What was the outcome of Tenancy Tribunal case 4921973?

The tribunal order states: Dinushi Ratnayake must pay Tuscancity Property Management Limited as

How much money was awarded in case 4921973?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,200.00 awarded to landlord

What type of tenancy dispute was case 4921973?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4921973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10579642-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4921973?

The tribunal order states: Dinushi Ratnayake must pay Tuscancity Property Management Limited as

How much money was awarded in case 4921973?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,200.00 awarded to landlord

What type of tenancy dispute was case 4921973?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4921973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10579642-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6B, 18 Hobson Street, Auckland Central, Auckland Tenancy Tribunal Case 4921973 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4921973 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$3,200.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Tenant to Landlord	$820.44

Dinushi Ratnayake must pay Tuscancity Property Management Limited as agent for Hayden Butler & Hamish Duke $820.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (5179923-021) to Tuscancity Property Management Limited as agent for Hayden Butler & Hamish Duke immediately.

Reasons

The landlord attended the hearing. The tenant did not. Attempts were made to contact the tenant on the cell-phone number provided in the application, as well as an updated number provided to the Tribunal by the landlord. No answer was received.

The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The tenancy began on 20 May 2022 and was a fixed-term tenancy until 19 May 2023 when it rolled over into a periodic tenancy.

On 6 June 2024, the tenant gave notice to the landlord terminating the tenancy in accordance with section 51(2B) of the Residential Tenancies Act 1986. The termination date was 8 July 2024. Service

Section 91(1) of the Residential Tenancies Act 1986 requires the Tribunal to give to each party to the dispute reasonable notice of the time, place and purpose of the hearing to be held in respect of the application. This involves the Tribunal sending a Notice of Hearing to the parties.

Usually, the tenancy agreement records the details for service in respect of both parties however, the tenancy agreement in this case did not.

Section 136 of the Residential Tenancies Act 1986 stipulates the ways in which notices and documents must be given or served on the parties. Section 136(2)(a)(i) permits a notice to be given or served on the tenant by postage to the tenancy address if the tenant resides there.

In this case, the Notice of Hearing was sent by post to the tenancy address on 1 July 2024 and would have arrived at the address four working days later, on 5 July 2024 pursuant to section 136(6) of the Residential Tenancies Act 1986.

The landlord provided a copy of the termination notice e-mailed by the tenant to the landlord on 6 June 2024 confirming that the keys would be handed over on 8 July 2024. The landlord advised the Tribunal that the tenant moved out of the property on 8 July 2024. I therefore find that the tenant was still residing at the property on 5 July 2024, which is the date the Notice of Hearing would have been received at the tenancy address. Appropriate notice of the hearing was therefore given to the tenant in accordance with section 91 of the Residential Tenancies Act 1986.

Having satisfied myself that due notice of the hearing was given to the tenant, I proceeded to determine the application in their absence pursuant to section 92(1) of the Residential Tenancies Act 1986.

How much is owed for rent?

The tenancy ended on 8 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $3,200.00. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Filing fee

Because Tuscancity Property Management Limited As Agent For Hayden Butler & Hamish Duke has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4921973 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$3,200.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Tenant to Landlord	$820.44

Dinushi Ratnayake must pay Tuscancity Property Management Limited as agent for Hayden Butler & Hamish Duke $820.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (5179923-021) to Tuscancity Property Management Limited as agent for Hayden Butler & Hamish Duke immediately.

Reasons

The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The tenancy began on 20 May 2022 and was a fixed-term tenancy until 19 May 2023 when it rolled over into a periodic tenancy.

On 6 June 2024, the tenant gave notice to the landlord terminating the tenancy in accordance with section 51(2B) of the Residential Tenancies Act 1986. The termination date was 8 July 2024. Service

Usually, the tenancy agreement records the details for service in respect of both parties however, the tenancy agreement in this case did not.

How much is owed for rent?

Because Tuscancity Property Management Limited As Agent For Hayden Butler & Hamish Duke has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4921973 — Rent arrears at Unit/Flat 6B, 18 Hobson Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4921973 — Rent arrears at Unit/Flat 6B, 18 Hobson Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions