What was the outcome of Tenancy Tribunal case 4820741?

The tribunal order states: The tenancy of Liam O'Leary, Annabelle Lang and Ileana Lameta at 62

How much money was awarded in case 4820741?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,320.71 awarded to landlord

What type of tenancy dispute was case 4820741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10166136-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4820741?

The tribunal order states: The tenancy of Liam O'Leary, Annabelle Lang and Ileana Lameta at 62

How much money was awarded in case 4820741?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,320.71 awarded to landlord

What type of tenancy dispute was case 4820741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10166136-Tenancy_Tribunal_Order.pdf.

62 Gladstone Road, Dalmore, Dunedin 9010 Tenancy Tribunal Case 4820741 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4820741 — net $2,341.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,320.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,341.15
Total payable by Tenant to Landlord	$2,341.15

The tenancy of Liam O'Leary, Annabelle Lang and Ileana Lameta at 62 Gladstone Road, Dalmore, Dunedin 9010 is terminated as at 1 March 2024.

The landlord can enter into a new tenancy agreement with Annabelle Lang and Ileana Lameta and another tenant from the 2 March 2024.

Liam O'Leary, Annabelle Lang and Ileana Lameta must pay Edinburgh Realty Limited As Agent For Mitchell Cocking $2,341.15 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenants Annabelle Lang and Ileana Lameta attended. The tenant Liam O’Leary was telephoned twice but both calls went straight to answerphone.

Annabelle and Ileana have no authority to speak for Liam. They tell me that he left the property unexpectedly in November 2023 and they do not know his whereabouts. They tell me that it is because he has not paid his share of the rent that the rent has fallen into arrears.

Annabelle, Ileana and Liam are joint and severally liable for the rent. That means that if one of them does not pay they all are liable to the landlord. Therefore, even though Annabelle and Illena assure me that they have paid their share of the rent, they remain liable for Liam’s share.

Annabelle and Ileana have tried to find another flatmate but have only just found someone suitable.

The landlord wants to terminate the fixed term tenancy with Annabelle, Ileana and Liam as at 1 March 2024 so that it can enter into a new tenancy agreement with the new tenants Annabelle, Ileana and one other as 2 March 2024.

The landlord has applied for termination of the tenancy for breach of the tenants’ obligations of failing to pay rent.

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 tenants have failed to do so.

The tenants has breached their obligations by failing to pay rent on time. The landlord has given two 14-day notices to the tenants which have not been remedied (30 January and 20 February). I am satisfied that the tenancy of Annabelle, Ileana and Liam should be terminated as at the 1 March 2024. Annabelle and Ileana want me to do this as well.

The landlord has provided rent records which prove the amount of rent owing to that date.

Annabelle and Ileana are seeking payment of the rent owed by Liam in the Disputes Tribunal. This order should be provided by Annabelle and Ileana to the tribunal.

Because Edinburgh Realty Limited As Agent For Mitchell Cocking has wholly succeeded with the claim I must reimburse the filing fee.

I have not ordered that the rent arrears are paid from the bond. This is because Annabelle and Ileana are transferring the bond to their new tenancy with the landlord.

They accept that the bond that Liam paid to them was kept by them. They should use in the first instance that money to repay the landlord the rent owing.

Order

Claims and awards in Tenancy Tribunal application 4820741 — net $2,341.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,320.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,341.15
Total payable by Tenant to Landlord	$2,341.15

The tenancy of Liam O'Leary, Annabelle Lang and Ileana Lameta at 62 Gladstone Road, Dalmore, Dunedin 9010 is terminated as at 1 March 2024.

The landlord can enter into a new tenancy agreement with Annabelle Lang and Ileana Lameta and another tenant from the 2 March 2024.

Liam O'Leary, Annabelle Lang and Ileana Lameta must pay Edinburgh Realty Limited As Agent For Mitchell Cocking $2,341.15 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenants Annabelle Lang and Ileana Lameta attended. The tenant Liam O’Leary was telephoned twice but both calls went straight to answerphone.

Annabelle and Ileana have tried to find another flatmate but have only just found someone suitable.

The landlord has applied for termination of the tenancy for breach of the tenants’ obligations of failing to pay rent.

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.

The landlord has provided rent records which prove the amount of rent owing to that date.

Annabelle and Ileana are seeking payment of the rent owed by Liam in the Disputes Tribunal. This order should be provided by Annabelle and Ileana to the tribunal.

Because Edinburgh Realty Limited As Agent For Mitchell Cocking has wholly succeeded with the claim I must reimburse the filing fee.

I have not ordered that the rent arrears are paid from the bond. This is because Annabelle and Ileana are transferring the bond to their new tenancy with the landlord.

They accept that the bond that Liam paid to them was kept by them. They should use in the first instance that money to repay the landlord the rent owing.

Tenancy Tribunal case 4820741 — Rent arrears at 62 Gladstone Road, Dalmore, Dunedin 9010

At a glance

Tenancy Tribunal case 4820741 — Rent arrears at 62 Gladstone Road, Dalmore, Dunedin 9010

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