What was Tenancy Tribunal case 4945731 about?

The tribunal order states: The tenancy of [The tenant/s] at 466A East Coast Road, Windsor Park,

How much money was awarded in case 4945731?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,577.14 awarded to landlord; Rent For 24 October 2024: $1,774.29 awarded to landlord

What type of tenancy dispute was case 4945731?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10993816-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4945731 about?

The tribunal order states: The tenancy of [The tenant/s] at 466A East Coast Road, Windsor Park,

How much money was awarded in case 4945731?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,577.14 awarded to landlord; Rent For 24 October 2024: $1,774.29 awarded to landlord

What type of tenancy dispute was case 4945731?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10993816-Tenancy_Tribunal_Order.pdf.

466A East Coast Road, Windsor Park, Auckland 0630 Tenancy Tribunal Case 4945731 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4945731. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 October 2024	$1,577.14	Rent arrears to 23 October 2024
Rent for 24 October 2024 to 10 November 2024	$1,774.29	Rent for 24 October 2024 to 10 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement

The tenancy of [The tenant/s] at 466A East Coast Road, Windsor Park, Auckland 0630 is terminated, and possession is granted to [The landlord/s], at the end of 10 November 2024.

[The tenant/s] must immediately pay [The landlord/s] $1,577.14 for rent arrears to 23 October 2024.

[The tenant/s] must immediately pay [The landlord/s] $27.00 for the filing fee.

[The tenant/s] must by 10 November 2024, pay [The landlord/s] $1,774.29 for rent for the period 24 October 2024 to 10 November 2024.

[The tenant/s] must supply [The landlord/s] with a set of keys for 466A East Coast Road, Windsor Park, Auckland 0630 by 5:00pm on Tuesday 29 October 2024.

[The tenant/s] must permit [The landlord/s] or her agents to enter the premises and conduct repairs, inspections, or any other permitted activities in accordance with s 48 of the Residential Tenancies Act. DescriptionLandlord Rent arrears to 23 October 2024$1,577.14 Rent for 24 October 2024 to 10 November 2024$1,774.29 Filing fee reimbursement$27.00 Total award $3,378.43

Reasons

The landlord attended the hearing with her daughter Katrin as support person.

The tenant did not attend. The hearing proceeded in her absence.

The landlord seeks orders for rent arrears, termination, rent to the end of the tenancy, an order that the tenant permit access, an order that the tenant provide a set of keys for the premises, and reimbursement of the filing fee. Termination in accordance with tenant’s notice

The landlord submitted a message from the tenant giving the landlord notice that she would be moving out of the premises on 10 November 2024. That being so, an order for termination and possession is made for after that date. Rent arrears to the end of yesterday

The tenant ceased paying rent on 23 September 2024, except for one payment of $690.00 made on 21 October 2024.

I am satisfied the rent arrears are at least $1,577.14.

An order is made accordingly. Rent due to end of the tenancy

For convenience and clarity, an order is also made for the rent due from today to the end of the tenancy on 10 November 2024. Order that the tenant permit the landlord lawful access to the premises

Ms Lee claims the tenant has not allowed them entry to the premises when they were entitled to enter.

A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. 1 1 Residential Tenancies Act 1986 (RTA), s 48(1) and (2).

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. 2

Ms Lee also says the tenant has not permitted contractors to complete repairs at the premises.

The Tribunal will order that the tenant comply with s 48 of the Residential Tenancies Act 1986. That provision sets out the landlord and the tenant’s obligations where the landlord needs to access the premises. To assist the parties, s 48 is added to this decision as an addendum.

If the tenant breaches her obligations under the Act, the landlord may apply to the Tribunal for an order for exemplary damages. Tenant must supply the landlord with a set of keys for the premises

The tenant changed the premises’ locks. The lock change was made with the landlord’s permission. However, the tenant has not provided the landlord with a set of keys for the new locks.

As mentioned in the previous section of this decision dealing with landlords accessing the premises, landlords may have to access the premises for various lawful reasons. To ensure that access landlords need to have a set of keys to do so.

The Tribunal will therefore order the tenant to supply the landlord with a set of keys. Filing fee

The tenant must reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4945731. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 October 2024	$1,577.14	Rent arrears to 23 October 2024
Rent for 24 October 2024 to 10 November 2024	$1,774.29	Rent for 24 October 2024 to 10 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

The tenancy of [The tenant/s] at 466A East Coast Road, Windsor Park, Auckland 0630 is terminated, and possession is granted to [The landlord/s], at the end of 10 November 2024.
[The tenant/s] must immediately pay [The landlord/s] $1,577.14 for rent arrears to 23 October 2024.
[The tenant/s] must immediately pay [The landlord/s] $27.00 for the filing fee.
[The tenant/s] must by 10 November 2024, pay [The landlord/s] $1,774.29 for rent for the period 24 October 2024 to 10 November 2024.
[The tenant/s] must supply [The landlord/s] with a set of keys for 466A East Coast Road, Windsor Park, Auckland 0630 by 5:00pm on Tuesday 29 October 2024.
[The tenant/s] must permit [The landlord/s] or her agents to enter the premises and conduct repairs, inspections, or any other permitted activities in accordance with s 48 of the Residential Tenancies Act. DescriptionLandlord Rent arrears to 23 October 2024$1,577.14 Rent for 24 October 2024 to 10 November 2024$1,774.29 Filing fee reimbursement$27.00 Total award $3,378.43

Reasons

The landlord attended the hearing with her daughter Katrin as support person.
The tenant did not attend. The hearing proceeded in her absence.
The landlord seeks orders for rent arrears, termination, rent to the end of the tenancy, an order that the tenant permit access, an order that the tenant provide a set of keys for the premises, and reimbursement of the filing fee. Termination in accordance with tenant’s notice
The landlord submitted a message from the tenant giving the landlord notice that she would be moving out of the premises on 10 November 2024. That being so, an order for termination and possession is made for after that date. Rent arrears to the end of yesterday
The tenant ceased paying rent on 23 September 2024, except for one payment of $690.00 made on 21 October 2024.
I am satisfied the rent arrears are at least $1,577.14.
An order is made accordingly. Rent due to end of the tenancy
For convenience and clarity, an order is also made for the rent due from today to the end of the tenancy on 10 November 2024. Order that the tenant permit the landlord lawful access to the premises
Ms Lee claims the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. 1 1 Residential Tenancies Act 1986 (RTA), s 48(1) and (2).
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. 2
Ms Lee also says the tenant has not permitted contractors to complete repairs at the premises.
The Tribunal will order that the tenant comply with s 48 of the Residential Tenancies Act 1986. That provision sets out the landlord and the tenant’s obligations where the landlord needs to access the premises. To assist the parties, s 48 is added to this decision as an addendum.
If the tenant breaches her obligations under the Act, the landlord may apply to the Tribunal for an order for exemplary damages. Tenant must supply the landlord with a set of keys for the premises
The tenant changed the premises’ locks. The lock change was made with the landlord’s permission. However, the tenant has not provided the landlord with a set of keys for the new locks.
As mentioned in the previous section of this decision dealing with landlords accessing the premises, landlords may have to access the premises for various lawful reasons. To ensure that access landlords need to have a set of keys to do so.
The Tribunal will therefore order the tenant to supply the landlord with a set of keys. Filing fee
The tenant must reimburse the landlord for the filing fee.

Tenancy Tribunal case 4945731 — Rent arrears at 466A East Coast Road, Windsor Park, Auckland 0630

At a glance

Tenancy Tribunal case 4945731 — Rent arrears at 466A East Coast Road, Windsor Park, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions