How much money was awarded in case 5011189?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,229.72 awarded to landlord

What type of tenancy dispute was case 5011189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5011189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034492-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5011189?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,229.72 awarded to landlord

What type of tenancy dispute was case 5011189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5011189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034492-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5011189 — Rent arrears

Q: What was Tenancy Tribunal case 5011189 about?

The tribunal order states: The tenancy of Sanjay Shankar at [Tenancy address suppressed] is terminated,

Order

Claims and awards in Tenancy Tribunal application 5011189 — net $2,040.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.11.24	$2,229.72	Rent arrears to 5.11.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,040.72
Total payable by Tenant to Landlord	$2,040.72

The tenancy of Sanjay Shankar at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 5 November 2024.

The Bond Centre is to pay the bond of $216.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Sanjay Shankar must pay [The landlord/s] $2,040.72 immediately, calculated as shown in the table below:

Reasons

Only the landlord, represented by [The landlord/s representative] attended the hearing. The tenant did not attend at the scheduled time. The start of the hearing was delayed, the matter was called again, however, there was still no appearance by the tenant. As the tenant had been notified, the hearing proceeded in his absence.

This tenancy began on 5 January 2021. The rent is $84.00 per week and a bond of $216.00 was paid. The tenancy premises is one of 5 units managed by the landlord, a social housing provider.

The landlord has applied for termination of the tenancy, rent arrears and payment from the bond. The landlord seeks termination on the basis of rent arrears and breaches by the tenant of his obligations.

Are there grounds for termination of the tenancy for breach?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Residential Tenancies Act 1986 (the RTA).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

In this case, the landlord states that another tenant (who occupied one of the other units managed by the landlord) alleged that the tenant was involved in the attempted theft of a motor vehicle. A written statement from the other tenant was provided. This incident has not been reported to police and the other tenant did not appear at the hearing to give evidence. No other corroborating evidence has been provided. The landlord states the tenant denies involvement.

As explained to the landlord, in the absence of persuasive evidence in support of this claim, the Tribunal declines to terminate the tenancy under section 56 of the RTA.

Should the tenancy be terminated for rent arrears?

While termination under section 56 has not been established, the landlord has provided sufficient evidence for the Tribunal to terminate the tenancy for rent arrears under section 55(1)(a) of the RTA. This is because rent was at least 21 days in arrears on the date the application was filed. At the date of the hearing, rent was well over 21 days in arrears. The landlord provided rent records and oral evidence in support.

Accordingly, the tenancy is terminated under section 55(1)(a) of the Residential Tenancies Act 1986.

The landlord’s rent records prove the amount owing at the end of the tenancy, which is awarded above. Filing fee and name suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The landlord’s request for name suppression is granted on the same basis.

Claims and awards in Tenancy Tribunal application 5011189 — net $2,040.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.11.24	$2,229.72	Rent arrears to 5.11.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,040.72
Total payable by Tenant to Landlord	$2,040.72

Order

The tenancy of Sanjay Shankar at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 5 November 2024.
The Bond Centre is to pay the bond of $216.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Sanjay Shankar must pay [The landlord/s] $2,040.72 immediately, calculated as shown in the table below:

Reasons

Only the landlord, represented by [The landlord/s representative] attended the hearing. The tenant did not attend at the scheduled time. The start of the hearing was delayed, the matter was called again, however, there was still no appearance by the tenant. As the tenant had been notified, the hearing proceeded in his absence.
This tenancy began on 5 January 2021. The rent is $84.00 per week and a bond of $216.00 was paid. The tenancy premises is one of 5 units managed by the landlord, a social housing provider.
The landlord has applied for termination of the tenancy, rent arrears and payment from the bond. The landlord seeks termination on the basis of rent arrears and breaches by the tenant of his obligations.

Are there grounds for termination of the tenancy for breach?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Residential Tenancies Act 1986 (the RTA).
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
In this case, the landlord states that another tenant (who occupied one of the other units managed by the landlord) alleged that the tenant was involved in the attempted theft of a motor vehicle. A written statement from the other tenant was provided. This incident has not been reported to police and the other tenant did not appear at the hearing to give evidence. No other corroborating evidence has been provided. The landlord states the tenant denies involvement.
As explained to the landlord, in the absence of persuasive evidence in support of this claim, the Tribunal declines to terminate the tenancy under section 56 of the RTA.

Should the tenancy be terminated for rent arrears?

While termination under section 56 has not been established, the landlord has provided sufficient evidence for the Tribunal to terminate the tenancy for rent arrears under section 55(1)(a) of the RTA. This is because rent was at least 21 days in arrears on the date the application was filed. At the date of the hearing, rent was well over 21 days in arrears. The landlord provided rent records and oral evidence in support.
Accordingly, the tenancy is terminated under section 55(1)(a) of the Residential Tenancies Act 1986.
The landlord’s rent records prove the amount owing at the end of the tenancy, which is awarded above. Filing fee and name suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord’s request for name suppression is granted on the same basis.

Tenancy Tribunal case 5011189 — Rent arrears

At a glance

Tenancy Tribunal case 5011189 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Are there grounds for termination of the tenancy for breach?

Should the tenancy be terminated for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Are there grounds for termination of the tenancy for breach?

Should the tenancy be terminated for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions