What was Tenancy Tribunal case 4840201 about?

The tribunal order states: [The tenant/s] must pay Mission Property Management Limited as

How much money was awarded in case 4840201?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4653951 D…: $12,120.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4840201?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4840201?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10189468-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4840201 about?

The tribunal order states: [The tenant/s] must pay Mission Property Management Limited as

How much money was awarded in case 4840201?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4653951 D…: $12,120.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4840201?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4840201?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10189468-Tenancy_Tribunal_Order.pdf.

17 Maeneene Road, Wellsford, Wellsford 0975 Tenancy Tribunal Case 4840201 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4840201 — net $13,240.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Previous order application 4653951 dated 06/11/2023	$12,120.44	Previous order application 4653951 dated 06/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,240.88
Total payable by Tenant to Landlord	$13,240.88

[The tenant/s] must pay Mission Property Management Limited as Agent for Kenny Lee $13,240.88 immediately, being rent arrears to 6 December 2023, previous unpaid order, and reimbursing filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,100.00 Previous order application 4653951 dated 06/11/2023$12,120.44 Filing fee reimbursement$20.44 Total award$13,240.88 Total payable by Tenant to Landlord$13,240.88

The tenancy of [The tenant/s] at 17 Maeneene Road, Wellsford, is terminated immediately and possession is granted to the landlord effective immediately or by 11.59pm on 10 April 2024 at the latest.

For the sake of doubt this Order is effective against Mr Knauss and any other persons who are in possession of these premises and are now required to leave immediately.

Reasons

The landlord attended the hearing the tenant did not attend. The Tribunal rang the tenant on the mobile phone number provided in the application, but it was disconnected. Background:

There was a previous application relating to this tenancy and the parties, application number 4653951. That hearing was part heard on 26 September 2023 before Adjudicator S. Young.

Adjudicator Young ordered an adjournment to allow the tenant to pay the rent arrears. The tenant did not pay any rent arrears and the arrears had increased by a further $2828.57 by the time the matter was recalled on 1 November 2023.

On 1 November 2023 Adjudicator S. Young made an order terminating the tenancy, ordering that rent arrears of $14300.00 be paid , released the bond to the landlord and reimbursed the filing fee. That was application number 4653951.

After the release of the bond the outstanding debt remaining payable by the tenant to the landlord was $12120.44.

On 1 November 2023, the tenant applied for a rehearing on the grounds that: -The tenant’s offer to pay the arrears and to continue to pay rent were not considered. -That termination would be devastating for the resident of the premises.

The rehearing application was dismissed on the basis that there was no miscarriage of justice nor any procedural error. Furthermore because of the tenant’s failure to pay the rent arrears and no new evidence was provided that may alter the original decision.

The landlord, despite having a court order in his favour granting termination for rent arrears did not seek enforcement within the 90-day time frame.

The landlord was required to file a new application on 19 March 2024, which is before me.

The landlord has applied for immediate termination of the tenancy and possession to the landlord, payment of the Previous Order number 4653951, additional rent arrears and filing fee.

Rent arrears from the previous order remain unpaid by the tenant and I incorporated Order number 4653951 in this order. The total rent arrears after the bond were released is $12120.44.

The landlord is seeking to claim rent from the time of the previous order to today’s hearing. I am not granting the full amount of rent arrears to the landlord for the following reasons: -The original tenant has moved out of the premises sometime last year and the remaining tenants were friends of the original tenant Mr Knauss. The landlord knew that Mr Knauss had left the property and was living in the United States of America. -The landlord took no steps to seek enforcement of the termination nor the rent arrears through the District Court. -The landlord has waited 5 and a half months with the rent accruing against Mr Knauss without any attempt to mitigate their losses.

I am directing that the landlord be given an additional 2 weeks rent, which is $1100.00 for rent arrears in addition to the previous order , for the reasons stated above. Termination and Possession

The tenancy can be terminated for non-payment of rent. In S55(1) Residential Tenancies Act 1986 (RTA) it states that on any application made to the Tribunal by the landlord, that Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent at the date on which the application was filed is at least 21 days in arrears.

