What was Tenancy Tribunal case 4955133 about?

The tribunal order states: The tenancy of Gayan Holupathiranage at 21A Ludlow Terrace, Totara Vale,

How much money was awarded in case 4955133?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord; Water Rates: $108.73 awarded to landlord

What type of tenancy dispute was case 4955133?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4955133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10930481-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4955133 about?

The tribunal order states: The tenancy of Gayan Holupathiranage at 21A Ludlow Terrace, Totara Vale,

How much money was awarded in case 4955133?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord; Water Rates: $108.73 awarded to landlord

What type of tenancy dispute was case 4955133?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4955133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10930481-Tribunal_Order_Redacted.pdf.

21A Ludlow Terrace, Totara Vale, Auckland 0627 Tenancy Tribunal Case 4955133 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4955133. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,250.00		claim for outstanding rent arrears is proven.
Water rates	$108.73		Water rates
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond		$1,385.73

The tenancy of Gayan Holupathiranage at 21A Ludlow Terrace, Totara Vale, Auckland 0627 is terminated, and possession is granted to [The landlord/s], at 11:59pm Friday 11 October 2024.

Gayan Holupathiranage must pay [The landlord/s] $1,385.73 immediately, calculated as shown in the table below:

The Bond Centre is to pay $1,385.73 from the bond of $2,631.56 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond is to remain at the Bond Centre.

Reasons

Both parties attended the hearing by remote teleconference.

The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger during the hearing. Having sighted the updated rent ledger I am satisfied that the amount claimed for overdue rent is owed by the tenant.

The landlord also claims $576.88 for outstanding water arrears however has not provided proper evidence in support of this claim. The landlord has only provided a Watercare invoice dated 24 July 2024 for outstanding water usage of $108.73.

It is the responsibility of the applicant to provide the required evidence in support of these claims prior to the hearing date. The evidence should include all Watercare invoices which confirms the amount claimed. The evidence must be clear and accurate.

As at todays’ date the only evidence I have before me in respect of outstanding water usage charges is an invoice for $108.73. It is simply not possible for an adjudicator to go through a landlord’s hybrid debt ledger containing water and rent transactions during limited telephone hearing time in an attempt to work out what the outstanding water charges are.

Accordingly, the landlord’s claim for outstanding water charges is allowed but amended based on the evidence filed with the application.

The landlord’s claim for outstanding rent arrears is proven.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Order

Claims and awards in Tenancy Tribunal application 4955133. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,250.00		claim for outstanding rent arrears is proven.
Water rates	$108.73		Water rates
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond		$1,385.73

The tenancy of Gayan Holupathiranage at 21A Ludlow Terrace, Totara Vale, Auckland 0627 is terminated, and possession is granted to [The landlord/s], at 11:59pm Friday 11 October 2024.

Gayan Holupathiranage must pay [The landlord/s] $1,385.73 immediately, calculated as shown in the table below:

The Bond Centre is to pay $1,385.73 from the bond of $2,631.56 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond is to remain at the Bond Centre.

Reasons

Both parties attended the hearing by remote teleconference.

The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

Accordingly, the landlord’s claim for outstanding water charges is allowed but amended based on the evidence filed with the application.

The landlord’s claim for outstanding rent arrears is proven.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4955133 — Rent arrears at 21A Ludlow Terrace, Totara Vale, Auckland 0627

At a glance

Tenancy Tribunal case 4955133 — Rent arrears at 21A Ludlow Terrace, Totara Vale, Auckland 0627

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