeks immediate termination. The tenant asks for some opportunity to find alternative accommodation for his family, which includes three children.
It would only be reasonable to consider deferring termination on terms that limit the risk of the rent debt increasing in the meantime. In the circumstances, have allowed two weeks for the termination to take effect, conditional on the tenant paying rent until then.
The rent debt calculated in Order 3 includes a sum of $600.00 which, in terms of the landlord’s rent summary, arises from a missed rent payment of $400.00 for the period 10 September 2022 to 16 September 2022 and a short payment of $200.00 for period 8 October 2022 to 14 October 2022.
The tenant queries whether those sums remain owed. On the basis of the evidence presented today, I am satisfied that the Order should include those sums. The tenant is however free to bring an application for reimbursement if he is able to provide evidence to prove that they are not owed.
I note that the tenant intends to bring a counterclaim concerning the events that led to the notice of termination being issued for the alleged assault on [the landlord’s partner].
I make it clear that it has only been necessary for me to consider the claim for rent arrears as grounds for termination of the tenancy. I have heard no evidence and made no findings regarding those other allegations, which can be heard by any adjudicator if a further claim is made.
As the landlord has succeeded with the application, I must reimburse the filing fee

Tenancy Tribunal case 4809837 — Rent arrears at 21 Bridge Street, Eketahuna, Eketahuna 4900

At a glance

Tenancy Tribunal case 4809837 — Rent arrears at 21 Bridge Street, Eketahuna, Eketahuna 4900

At a glance

Award balance

Claims & awards

Order

Reasons

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Award balance

Claims & awards

Order

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Topics & place

Key findings

Frequently asked questions