The tenancy of [The tenant/s] at 17 Maeneene Road, Wellsford is terminated immediately, and immediate possession is granted to the landlord by 11.59pm on Wednesday 10 th April 2024.

Because Mission Property Management Limited as Agent for Kenny Lee has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4840201 — net $13,240.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Previous order application 4653951 dated 06/11/2023	$12,120.44	Previous order application 4653951 dated 06/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,240.88
Total payable by Tenant to Landlord	$13,240.88

Order

[The tenant/s] must pay Mission Property Management Limited as Agent for Kenny Lee $13,240.88 immediately, being rent arrears to 6 December 2023, previous unpaid order, and reimbursing filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,100.00 Previous order application 4653951 dated 06/11/2023$12,120.44 Filing fee reimbursement$20.44 Total award$13,240.88 Total payable by Tenant to Landlord$13,240.88
The tenancy of [The tenant/s] at 17 Maeneene Road, Wellsford, is terminated immediately and possession is granted to the landlord effective immediately or by 11.59pm on 10 April 2024 at the latest.
For the sake of doubt this Order is effective against Mr Knauss and any other persons who are in possession of these premises and are now required to leave immediately.

Reasons

The landlord attended the hearing the tenant did not attend. The Tribunal rang the tenant on the mobile phone number provided in the application, but it was disconnected. Background:
There was a previous application relating to this tenancy and the parties, application number 4653951. That hearing was part heard on 26 September 2023 before Adjudicator S. Young.
Adjudicator Young ordered an adjournment to allow the tenant to pay the rent arrears. The tenant did not pay any rent arrears and the arrears had increased by a further $2828.57 by the time the matter was recalled on 1 November 2023.
On 1 November 2023 Adjudicator S. Young made an order terminating the tenancy, ordering that rent arrears of $14300.00 be paid , released the bond to the landlord and reimbursed the filing fee. That was application number 4653951.
After the release of the bond the outstanding debt remaining payable by the tenant to the landlord was $12120.44.
On 1 November 2023, the tenant applied for a rehearing on the grounds that: -The tenant’s offer to pay the arrears and to continue to pay rent were not considered. -That termination would be devastating for the resident of the premises.
The rehearing application was dismissed on the basis that there was no miscarriage of justice nor any procedural error. Furthermore because of the tenant’s failure to pay the rent arrears and no new evidence was provided that may alter the original decision.
The landlord, despite having a court order in his favour granting termination for rent arrears did not seek enforcement within the 90-day time frame.
The landlord was required to file a new application on 19 March 2024, which is before me.
The landlord has applied for immediate termination of the tenancy and possession to the landlord, payment of the Previous Order number 4653951, additional rent arrears and filing fee.
Rent arrears from the previous order remain unpaid by the tenant and I incorporated Order number 4653951 in this order. The total rent arrears after the bond were released is $12120.44.
The landlord is seeking to claim rent from the time of the previous order to today’s hearing. I am not granting the full amount of rent arrears to the landlord for the following reasons: -The original tenant has moved out of the premises sometime last year and the remaining tenants were friends of the original tenant Mr Knauss. The landlord knew that Mr Knauss had left the property and was living in the United States of America. -The landlord took no steps to seek enforcement of the termination nor the rent arrears through the District Court. -The landlord has waited 5 and a half months with the rent accruing against Mr Knauss without any attempt to mitigate their losses.
I am directing that the landlord be given an additional 2 weeks rent, which is $1100.00 for rent arrears in addition to the previous order , for the reasons stated above. Termination and Possession
The tenancy can be terminated for non-payment of rent. In S55(1) Residential Tenancies Act 1986 (RTA) it states that on any application made to the Tribunal by the landlord, that Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent at the date on which the application was filed is at least 21 days in arrears.
The tenancy of [The tenant/s] at 17 Maeneene Road, Wellsford is terminated immediately, and immediate possession is granted to the landlord by 11.59pm on Wednesday 10 th April 2024.
Because Mission Property Management Limited as Agent for Kenny Lee has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4840201 — Rent arrears at 17 Maeneene Road, Wellsford, Wellsford 0975

At a glance

Award balance

Tenancy Tribunal case 4840201 — Rent arrears at 17 Maeneene Road, Wellsford, Wellsford 0975

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions