What was the outcome of Tenancy Tribunal case 5091108?

The tribunal order states: The tenancy of Nicole Carseldine at Unit/Flat Apartment 202, 155 Beaumont

How much money was awarded in case 5091108?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,017.86 awarded to landlord; Water Rates: $75.13 awarded to landlord

What type of tenancy dispute was case 5091108?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11474377-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5091108?

The tribunal order states: The tenancy of Nicole Carseldine at Unit/Flat Apartment 202, 155 Beaumont

How much money was awarded in case 5091108?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,017.86 awarded to landlord; Water Rates: $75.13 awarded to landlord

What type of tenancy dispute was case 5091108?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11474377-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 202, 155 Beaumont Street, Auckland Tenancy Tribunal Case 5091108 — Rent arrears

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Unit/Flat Apartment 202, 155 Beaumont Street, Auckland Tenancy Tribunal Case 5091108 — 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 5091108 — net $6,619.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/2/25	$9,017.86	7. He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrear…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 31/12/24	$75.13	Water rates to 31/12/24
Net award	$6,619.99
Total payable by Tenant to Landlord	$6,619.99

Claims and awards for application 5091108 — net $6,619.99 NZD. Verify on MoJ.

Rent arrears to 24/2/25

Amount: $9,017.86
Awarded to: Landlord
Reason: 7. He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrear…

Filing fee reimbursement

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

Water rates to 31/12/24

Amount: $75.13
Awarded to: Landlord
Reason: Water rates to 31/12/24

Net award

Landlord $6,619.99

Total payable by Tenant to Landlord

Landlord $6,619.99

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Nicole Carseldine at Unit/Flat Apartment 202, 155 Beaumont Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Crockers Property Management Limited, at 11.59pm today, 24 February 2025.
The Bond Centre is to pay the bond of $2,500.00 (6443983-002) to Crockers Property Management Limited immediately.
Nicole Carseldine must pay Crockers Property Management Limited $6,619.99 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing represented by Mr Jiang.
Ms Carseldine did not attend the hearing. The phone number she supplied was called twice during the hearing however the calls were not answered.
She had emailed the Tribunal on the morning of the hearing to say she could not attend as she was working. I had registry email her and ask her to attend by phone and/or provide any written statements in advance of the hearing, however she did not reply.
Ms Carseldine was emailed notice of the hearing to the email address she provided on 11 December 2024. She was reminded by text to the number she provided on 19 and 23 February. I am therefore satisfied Ms Carseldine has been made aware of the hearing and how to attend or apply for an adjournment.
Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence. Landlord’s claim
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond. Mr Jiang’s evidence is that Ms Carseldine has not paid rent since they took over management of the tenancy in November 2024. He has checked with the previous property management company, and they have not received any rent for this period either.
He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrears, water rates arrears and compensation.
He further says they have tried calling, texting and emailing Ms Carseldine however she has not responded to them until recently. Last week she asked for the documents which he sent to her and today she asked for the rent summary again which he also provided her. Despite this she has not paid any rent in some months.

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) RTA.
Rent is well over 21 days in arrears at the hearing date. Accordingly, the tenancy is terminated, effective immediately given the high state of arrears.

How much does the tenant owe?

The landlord provided rent records and water invoices which prove the amounts owing at the end of the tenancy.
Because Crockers Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be transferred to the landlord in part payment of the debt.

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 5091108 — net $6,619.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/2/25	$9,017.86	7. He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrear…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 31/12/24	$75.13	Water rates to 31/12/24
Net award	$6,619.99
Total payable by Tenant to Landlord	$6,619.99

Claims and awards for application 5091108 — net $6,619.99 NZD. Verify on MoJ.

Rent arrears to 24/2/25

Amount: $9,017.86
Awarded to: Landlord
Reason: 7. He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrear…

Filing fee reimbursement

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

Water rates to 31/12/24

Amount: $75.13
Awarded to: Landlord
Reason: Water rates to 31/12/24

Net award

Landlord $6,619.99

Total payable by Tenant to Landlord

Landlord $6,619.99

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Nicole Carseldine at Unit/Flat Apartment 202, 155 Beaumont Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Crockers Property Management Limited, at 11.59pm today, 24 February 2025.
The Bond Centre is to pay the bond of $2,500.00 (6443983-002) to Crockers Property Management Limited immediately.
Nicole Carseldine must pay Crockers Property Management Limited $6,619.99 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing represented by Mr Jiang.
Ms Carseldine did not attend the hearing. The phone number she supplied was called twice during the hearing however the calls were not answered.
She had emailed the Tribunal on the morning of the hearing to say she could not attend as she was working. I had registry email her and ask her to attend by phone and/or provide any written statements in advance of the hearing, however she did not reply.
Ms Carseldine was emailed notice of the hearing to the email address she provided on 11 December 2024. She was reminded by text to the number she provided on 19 and 23 February. I am therefore satisfied Ms Carseldine has been made aware of the hearing and how to attend or apply for an adjournment.
Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence. Landlord’s claim
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond. Mr Jiang’s evidence is that Ms Carseldine has not paid rent since they took over management of the tenancy in November 2024. He has checked with the previous property management company, and they have not received any rent for this period either.
He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against Ms Carseldine for rent arrears, water rates arrears and compensation.
He further says they have tried calling, texting and emailing Ms Carseldine however she has not responded to them until recently. Last week she asked for the documents which he sent to her and today she asked for the rent summary again which he also provided her. Despite this she has not paid any rent in some months.

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) RTA.
Rent is well over 21 days in arrears at the hearing date. Accordingly, the tenancy is terminated, effective immediately given the high state of arrears.

How much does the tenant owe?

The landlord provided rent records and water invoices which prove the amounts owing at the end of the tenancy.
Because Crockers Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be transferred to the landlord in part payment of the debt.

Tenancy Tribunal case 5091108 — Rent arrears at Unit/Flat Apartment 202, 155 Beaumont Street, Auckland

At a glance

Tenancy Tribunal case 5091108 — Rent arrears at Unit/Flat Apartment 202, 155 Beaumont Street, Auckland

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