How much money was awarded in case 5055970?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,950.00 awarded to landlord

What type of tenancy dispute was case 5055970?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5055970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223930-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5055970?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,950.00 awarded to landlord

What type of tenancy dispute was case 5055970?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5055970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223930-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 46 Morningside Drive, Mount Albert, Auckland Tenancy Tribunal Case 5055970 — Rent arrears

Q: What was Tenancy Tribunal case 5055970 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 1, 46 Morningside Drive, Mount Albert,

Order

Claims and awards in Tenancy Tribunal application 5055970 — net $3,517.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 December 2024	$4,950.00	Rent arrears to 16 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,517.00
Total payable by Tenant to Landlord	$3,517.00

The tenancy of [The tenant/s] at Unit/Flat 1, 46 Morningside Drive, Mount Albert, Auckland 1025 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Trust, [The landlord/s], at 11.59 pm on Monday 16 December 2024.

[The tenant/s] must pay Barfoot & Thompson Limited As Agent For Trust, [The landlord/s] $3,517.00 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $1,460.00 to Barfoot & Thompson Limited As Agent For Trust, [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference on 11 December 2024. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.

The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond. At the time the application was filed, the rent was at least 21 days in arrears, satisfying the termination threshold under section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”). Under this provision, the Tribunal must issue an order terminating the tenancy if rent arrears exceed this threshold, unless exceptional circumstances apply. No such circumstances are present in this case. Therefore, the tenancy is terminated, and the landlord is entitled to recover possession of the property.

The landlord provided rent records which prove the amount owing. and the Tribunal accepts this as reliable evidence of rent arrears. While acknowledging the timing of the application, close to the Christmas holiday period, the Tribunal notes that this does not override the landlord’s statutory right to terminate the tenancy. The timing may pose practical challenges, such as limited bailiff availability, but these do not negate the landlord’s entitlement to an order for immediate possession.

During the hearing, the landlord requested an opportunity to discuss with the property owner the option of deferring possession until January 2025 to mitigate potential difficulties. After a brief adjournment, the landlord confirmed that the owner wished to pursue immediate termination, citing several key reasons. Delaying possession until January would allow the tenant to accrue further arrears, increasing the financial burden on the landlord, who faces ongoing mortgage obligations. The tenant has shown no cooperation, failing to communicate, participate in mediation, or attend the hearing despite receiving proper notice. The RTA requires the Tribunal to resolve disputes in a fair and expeditious manner under section 85, and any further delays would contradict this mandate. Furthermore, the tenant retains the right to apply for a rehearing if they believe the decision is unfair.

Section 55(1)(a) of the RTA clearly states that the Tribunal shall make an order terminating the tenancy if rent arrears exceeded 21 days at the time the application was filed. This condition was met, and the arrears persisted as of the hearing date. While logistical delays, such as bailiff availability, may affect the enforcement of the possession order, these are operational issues that do not justify postponement of termination. Accordingly, immediate possession is granted.

As the landlord has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5055970 — net $3,517.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 December 2024	$4,950.00	Rent arrears to 16 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,517.00
Total payable by Tenant to Landlord	$3,517.00

Order

The tenancy of [The tenant/s] at Unit/Flat 1, 46 Morningside Drive, Mount Albert, Auckland 1025 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Trust, [The landlord/s], at 11.59 pm on Monday 16 December 2024.
[The tenant/s] must pay Barfoot & Thompson Limited As Agent For Trust, [The landlord/s] $3,517.00 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,460.00 to Barfoot & Thompson Limited As Agent For Trust, [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference on 11 December 2024. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond. At the time the application was filed, the rent was at least 21 days in arrears, satisfying the termination threshold under section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”). Under this provision, the Tribunal must issue an order terminating the tenancy if rent arrears exceed this threshold, unless exceptional circumstances apply. No such circumstances are present in this case. Therefore, the tenancy is terminated, and the landlord is entitled to recover possession of the property.
The landlord provided rent records which prove the amount owing. and the Tribunal accepts this as reliable evidence of rent arrears. While acknowledging the timing of the application, close to the Christmas holiday period, the Tribunal notes that this does not override the landlord’s statutory right to terminate the tenancy. The timing may pose practical challenges, such as limited bailiff availability, but these do not negate the landlord’s entitlement to an order for immediate possession.
During the hearing, the landlord requested an opportunity to discuss with the property owner the option of deferring possession until January 2025 to mitigate potential difficulties. After a brief adjournment, the landlord confirmed that the owner wished to pursue immediate termination, citing several key reasons. Delaying possession until January would allow the tenant to accrue further arrears, increasing the financial burden on the landlord, who faces ongoing mortgage obligations. The tenant has shown no cooperation, failing to communicate, participate in mediation, or attend the hearing despite receiving proper notice. The RTA requires the Tribunal to resolve disputes in a fair and expeditious manner under section 85, and any further delays would contradict this mandate. Furthermore, the tenant retains the right to apply for a rehearing if they believe the decision is unfair.
Section 55(1)(a) of the RTA clearly states that the Tribunal shall make an order terminating the tenancy if rent arrears exceeded 21 days at the time the application was filed. This condition was met, and the arrears persisted as of the hearing date. While logistical delays, such as bailiff availability, may affect the enforcement of the possession order, these are operational issues that do not justify postponement of termination. Accordingly, immediate possession is granted.
As the landlord has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Tenancy Tribunal case 5055970 — Rent arrears at Unit/Flat 1, 46 Morningside Drive, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 5055970 — Rent arrears at Unit/Flat 1, 46 Morningside Drive, Mount Albert, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions