What was the outcome of Tenancy Tribunal case 5043291?

The tribunal order states: The tenancy of Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben

How much money was awarded in case 5043291?

Filing Fee: $27.00 awarded to landlord; Gas: $393.56 awarded to landlord; Rent Arrears: $6,794.96 awarded to landlord; Water Rates: $1,319.11 awarded to landlord

What type of tenancy dispute was case 5043291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11254271-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5043291?

The tribunal order states: The tenancy of Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben

How much money was awarded in case 5043291?

Filing Fee: $27.00 awarded to landlord; Gas: $393.56 awarded to landlord; Rent Arrears: $6,794.96 awarded to landlord; Water Rates: $1,319.11 awarded to landlord

What type of tenancy dispute was case 5043291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11254271-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 5043291 — Rent arrears

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Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 5043291 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5043291 — net $5,534.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,794.96	Rent arrears
Water rates	$1,319.11	Water rates
Gas	$393.56	Gas
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,534.63
Total payable by Tenant to Landlord	$5,534.63

Claims and awards for application 5043291 — net $5,534.63 NZD. Verify on MoJ.

Rent arrears

Amount: $6,794.96
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,319.11
Awarded to: Landlord
Reason: Water rates

Gas

Amount: $393.56
Awarded to: Landlord
Reason: Gas

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,534.63

Total payable by Tenant to Landlord

Landlord $5,534.63

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben Tustin and Conor Furseman at Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021 is terminated, and possession is granted to The Rent Shop Limited, at 11.59 am on Monday 6 January 2025.
The Bond Centre is to pay the bond of $3,000.00 (5508731-011) to The Rent Shop Limited immediately.
Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben Tustin and Conor Furseman must pay The Rent Shop Limited $5,534.63 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water and gas arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $6,794.96. The tenants raised issues as to the possibility of $200.00 being owing to the landlord by previous tenants. No supporting evidence was provided and, in this matter, I prefer the evidence of the landlord. I explained the concept of joint and several liability to the tenants. Where two or more parties are liable for the loss to another party, the joint and several liability rule holds that the tenants are individually liable for the total loss and are jointly liable for the total loss.
The landlord provide records which prove the amount owing for water to 12 November 2024 is $1,319.11 and for gas is $393.56 to 15 November 2024.
As The Rent Shop Limited has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the application for suppression is dismissed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5043291 — net $5,534.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,794.96	Rent arrears
Water rates	$1,319.11	Water rates
Gas	$393.56	Gas
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,534.63
Total payable by Tenant to Landlord	$5,534.63

Claims and awards for application 5043291 — net $5,534.63 NZD. Verify on MoJ.

Rent arrears

Amount: $6,794.96
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $1,319.11
Awarded to: Landlord
Reason: Water rates

Gas

Amount: $393.56
Awarded to: Landlord
Reason: Gas

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,534.63

Total payable by Tenant to Landlord

Landlord $5,534.63

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben Tustin and Conor Furseman at Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021 is terminated, and possession is granted to The Rent Shop Limited, at 11.59 am on Monday 6 January 2025.
The Bond Centre is to pay the bond of $3,000.00 (5508731-011) to The Rent Shop Limited immediately.
Flynn McShane, Jacklson Tucker, Jeremiah Fitzsimmons, Ben Tustin and Conor Furseman must pay The Rent Shop Limited $5,534.63 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water and gas arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $6,794.96. The tenants raised issues as to the possibility of $200.00 being owing to the landlord by previous tenants. No supporting evidence was provided and, in this matter, I prefer the evidence of the landlord. I explained the concept of joint and several liability to the tenants. Where two or more parties are liable for the loss to another party, the joint and several liability rule holds that the tenants are individually liable for the total loss and are jointly liable for the total loss.
The landlord provide records which prove the amount owing for water to 12 November 2024 is $1,319.11 and for gas is $393.56 to 15 November 2024.
As The Rent Shop Limited has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the application for suppression is dismissed.

Tenancy Tribunal case 5043291 — Rent arrears at Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021

At a glance

Tenancy Tribunal case 5043291 — Rent arrears at Unit/Flat 4, 36 Scanlan Street, Grey Lynn, Auckland 1021

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

Property management

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

Property management

Frequently asked questions