What was the outcome of Tenancy Tribunal case 4843322?

The tribunal order states: The tenancy of Rebecca Averill Eggers at 28 Cottonwood Street, Parklands,

How much money was awarded in case 4843322?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $721.43 awarded to landlord

What type of tenancy dispute was case 4843322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4843322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10307568-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4843322?

The tribunal order states: The tenancy of Rebecca Averill Eggers at 28 Cottonwood Street, Parklands,

How much money was awarded in case 4843322?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $721.43 awarded to landlord

What type of tenancy dispute was case 4843322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4843322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10307568-Tenancy_Tribunal_Order.pdf.

28 Cottonwood Street, Parklands, Christchurch 8083 Tenancy Tribunal Case 4843322 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4843322 — net $741.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2024	$721.43	Rent arrears to 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$741.87
Total payable by Tenant to Landlord	$741.87

The tenancy of Rebecca Averill Eggers at 28 Cottonwood Street, Parklands, Christchurch 8083 is terminated, and possession is granted to Accommodation Centre Limited As Agent For R Battersby, at the end of Wednesday 8 May 2024.

Rebecca Averill Eggers must pay $741.87 from the bond to the landlord immediately, calculated as shown in the table below:

The Bond Centre is to pay $741.87 from the bond of $$2,280.00 (3035970-010) to Accommodation Centre Limited As Agent For R Battersby immediately. The balance of the bond is to remain at the bond centre pending agreement of the parties or further order of the Tribunal.

The balance of the bond of $1,538.13 is to remain at the Bond Centre. DescriptionLandlord Rent arrears to 8 May 2024$721.43 Filing fee reimbursement$20.44 Total award$741.87 Amount paid from Bond$741.87

Reasons

The property manager, Mr Siebert, attended the hearing for Accommodation Centre Limited. The tenant was called on the number provided three times but the calls went to answerphone. The file records that the tenant has been sent notice of today’s hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, partial refund of the bond and reimbursement of the filing fee.

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 tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent due.

The landlord served a 14-day notice on the tenant on 2 February 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because: (a)The property manager advised that the tenant has been constantly in rent arrears as recorded in the rent summary. The last time the rent was not in some arrears was November 2023. (b)The property manager advised that the ongoing arrears are creating a continual struggle for the owner to find funds to pay their mortgage. (c)The property manager advised that attempts to resolve matters with the tenant have been unsuccessful as the tenant has been nonresponsive to communication. The property manager stated that when he did not get response to his communication, he went to the premises on 2 occasions but although others were at the premises the tenant was not there. (d)The property manager advised that the tenant did not respond to calls to attend mediation. (e)The tenant did not attend the hearing today. Rent arrears

The landlord provided an up to date rent summary to the Tribunal today and seeks payment of rent arrears in the sum of $721.43.

A partial bond refund is ordered to cover the amount ordered today. Filing fee

Because Accommodation Centre Limited As Agent For R Battersby has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4843322 — net $741.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2024	$721.43	Rent arrears to 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$741.87
Total payable by Tenant to Landlord	$741.87

Rebecca Averill Eggers must pay $741.87 from the bond to the landlord immediately, calculated as shown in the table below:

Reasons

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, partial refund of the bond and reimbursement of the filing fee.

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 tenant has breached their obligations by failing to pay rent due.

The landlord served a 14-day notice on the tenant on 2 February 2024, and the tenant did not remedy the breach within the required period.

The landlord provided an up to date rent summary to the Tribunal today and seeks payment of rent arrears in the sum of $721.43.

A partial bond refund is ordered to cover the amount ordered today. Filing fee

Because Accommodation Centre Limited As Agent For R Battersby has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4843322 — Rent arrears at 28 Cottonwood Street, Parklands, Christchurch 8083

At a glance

Tenancy Tribunal case 4843322 — Rent arrears at 28 Cottonwood Street, Parklands, Christchurch 8083

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