What was Tenancy Tribunal case 4899381 about?

The tribunal order states: The tenancy of Terry Hillman, Mikaele Takau and Levi Taiapa at 45 Kingdale

How much money was awarded in case 4899381?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,801.43 awarded to landlord

What type of tenancy dispute was case 4899381?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780367-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4899381 about?

The tribunal order states: The tenancy of Terry Hillman, Mikaele Takau and Levi Taiapa at 45 Kingdale

How much money was awarded in case 4899381?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,801.43 awarded to landlord

What type of tenancy dispute was case 4899381?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780367-Tribunal_Order_Redacted.pdf.

45 Kingdale Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4899381 — Rent arrears

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45 Kingdale Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4899381 — 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 4899381 — net $3,621.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02 September 2024	$5,801.43	Rent arrears to 02 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,621.87
Total payable by Tenant to Landlord	$3,621.87

Claims and awards for application 4899381 — net $3,621.87 NZD. Verify on MoJ.

Rent arrears to 02 September 2024

Amount: $5,801.43
Awarded to: Landlord
Reason: Rent arrears to 02 September 2024

Filing fee reimbursement

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

Net award

Landlord $3,621.87

Total payable by Tenant to Landlord

Landlord $3,621.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Terry Hillman, Mikaele Takau and Levi Taiapa at 45 Kingdale Road, Henderson, Auckland 0610 is terminated, and possession is granted to [The landlord/s], at 11:59pm on 02 September 2024.
Terry Hillman, Mikaele Takau and Levi Taiapa must pay [The landlord/s] $3,601.43 immediately, being rent arrears to 02 September 2024 and reimbursement of the filing fee, less the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There are three tenants named on the tenancy agreement. Only one tenant, Mr Takau, attended the hearing.
At the hearing, Mr Takau advised that Mr Hillman was unable to attend the hearing as he had injured himself. The Tribunal tried to contact Mr Hillman by telephone, but the calls went unanswered. Mr Hillman did not contact the Tribunal directly to explain why he would not attend the Tribunal and the hearing proceeded in his absence.
Mr Takau advised that Mr Taiapa had moved out of the premises. However, there is no evidence to suggest that Mr Taiapa has been released from the tenancy agreement. Mr Taiapa did not attend the hearing. He did not contact the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Mr Takau asserted that the rent arrears were due to a miscommunication with the landlord. The landlord provided a notice regarding rent arrears which was issued on 15 March 2024. Following the hearing, the landlord provided an updated rent ledger and text messages showing that he had notified the tenant on several occasions that rent was in arrears and that payment was required. The tenant was provided an opportunity to comment on these documents. No comments were received by the Tribunal.
I find that the assertion that rent arrears are due to a miscommunication between the parties is not supported by the evidence.
The landlord’s rent records prove the amount owing at the end of the tenancy and that rent was at least 21 days in arears on the day the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986.
[The applicant/s] has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee and grant the application for suppression.

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 4899381 — net $3,621.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02 September 2024	$5,801.43	Rent arrears to 02 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,621.87
Total payable by Tenant to Landlord	$3,621.87

Claims and awards for application 4899381 — net $3,621.87 NZD. Verify on MoJ.

Rent arrears to 02 September 2024

Amount: $5,801.43
Awarded to: Landlord
Reason: Rent arrears to 02 September 2024

Filing fee reimbursement

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

Net award

Landlord $3,621.87

Total payable by Tenant to Landlord

Landlord $3,621.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Terry Hillman, Mikaele Takau and Levi Taiapa at 45 Kingdale Road, Henderson, Auckland 0610 is terminated, and possession is granted to [The landlord/s], at 11:59pm on 02 September 2024.
Terry Hillman, Mikaele Takau and Levi Taiapa must pay [The landlord/s] $3,601.43 immediately, being rent arrears to 02 September 2024 and reimbursement of the filing fee, less the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There are three tenants named on the tenancy agreement. Only one tenant, Mr Takau, attended the hearing.
At the hearing, Mr Takau advised that Mr Hillman was unable to attend the hearing as he had injured himself. The Tribunal tried to contact Mr Hillman by telephone, but the calls went unanswered. Mr Hillman did not contact the Tribunal directly to explain why he would not attend the Tribunal and the hearing proceeded in his absence.
Mr Takau advised that Mr Taiapa had moved out of the premises. However, there is no evidence to suggest that Mr Taiapa has been released from the tenancy agreement. Mr Taiapa did not attend the hearing. He did not contact the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Mr Takau asserted that the rent arrears were due to a miscommunication with the landlord. The landlord provided a notice regarding rent arrears which was issued on 15 March 2024. Following the hearing, the landlord provided an updated rent ledger and text messages showing that he had notified the tenant on several occasions that rent was in arrears and that payment was required. The tenant was provided an opportunity to comment on these documents. No comments were received by the Tribunal.
I find that the assertion that rent arrears are due to a miscommunication between the parties is not supported by the evidence.
The landlord’s rent records prove the amount owing at the end of the tenancy and that rent was at least 21 days in arears on the day the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986.
[The applicant/s] has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee and grant the application for suppression.

Tenancy Tribunal case 4899381 — Rent arrears at 45 Kingdale Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4899381 — Rent arrears at 45 Kingdale 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