What was Tenancy Tribunal case 4846443 about?

The tribunal order states: The tenancy of at

How much money was awarded in case 4846443?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $673.00 awarded to landlord

What type of tenancy dispute was case 4846443?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10406523-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4846443 about?

The tribunal order states: The tenancy of at

How much money was awarded in case 4846443?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $673.00 awarded to landlord

What type of tenancy dispute was case 4846443?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10406523-Tribunal_Order_Redacted.pdf.

314 Lincoln Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4846443 — Rent arrears

Tenantcheck Insights

314 Lincoln Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4846443 — 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 4846443 — net $693.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2024	$673.00	Rent arrears to 31 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$693.44
Total payable by Tenant to Landlord	$693.44

Claims and awards for application 4846443 — net $693.44 NZD. Verify on MoJ.

Rent arrears to 31 May 2024

Amount: $673.00
Awarded to: Landlord
Reason: Rent arrears to 31 May 2024

Filing fee reimbursement

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

Net award

Landlord $693.44

Total payable by Tenant to Landlord

Landlord $693.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of at is terminated, and possession is granted to , at 11.59 pm on Wednesday 5 June 2024. 2.

Reasons

The landlord attended the hearing; the tenant did not attend. I am satisfied the tenant was properly served notice of the hearing, and I therefore conducted the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy and rent arrears.
The application was filed on 26 March 2024. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (the “RTA”).
The landlord provided rent records which prove the amount owing as of today’s date is $673.00. Breach of the tenant’s obligations
The landlord also applied for termination of the tenancy for breach of the tenant’s obligations.
For the sake of completeness, I will address this application also.
The landlord has a statutory right of entry to inspect a premises by virtue of the RTA, section 48(2).
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 landlord made an application to the Tribunal under this section in late 2023 and the matter came before me on 12 January 2024. I declined to order termination as I considered that an excessive penalty for not allowing a landlord entry to conduct a routine inspection. Instead I ordered the tenant to allow the landlord to enter the premises for the routine inspection on 18 January 2024, and if that was not complied with, on 01 February 2024.
The tenant has not complied with those orders.
The landlord served 14-day notices on the tenant on 01 February 2024 and on 28 February 2024 to remedy the breach of not allowing the landlord entry to conduct an inspection of the premises. On 17 April 2024 the landlord attended again and was again denied entry.
In the circumstances it would be inequitable to refuse to terminate the tenancy: the tenant has been given repeated opportunities to comply with their lawful responsibilities, and having refused to do so, there is little else that can be done to allow the landlord to fulfil their responsibilities.
However, as the tenancy is being terminated for rent arrears, no order for termination under section 56 is required.
Because 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 4846443 — net $693.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2024	$673.00	Rent arrears to 31 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$693.44
Total payable by Tenant to Landlord	$693.44

Claims and awards for application 4846443 — net $693.44 NZD. Verify on MoJ.

Rent arrears to 31 May 2024

Amount: $673.00
Awarded to: Landlord
Reason: Rent arrears to 31 May 2024

Filing fee reimbursement

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

Net award

Landlord $693.44

Total payable by Tenant to Landlord

Landlord $693.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of at is terminated, and possession is granted to , at 11.59 pm on Wednesday 5 June 2024. 2.

Reasons

The landlord attended the hearing; the tenant did not attend. I am satisfied the tenant was properly served notice of the hearing, and I therefore conducted the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy and rent arrears.
The application was filed on 26 March 2024. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (the “RTA”).
The landlord provided rent records which prove the amount owing as of today’s date is $673.00. Breach of the tenant’s obligations
The landlord also applied for termination of the tenancy for breach of the tenant’s obligations.
For the sake of completeness, I will address this application also.
The landlord has a statutory right of entry to inspect a premises by virtue of the RTA, section 48(2).
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 landlord made an application to the Tribunal under this section in late 2023 and the matter came before me on 12 January 2024. I declined to order termination as I considered that an excessive penalty for not allowing a landlord entry to conduct a routine inspection. Instead I ordered the tenant to allow the landlord to enter the premises for the routine inspection on 18 January 2024, and if that was not complied with, on 01 February 2024.
The tenant has not complied with those orders.
The landlord served 14-day notices on the tenant on 01 February 2024 and on 28 February 2024 to remedy the breach of not allowing the landlord entry to conduct an inspection of the premises. On 17 April 2024 the landlord attended again and was again denied entry.
In the circumstances it would be inequitable to refuse to terminate the tenancy: the tenant has been given repeated opportunities to comply with their lawful responsibilities, and having refused to do so, there is little else that can be done to allow the landlord to fulfil their responsibilities.
However, as the tenancy is being terminated for rent arrears, no order for termination under section 56 is required.
Because has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4846443 — Rent arrears at 314 Lincoln Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4846443 — Rent arrears at 314 Lincoln Road, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions