How much money was awarded in case 5101673?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,063.57 awarded to landlord

What type of tenancy dispute was case 5101673?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5101673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11457696-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5101673?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,063.57 awarded to landlord

What type of tenancy dispute was case 5101673?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5101673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11457696-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5101673 — Rent arrears

Q: What was Tenancy Tribunal case 5101673 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5101673 — net $3,130.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/02/2025	$6,063.57	Rent arrears to 19/02/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,130.57
Total payable by Tenant to Landlord	$3,130.57

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Joy Peggy Toxopeus and Jai Hills at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at

59 pm on Wednesday 19 February 2025.

Joy Peggy Toxopeus and Jai Hills must pay [The landlord/s] $3,130.57 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, which was conducted via video conference. The tenants did not attend, and prior communication to the Tribunal confirmed that they would not be present. I am satisfied that the tenants were properly notified of the hearing and that service of the hearing notice was conducted in accordance with legal requirements. Given this, I deemed it reasonable to proceed with the hearing in their absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent 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.

Based on the evidence presented, the landlord has established grounds for termination under section 56. As the rent arrears exceed 21 days at the time of the hearing, the statutory requirements for termination are met. Additionally, section 55 mandates termination in cases where rent is unpaid for more than 21 days unless there are exceptional circumstances, which have not been demonstrated here. Given the significant arrears and the absence of any evidence justifying a departure from the statutory provisions, I find that termination of the tenancy is warranted.

Accordingly, the tenancy is hereby terminated with immediate effect.

How much do the tenants owe?

In support of this claim, the landlord provided a rent summary demonstrating that the tenants have fallen significantly behind in their payments. The evidence establishes an outstanding balance of $6,063.57. Other matters

In communication to the Tribunal prior to the hearing, the tenants have raised concerns regarding the accuracy of the rent summary and have also referenced other issues related to the property. However, these matters do not preclude the Tribunal from addressing the landlord’s application for termination. Should the tenants wish to pursue their concerns, the appropriate course of action is for them to file their own application with the Tribunal. Additionally, if they wish to challenge the accuracy of the rent summary relied upon in these proceedings, they may apply for a rehearing, but any such application must be supported by robust evidence demonstrating errors in the landlord’s records. Filing fee and suppression order

As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee, and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5101673 — net $3,130.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/02/2025	$6,063.57	Rent arrears to 19/02/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,130.57
Total payable by Tenant to Landlord	$3,130.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Joy Peggy Toxopeus and Jai Hills at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
59 pm on Wednesday 19 February 2025.
Joy Peggy Toxopeus and Jai Hills must pay [The landlord/s] $3,130.57 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, which was conducted via video conference. The tenants did not attend, and prior communication to the Tribunal confirmed that they would not be present. I am satisfied that the tenants were properly notified of the hearing and that service of the hearing notice was conducted in accordance with legal requirements. Given this, I deemed it reasonable to proceed with the hearing in their absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent 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.
Based on the evidence presented, the landlord has established grounds for termination under section 56. As the rent arrears exceed 21 days at the time of the hearing, the statutory requirements for termination are met. Additionally, section 55 mandates termination in cases where rent is unpaid for more than 21 days unless there are exceptional circumstances, which have not been demonstrated here. Given the significant arrears and the absence of any evidence justifying a departure from the statutory provisions, I find that termination of the tenancy is warranted.
Accordingly, the tenancy is hereby terminated with immediate effect.

How much do the tenants owe?

In support of this claim, the landlord provided a rent summary demonstrating that the tenants have fallen significantly behind in their payments. The evidence establishes an outstanding balance of $6,063.57. Other matters
In communication to the Tribunal prior to the hearing, the tenants have raised concerns regarding the accuracy of the rent summary and have also referenced other issues related to the property. However, these matters do not preclude the Tribunal from addressing the landlord’s application for termination. Should the tenants wish to pursue their concerns, the appropriate course of action is for them to file their own application with the Tribunal. Additionally, if they wish to challenge the accuracy of the rent summary relied upon in these proceedings, they may apply for a rehearing, but any such application must be supported by robust evidence demonstrating errors in the landlord’s records. Filing fee and suppression order
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee, and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5101673 — Rent arrears

At a glance

Tenancy Tribunal case 5101673 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions