How much money was awarded in case 4992828?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,410.35 awarded to landlord

What type of tenancy dispute was case 4992828?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11104913-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4992828?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,410.35 awarded to landlord

What type of tenancy dispute was case 4992828?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11104913-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4992828 — Rent arrears

Q: What was Tenancy Tribunal case 4992828 about?

The tribunal order states: This order amends the order made earlier today and corrects an error in the

Order

Claims and awards in Tenancy Tribunal application 4992828. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,410.35		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

This order amends the order made earlier today and corrects an error in the termination date. In all other respects the earlier order is unchanged.

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Thomas Hohipa, Rachael King and Nirvanah Alexis maree Hohipa at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 27 November 2024.

The Bond Centre is to pay the bond of $0.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond of $2,760.00 is to remain at the Bond Centre.

Reasons

Both parties attended the video hearing. The tenant Thomas Hohipa represented all the tenants.

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

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case, I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.

The tenant raised a number of issues during the hearing that should be addressed. The tenant said that he would contact WINZ to arrange payment of the rent arrears. The first recidivist rent arrears notice to the tenant is dated 8 July 2024. The tenant has had sufficient time to make the necessary arrangements to pay the arrears. The tenant said that he was the only tenant not paying rent and the that other tenants should be able to remain at the house. At law, the tenants are what is called jointly and severally liable. That means that all the tenants collectively are responsible for the full rent and each individual tenant is also responsible for the full rent. The tenant raise concerns about the standard of the premises. I informed the tenant of his right to make application to the Tribunal to have those matters considered. For the reasons set out above the tenancy is terminated.

As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered. The tenants have not been wholly or substantially successful and the tenant application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 4992828. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,410.35		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

This order amends the order made earlier today and corrects an error in the termination date. In all other respects the earlier order is unchanged.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Thomas Hohipa, Rachael King and Nirvanah Alexis maree Hohipa at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 27 November 2024.
The Bond Centre is to pay the bond of $0.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $2,760.00 is to remain at the Bond Centre.

Reasons

Both parties attended the video hearing. The tenant Thomas Hohipa represented all the tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case, I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
The tenant raised a number of issues during the hearing that should be addressed. The tenant said that he would contact WINZ to arrange payment of the rent arrears. The first recidivist rent arrears notice to the tenant is dated 8 July 2024. The tenant has had sufficient time to make the necessary arrangements to pay the arrears. The tenant said that he was the only tenant not paying rent and the that other tenants should be able to remain at the house. At law, the tenants are what is called jointly and severally liable. That means that all the tenants collectively are responsible for the full rent and each individual tenant is also responsible for the full rent. The tenant raise concerns about the standard of the premises. I informed the tenant of his right to make application to the Tribunal to have those matters considered. For the reasons set out above the tenancy is terminated.
As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered. The tenants have not been wholly or substantially successful and the tenant application for suppression is dismissed.

Tenancy Tribunal case 4992828 — Rent arrears

At a glance

Tenancy Tribunal case 4992828 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions