What was the outcome of Tenancy Tribunal case 4850540?

The tribunal order states: The tenancy of Sarah Wadsworth and Peter Wairoa at 2 Collingwood Street,

How much money was awarded in case 4850540?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $772.86 awarded to landlord

What type of tenancy dispute was case 4850540?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4850540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10403221-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4850540?

The tribunal order states: The tenancy of Sarah Wadsworth and Peter Wairoa at 2 Collingwood Street,

How much money was awarded in case 4850540?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $772.86 awarded to landlord

What type of tenancy dispute was case 4850540?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4850540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10403221-Tenancy_Tribunal_Order.pdf.

2 Collingwood Street, Levin, Levin 5510 Tenancy Tribunal Case 4850540 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4850540 — net $793.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/06/2024	$772.86	Rent arrears to 03/06/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$793.30
Bond	$793.30
Total payable by Tenant to Landlord	$793.30

The tenancy of Sarah Wadsworth and Peter Wairoa at 2 Collingwood Street, Levin, Levin 5510 is terminated, and possession is granted to Berrymans Property Management & Rentals Limited As Agent For Johnson Investments Limited, at 12pm on Tuesday 4 June 2024.

The Bond Centre is to pay $793.30 from the bond of $1,480.00 () to Berrymans Property Management & Rentals Limited As Agent For Johnson Investments Limited immediately, calculated as shown in the table below:

The balance of the bond of $686.70 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference on 29 May 2024.

Ms Wadsworth (the tenant) was contacted on the contact number provided in the application. She advised that she was unable to attend the hearing due to work commitments. She also indicated that she had previously requested that the matter be rescheduled but there is no formal request for an adjournment before the Tribunal.

An adjournment was not granted because I am satisfied adequate and reasonable notice of the hearing has been completed; because of the late notice of the adjournment request; and because it is not unusual for parties to have to make other arrangements to attend a hearing during work hours.

Mr Wairoa (the other tenant) was contacted twice on the contact number provided in the application but on both occasions the call went unanswered.

The absence of a party does not prevent the hearing from proceeding.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenants as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing.

The landlord advised that Ms Wadsworth had txted the landlord at 2.35pm (25 minutes before the hearing) advising that $900.00 was transferred to cover all the rent arrears. However, this transaction was not showing in the landlord’s updated rent records presented at the time of the hearing. Once processed, it will be taken into account. Regardless, this would not be sufficient to avoid termination as the landlord has already established its grounds for termination and both the landlord and Tribunal have no confidence that the tenants will not fall into rent arrears again given their poor rental history.

Taking into account the tenants’ personal circumstances, the landlord has deferred termination of the tenancy to 12pm on Tuesday 4 June 2024. It is therefore reasonable to allow an order for all rent owing to 3 June 2024.

As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4850540 — net $793.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/06/2024	$772.86	Rent arrears to 03/06/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$793.30
Bond	$793.30
Total payable by Tenant to Landlord	$793.30

Order

The tenancy of Sarah Wadsworth and Peter Wairoa at 2 Collingwood Street, Levin, Levin 5510 is terminated, and possession is granted to Berrymans Property Management & Rentals Limited As Agent For Johnson Investments Limited, at 12pm on Tuesday 4 June 2024.
The Bond Centre is to pay $793.30 from the bond of $1,480.00 () to Berrymans Property Management & Rentals Limited As Agent For Johnson Investments Limited immediately, calculated as shown in the table below:
The balance of the bond of $686.70 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing which was held by teleconference on 29 May 2024.
Ms Wadsworth (the tenant) was contacted on the contact number provided in the application. She advised that she was unable to attend the hearing due to work commitments. She also indicated that she had previously requested that the matter be rescheduled but there is no formal request for an adjournment before the Tribunal.
An adjournment was not granted because I am satisfied adequate and reasonable notice of the hearing has been completed; because of the late notice of the adjournment request; and because it is not unusual for parties to have to make other arrangements to attend a hearing during work hours.
Mr Wairoa (the other tenant) was contacted twice on the contact number provided in the application but on both occasions the call went unanswered.
The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenants as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing.
The landlord advised that Ms Wadsworth had txted the landlord at 2.35pm (25 minutes before the hearing) advising that $900.00 was transferred to cover all the rent arrears. However, this transaction was not showing in the landlord’s updated rent records presented at the time of the hearing. Once processed, it will be taken into account. Regardless, this would not be sufficient to avoid termination as the landlord has already established its grounds for termination and both the landlord and Tribunal have no confidence that the tenants will not fall into rent arrears again given their poor rental history.
Taking into account the tenants’ personal circumstances, the landlord has deferred termination of the tenancy to 12pm on Tuesday 4 June 2024. It is therefore reasonable to allow an order for all rent owing to 3 June 2024.
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.

Tenancy Tribunal case 4850540 — Rent arrears at 2 Collingwood Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4850540 — Rent arrears at 2 Collingwood Street, Levin, Levin 5510

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