What was the outcome of Tenancy Tribunal case 4919121?

The tribunal order states: The tenancy of Deborah Kerr at 90 Main Road, Fairfield, Dunedin 9018 is

How much money was awarded in case 4919121?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4919121?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4919121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10988887-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4919121?

The tribunal order states: The tenancy of Deborah Kerr at 90 Main Road, Fairfield, Dunedin 9018 is

How much money was awarded in case 4919121?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4919121?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4919121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10988887-Tenancy_Tribunal_Order.pdf.

90 Main Road, Fairfield, Dunedin 9018 Tenancy Tribunal Case 4919121 — Rent arrears

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90 Main Road, Fairfield, Dunedin 9018 Tenancy Tribunal Case 4919121 — 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 4919121 — net $2,380.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/10/2024	$4,600.00	Rent arrears to 24/10/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,380.44
Total payable by Tenant to Landlord	$2,380.44

Claims and awards for application 4919121 — net $2,380.44 NZD. Verify on MoJ.

Rent arrears to 24/10/2024

Amount: $4,600.00
Awarded to: Landlord
Reason: Rent arrears to 24/10/2024

Filing fee reimbursement

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

Net award

Landlord $2,380.44

Total payable by Tenant to Landlord

Landlord $2,380.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Deborah Kerr at 90 Main Road, Fairfield, Dunedin 9018 is terminated, and possession is granted to Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald immediately.
The Bond Centre is to pay the bond of $2,240.00 (6438328-002) to Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald immediately.
Deborah Kerr must pay Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald $2,380.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
Prior to the hearing the tenant advised Tenancy Services that she would not be attending the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
In addition, the landlord sought compensation for damage to carpets.
However, the landlord confirmed they would look at the issue of compensation for the carpets and any other matters once the tenant has vacated.

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 landlord submits that the tenant has breached her obligation to pay rent as and when it falls due under section 40(1)(a).
In support of the application the landlord provided breach notices dated, 18/7, 9/8 and 19/8/2024 and rent records showing the last payment of rent was received on 11/10/2024. The landlord submitted that the rent arrears were increasing.
However, this is not a situation where I need to exercise a discretion to terminate.
The reason for this is 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.
I am satisfied that the rent is at least 21 days in arrears at the hearing date. The tenancy is terminated, and an arrears order made.
As the landlord has wholly succeeded with the claim, I must award 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 4919121 — net $2,380.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/10/2024	$4,600.00	Rent arrears to 24/10/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,380.44
Total payable by Tenant to Landlord	$2,380.44

Claims and awards for application 4919121 — net $2,380.44 NZD. Verify on MoJ.

Rent arrears to 24/10/2024

Amount: $4,600.00
Awarded to: Landlord
Reason: Rent arrears to 24/10/2024

Filing fee reimbursement

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

Net award

Landlord $2,380.44

Total payable by Tenant to Landlord

Landlord $2,380.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Deborah Kerr at 90 Main Road, Fairfield, Dunedin 9018 is terminated, and possession is granted to Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald immediately.
The Bond Centre is to pay the bond of $2,240.00 (6438328-002) to Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald immediately.
Deborah Kerr must pay Alisha kiri Paterson, Michael McDonald and Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Kiri Paterson & Michael Mcdonald $2,380.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
Prior to the hearing the tenant advised Tenancy Services that she would not be attending the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
In addition, the landlord sought compensation for damage to carpets.
However, the landlord confirmed they would look at the issue of compensation for the carpets and any other matters once the tenant has vacated.

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 landlord submits that the tenant has breached her obligation to pay rent as and when it falls due under section 40(1)(a).
In support of the application the landlord provided breach notices dated, 18/7, 9/8 and 19/8/2024 and rent records showing the last payment of rent was received on 11/10/2024. The landlord submitted that the rent arrears were increasing.
However, this is not a situation where I need to exercise a discretion to terminate.
The reason for this is 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.
I am satisfied that the rent is at least 21 days in arrears at the hearing date. The tenancy is terminated, and an arrears order made.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Tenancy Tribunal case 4919121 — Rent arrears at 90 Main Road, Fairfield, Dunedin 9018

At a glance

Tenancy Tribunal case 4919121 — Rent arrears at 90 Main Road, Fairfield, Dunedin 9018

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