How much money was awarded in case 5286200?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5286200?

The dispute type was not classified.

Where can I read the official tribunal order for case 5286200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12047875-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5286200?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5286200?

The dispute type was not classified.

Where can I read the official tribunal order for case 5286200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12047875-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 55B Mains Avenue, Kensington, Whangarei Tenancy Tribunal Case 5286200 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5286200?

The tribunal order states: The tenancy of Irene Edwards at Unit/Flat Flat 1, 55B Mains Avenue, Kensington,

Order

Claims and awards in Tenancy Tribunal application 5286200 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenancy of Irene Edwards at Unit/Flat Flat 1, 55B Mains Avenue, Kensington, Whangarei 0112 is terminated, and possession is granted to Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri, at 5:00pm on Monday 30 June 2025.

Irene Edwards must pay Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations to vacate when she has been issued with a lawful 90-day notice ending the tenancy.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by failing to quit the premise after being issued with a lawful 90-day notice on 12 February 2025 requiring the tenant to have moved out of the premise on or by 20 May 2025. He has refused to move out and is still in possession of the property. She says she has stayed as she has not yet found anywhere to move to and that she has tried hard to find new accommodation.

The breach is not capable of remedy because the landlord requires possession of the property and is not willing to grant the tenant anymore extensions to the end of tenancy date it has given the tenant.

In all the circumstances it would be inequitable to refuse to terminate the tenancy as under s51(1) of the RTA the landlord is entitled to terminate a periodic tenancy by giving at least 90 days’ notice. It has done so.

The tenancy is terminated, and possession granted back to the landlord from 5pm this evening.

The tenancy will end on Wednesday 2 July 2025 because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until the morning of Thursday 3 July 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain, to clean it and return the keys to the Barfoot and Thompson offices on Thursday morning .

The tenant says the notice is retaliatory, as the landlord does not want to have to have the house healthy homes standards compliant by 1 July 2025. She also claims the landlord has breached its repair and maintenance and its healthy homes standards obligations. I have informed the tenant that she may make her own application to have these claims heard in a face-to-face hearing in Whangarei, but that I am unable to hear her claims today as she has not made a cross application. She confirmed to me that she wants to make a cross application but did not know how to do so. The tenant can make on online or paper based application.

The tenant can make an online application by following the instructions on https://dispute.tenancy.govt.nz/app/Extra/TenancyTribunal/Default.aspx?sid =638868847785371964.

The tenant can make a paper based application by following the instructions on https://www.tenancy.govt.nz/disputes/tribunal/making-an-application/ and looking at the section “make an application on paper”. The tenant could go to the local Citizens Advice Bureau or Community Law centre for assistance with completing the paper based form. Reimbursement of the filing fee

Because Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5286200 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Irene Edwards at Unit/Flat Flat 1, 55B Mains Avenue, Kensington, Whangarei 0112 is terminated, and possession is granted to Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri, at 5:00pm on Monday 30 June 2025.
Irene Edwards must pay Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri $27.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations to vacate when she has been issued with a lawful 90-day notice ending the tenancy.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by failing to quit the premise after being issued with a lawful 90-day notice on 12 February 2025 requiring the tenant to have moved out of the premise on or by 20 May 2025. He has refused to move out and is still in possession of the property. She says she has stayed as she has not yet found anywhere to move to and that she has tried hard to find new accommodation.
The breach is not capable of remedy because the landlord requires possession of the property and is not willing to grant the tenant anymore extensions to the end of tenancy date it has given the tenant.
In all the circumstances it would be inequitable to refuse to terminate the tenancy as under s51(1) of the RTA the landlord is entitled to terminate a periodic tenancy by giving at least 90 days’ notice. It has done so.
The tenancy is terminated, and possession granted back to the landlord from 5pm this evening.
The tenancy will end on Wednesday 2 July 2025 because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until the morning of Thursday 3 July 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain, to clean it and return the keys to the Barfoot and Thompson offices on Thursday morning .
The tenant says the notice is retaliatory, as the landlord does not want to have to have the house healthy homes standards compliant by 1 July 2025. She also claims the landlord has breached its repair and maintenance and its healthy homes standards obligations. I have informed the tenant that she may make her own application to have these claims heard in a face-to-face hearing in Whangarei, but that I am unable to hear her claims today as she has not made a cross application. She confirmed to me that she wants to make a cross application but did not know how to do so. The tenant can make on online or paper based application.
The tenant can make an online application by following the instructions on https://dispute.tenancy.govt.nz/app/Extra/TenancyTribunal/Default.aspx?sid =638868847785371964.
The tenant can make a paper based application by following the instructions on https://www.tenancy.govt.nz/disputes/tribunal/making-an-application/ and looking at the section “make an application on paper”. The tenant could go to the local Citizens Advice Bureau or Community Law centre for assistance with completing the paper based form. Reimbursement of the filing fee
Because Barfoot & Thompson Limited On Behalf Of Rattiya Iamsri-Urai & Panurat Noulsri has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5286200 — Tenancy dispute at Unit/Flat Flat 1, 55B Mains Avenue, Kensington, Whangarei

At a glance

Tenancy Tribunal case 5286200 — Tenancy dispute at Unit/Flat Flat 1, 55B Mains Avenue, Kensington, Whangarei

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