What was Tenancy Tribunal case 4948053 about?

The tribunal order states: The tenancy of Joel Wallace at Unit/Flat 11, 4 Sussex Street, Mount Cook,

How much money was awarded in case 4948053?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $636.00 awarded to landlord

What type of tenancy dispute was case 4948053?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10791108-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4948053 about?

The tribunal order states: The tenancy of Joel Wallace at Unit/Flat 11, 4 Sussex Street, Mount Cook,

How much money was awarded in case 4948053?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $636.00 awarded to landlord

What type of tenancy dispute was case 4948053?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10791108-Tribunal_Order_Redacted.pdf.

Unit/Flat 11, 4 Sussex Street, Mount Cook, Wellington 6021, Tenancy Tribunal Case 4948053 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4948053 — net $327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 July 2024	$636.00	Rent arrears as at 12 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$327.00
Total payable by Tenant to Landlord	$327.00

The tenancy of Joel Wallace at Unit/Flat 11, 4 Sussex Street, Mount Cook, Wellington 6021, Basin Reserve Complex is terminated, and possession is granted to [The landlord/s], at 12pm on Wednesday 4 September 2024.

The Bond Centre is to pay the bond of $336.00 to [The landlord/s] immediately.

Joel Wallace must pay [The landlord/s] $327.00 immediately, calculated as shown in the table below:

[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $327.00.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This application was scheduled to be heard by teleconference. I rang the number provided for the tenant but it went to voicemail and so I proceeded in his absence.

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

Should the tenancy be terminated?

The Tribunal must terminate the tenancy where there is 21 days or more in rent arrears. See section 55(1)(a) Residential Tenancies Act 1986.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing.

I am not allowing rent arrears to today’s date. This is because on 14 June 2024 the landlord became aware that the tenant was incarcerated. I consider it fair and reasonable that the landlord is entitled to rent for 28 days from 14 June 2024 – that is, to 12 July 2024. This is because, as with an abandoned tenancy, landlords are entitled to 28 days’ rent from the date on which the landlord knew, or ought to have known, that the tenancy has been abandoned. The 28 days is rent in lieu of notice.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Disposal of goods

The landlord has applied for the disposal of goods that the tenant has left at the premises.

I accept that the landlord is unable to contact the tenant.

I also accept that it is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord may sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

I understand from the landlord at today’s hearing that they intend to store the goods belonging to the tenant. C ter Haar 04 September 2024

Order

Claims and awards in Tenancy Tribunal application 4948053 — net $327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 July 2024	$636.00	Rent arrears as at 12 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$327.00
Total payable by Tenant to Landlord	$327.00

The Bond Centre is to pay the bond of $336.00 to [The landlord/s] immediately.

Joel Wallace must pay [The landlord/s] $327.00 immediately, calculated as shown in the table below:

[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The amount owing to the applicant out of the proceeds of any sale is $327.00.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This application was scheduled to be heard by teleconference. I rang the number provided for the tenant but it went to voicemail and so I proceeded in his absence.

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

Should the tenancy be terminated?

The Tribunal must terminate the tenancy where there is 21 days or more in rent arrears. See section 55(1)(a) Residential Tenancies Act 1986.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Disposal of goods

The landlord has applied for the disposal of goods that the tenant has left at the premises.

I accept that the landlord is unable to contact the tenant.

The landlord may dispose of any goods that have no saleable value.

I understand from the landlord at today’s hearing that they intend to store the goods belonging to the tenant. C ter Haar 04 September 2024

Tenancy Tribunal case 4948053 — Rent arrears at Unit/Flat 11, 4 Sussex Street, Mount Cook, Wellington 6021,

At a glance

Tenancy Tribunal case 4948053 — Rent arrears at Unit/Flat 11, 4 Sussex Street, Mount Cook, Wellington 6021,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions