What was Tenancy Tribunal case 4910393 about?

The tribunal order states: The tenancy of Rebekah Walker at [Tenancy address suppressed] is

How much money was awarded in case 4910393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,121.43 awarded to landlord

What type of tenancy dispute was case 4910393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4910393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650793-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4910393 about?

The tribunal order states: The tenancy of Rebekah Walker at [Tenancy address suppressed] is

How much money was awarded in case 4910393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,121.43 awarded to landlord

What type of tenancy dispute was case 4910393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4910393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650793-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4910393 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4910393 — net $5,141.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2024	$5,121.43	Rent arrears to 2 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,141.87
Total payable by Tenant to Landlord	$5,141.87

The landlord attended the hearing by video conference.

The tenant was telephoned twice on the phone number provided but the phone calls went unanswered.

I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

No bond is held by the bond centre. Termination

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

The landlord had served notice on the tenant to remedy the breach on 5 June 2024 and the tenant did not remedy the breach.

Rent was at least 21 days in arrears on 10 June 2024, being the date the application was filed, and at the date of the hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much does the tenant owe?

The tenancy commenced on 10 May 2024.

The landlord provided rent records which prove the amount owing as at 3 August 2024 is $6,050.00. This sum included the bond amount which was not paid by the tenant.

The tenancy is to terminate on Friday 2 August 2024, and I have calculated and made an order for rent payable to this date. Email from tenant on day of hearing

The tenant emailed the Tribunal shortly before the hearing: a. The tenant said that she is unable to attend the hearing for health reasons and provided a medical certificate. b. The tenant said that she had given notice to the landlord to terminate her tenancy. The tenant attached a screen shot of her email to the landlord dated 19 July 2024. i. The landlord advised she had not received the email provided by the tenant and I accept the landlord’s evidence. The email address was correct. I make further comment about the email below. c. The tenant said that she had paid her rent and provided a bank statement showing she had paid rent when it was due and payable. i. The landlord disputed this evidence and confirmed that the payments the tenant refers to have not been receipted to her bank account. I accept the landlord’s evidence that the rent has not been paid. d. The tenant attached emails with WINZ and a moving company.

The landlord raised that the documentation provided appeared to be forged and I agree this seems plausible. I will request that the registry provide a copy of this order and the documentation to the relevant authority for consideration. Filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly. See section 95A of the Residential Tenancies Act 1986

Claims and awards in Tenancy Tribunal application 4910393 — net $5,141.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2024	$5,121.43	Rent arrears to 2 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,141.87
Total payable by Tenant to Landlord	$5,141.87

Order

The tenancy of Rebekah Walker at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 6.00pm on Friday 2 August 2024.
Rebekah Walker must pay [The landlord/s] $5,141.87 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video conference.
The tenant was telephoned twice on the phone number provided but the phone calls went unanswered.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
No bond is held by the bond centre. Termination
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord had served notice on the tenant to remedy the breach on 5 June 2024 and the tenant did not remedy the breach.
Rent was at least 21 days in arrears on 10 June 2024, being the date the application was filed, and at the date of the hearing. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much does the tenant owe?

The tenancy commenced on 10 May 2024.
The landlord provided rent records which prove the amount owing as at 3 August 2024 is $6,050.00. This sum included the bond amount which was not paid by the tenant.
The tenancy is to terminate on Friday 2 August 2024, and I have calculated and made an order for rent payable to this date. Email from tenant on day of hearing
The tenant emailed the Tribunal shortly before the hearing: a. The tenant said that she is unable to attend the hearing for health reasons and provided a medical certificate. b. The tenant said that she had given notice to the landlord to terminate her tenancy. The tenant attached a screen shot of her email to the landlord dated 19 July 2024. i. The landlord advised she had not received the email provided by the tenant and I accept the landlord’s evidence. The email address was correct. I make further comment about the email below. c. The tenant said that she had paid her rent and provided a bank statement showing she had paid rent when it was due and payable. i. The landlord disputed this evidence and confirmed that the payments the tenant refers to have not been receipted to her bank account. I accept the landlord’s evidence that the rent has not been paid. d. The tenant attached emails with WINZ and a moving company.
The landlord raised that the documentation provided appeared to be forged and I agree this seems plausible. I will request that the registry provide a copy of this order and the documentation to the relevant authority for consideration. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. See section 95A of the Residential Tenancies Act 1986

Tenancy Tribunal case 4910393 — Rent arrears

At a glance

Tenancy Tribunal case 4910393 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions