What was the outcome of Tenancy Tribunal case 5091688?

The tribunal order states: The tenancy of Dana-Lee Babe Schuler and Jason Neville Johnstone at Unit/Flat

How much money was awarded in case 5091688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,713.00 awarded to landlord; Rent Payable To 11.2.2025: $534.86 awarded to landlord

What type of tenancy dispute was case 5091688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11394684-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5091688?

The tribunal order states: The tenancy of Dana-Lee Babe Schuler and Jason Neville Johnstone at Unit/Flat

How much money was awarded in case 5091688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,713.00 awarded to landlord; Rent Payable To 11.2.2025: $534.86 awarded to landlord

What type of tenancy dispute was case 5091688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5091688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11394684-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch Tenancy Tribunal Case 5091688 — Rent arrears

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Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch Tenancy Tribunal Case 5091688 — 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 5091688 — net $7,134.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.2.2025	$8,713.00	Rent arrears to 4.2.2025
Rent payable to 11.2.2025	$534.86	Rent payable to 11.2.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,134.86
Total payable by Tenant to Landlord	$7,134.86

Claims and awards for application 5091688 — net $7,134.86 NZD. Verify on MoJ.

Rent arrears to 4.2.2025

Amount: $8,713.00
Awarded to: Landlord
Reason: Rent arrears to 4.2.2025

Rent payable to 11.2.2025

Amount: $534.86
Awarded to: Landlord
Reason: Rent payable to 11.2.2025

Filing fee reimbursement

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

Net award

Landlord $7,134.86

Total payable by Tenant to Landlord

Landlord $7,134.86

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Dana-Lee Babe Schuler and Jason Neville Johnstone at Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch 8051 is terminated, and possession is granted to Wongeoon Vast Limited, at 11.59pm on Tuesday 11 February 2025.
The Bond Centre is to pay the bond of $2,140.00 (5108256-004) to Wongeoon Vast Limited immediately.
Dana-Lee Babe Schuler and Jason Neville Johnstone must pay Wongeoon Vast Limited $7,134.86 immediately, calculated as shown in the table below:
00 Total award$9,274.86 less Bond$2,140.00 Total payable by Tenant to Landlord$7,134.86

Reasons

Both the landlord and tenant attended the hearing, which was conducted via teleconference. Mr Wongeoon represented the landlord. The guarantor could not be contacted on the number provided, with three phone calls being unanswered. As the guarantor had been notified, the hearing proceeded.
This tenancy began on 11 August 2024.
The landlord has applied for termination of the tenancy, rent arrears and payment from the bond.

Should the tenancy be terminated?

I am satisfied that the landlord has established the grounds for termination of the tenancy. 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 RTA). With the landlord’s consent, the tenancy is to end on Tuesday 11 February 2025. The tenant is liable for rent up to this date. Rent arrears
The landlord’s rent records prove the amount owing at the end of the tenancy, which is awarded above. Guarantor
Under the Residential Tenancies Act 1986 (the RTA) a guarantor is defined in Section 2 as: guarantor, in relation to a tenancy, means a person who guarantees the performance of the tenant’s obligations, or who indemnifies the landlord against loss that he or she may incur in respect of the tenancy, or who assumes liability for the performance of the obligations of the tenant, and guarantee has a corresponding meaning.
On 8 August 2024 Mr Johnstone, the guarantor, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. Specifically, the guarantor undertook to take responsibility “for anything the tenant is liable for during the tenancy.”
The Tribunal has ordered the tenant to pay $7,134.86 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) of the RTA. Filing fee
Because the landlord has been successful with its application, the tenant is to pay the landlord’s filing fee.

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 5091688 — net $7,134.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.2.2025	$8,713.00	Rent arrears to 4.2.2025
Rent payable to 11.2.2025	$534.86	Rent payable to 11.2.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,134.86
Total payable by Tenant to Landlord	$7,134.86

Claims and awards for application 5091688 — net $7,134.86 NZD. Verify on MoJ.

Rent arrears to 4.2.2025

Amount: $8,713.00
Awarded to: Landlord
Reason: Rent arrears to 4.2.2025

Rent payable to 11.2.2025

Amount: $534.86
Awarded to: Landlord
Reason: Rent payable to 11.2.2025

Filing fee reimbursement

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

Net award

Landlord $7,134.86

Total payable by Tenant to Landlord

Landlord $7,134.86

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Dana-Lee Babe Schuler and Jason Neville Johnstone at Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch 8051 is terminated, and possession is granted to Wongeoon Vast Limited, at 11.59pm on Tuesday 11 February 2025.
The Bond Centre is to pay the bond of $2,140.00 (5108256-004) to Wongeoon Vast Limited immediately.
Dana-Lee Babe Schuler and Jason Neville Johnstone must pay Wongeoon Vast Limited $7,134.86 immediately, calculated as shown in the table below:
00 Total award$9,274.86 less Bond$2,140.00 Total payable by Tenant to Landlord$7,134.86

Reasons

Both the landlord and tenant attended the hearing, which was conducted via teleconference. Mr Wongeoon represented the landlord. The guarantor could not be contacted on the number provided, with three phone calls being unanswered. As the guarantor had been notified, the hearing proceeded.
This tenancy began on 11 August 2024.
The landlord has applied for termination of the tenancy, rent arrears and payment from the bond.

Should the tenancy be terminated?

I am satisfied that the landlord has established the grounds for termination of the tenancy. 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 RTA). With the landlord’s consent, the tenancy is to end on Tuesday 11 February 2025. The tenant is liable for rent up to this date. Rent arrears
The landlord’s rent records prove the amount owing at the end of the tenancy, which is awarded above. Guarantor
Under the Residential Tenancies Act 1986 (the RTA) a guarantor is defined in Section 2 as: guarantor, in relation to a tenancy, means a person who guarantees the performance of the tenant’s obligations, or who indemnifies the landlord against loss that he or she may incur in respect of the tenancy, or who assumes liability for the performance of the obligations of the tenant, and guarantee has a corresponding meaning.
On 8 August 2024 Mr Johnstone, the guarantor, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. Specifically, the guarantor undertook to take responsibility “for anything the tenant is liable for during the tenancy.”
The Tribunal has ordered the tenant to pay $7,134.86 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) of the RTA. Filing fee
Because the landlord has been successful with its application, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 5091688 — Rent arrears at Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch

At a glance

Tenancy Tribunal case 5091688 — Rent arrears at Unit/Flat 1, 42 Marlene Street, Casebrook, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions