How much money was awarded in case 4512169?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,650.00 awarded to landlord

What type of tenancy dispute was case 4512169?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4512169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9308025-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4512169?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,650.00 awarded to landlord

What type of tenancy dispute was case 4512169?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4512169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9308025-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4512169 — Rent arrears

Q: What was Tenancy Tribunal case 4512169 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 4512169 — net $11,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,650.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,720.44
Total payable by Tenant to Landlord	$11,720.44

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

Kylian Johan Tuaea Kawharu must pay [The landlord/s] $11,720.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote teleconference hearing on 2 August and 6 August 2023.

The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord says that the tenant left the premises on 25 February 2023 and that the tenant left without giving the 28 days’ notice required under the Residential Tenancies Act 1986. The landlord seeks rent arrears to 25 February 2023, plus a further 28 days rent for the notice period.

The tenant says that he left the premises on 25 February 2023 having been told by the owner on 11 February 2023 that he must leave by 18 February 2023. The tenant says that this date was extended to the 25 th by agreement with the owner.

The landlord took over management of these premises on 20 February 2023.

At the first hearing, the tenant said that he may have evidence of the text message from the owner terminating the tenancy. An adjournment was granted to allow the tenant to provide that information. When the matter was called again, the tenant said that evidence of the text message was no longer available on his phone.

The landlord provided rent records which prove the amount owing on 25 February 2023 was $13,650.00, no rent having been paid since 27 October 2022.

The onus or job of proving this claim is on the landlord. They must prove the claim to the normal civil standard, the balance of probabilities, or the point where I am more satisfied than not that what the landlord is saying is correct. In crude mathematical terms, a landlord must prove the claim to the point where I am 51% sure that what they allege is correct. If they can only prove their claim to the point where I am 50% sure or less then the claim must as a matter of law fail.

I find based on the evidence of the rent summary, that the tenant had rent arrears of $13,650.00 on 25 February 2023. The tenant said in evidence that the property had an extensive range of defects that he had brought to the landlord’s attention without them being attended to. He had decided to withhold rent until the issues were resolved. A tenant may not simply withhold rent in those circumstances. They should pursue their rights under the RTA. The tenant chose not to do so. These proceedings were filed with the Tribunal on 27 February 2023. The tenant has had ample time to file a cross claim against the landlord and remains entitled to do so if he should so wish.

With regards to the extra 28 days rent, I think it is significant that there has been no evidence from the owner to contradict the tenant evidence that she told him to leave. I find that that part of the landlord claim has not been proved and is dismissed.

As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord details is ordered.

The tenant has not been wholly or substantially successful in this matter and the application for suppression of the tenant details is dismissed.

Claims and awards in Tenancy Tribunal application 4512169 — net $11,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,650.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,720.44
Total payable by Tenant to Landlord	$11,720.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Kylian Johan Tuaea Kawharu must pay [The landlord/s] $11,720.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote teleconference hearing on 2 August and 6 August 2023.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord says that the tenant left the premises on 25 February 2023 and that the tenant left without giving the 28 days’ notice required under the Residential Tenancies Act 1986. The landlord seeks rent arrears to 25 February 2023, plus a further 28 days rent for the notice period.
The tenant says that he left the premises on 25 February 2023 having been told by the owner on 11 February 2023 that he must leave by 18 February 2023. The tenant says that this date was extended to the 25 th by agreement with the owner.
The landlord took over management of these premises on 20 February 2023.
At the first hearing, the tenant said that he may have evidence of the text message from the owner terminating the tenancy. An adjournment was granted to allow the tenant to provide that information. When the matter was called again, the tenant said that evidence of the text message was no longer available on his phone.
The landlord provided rent records which prove the amount owing on 25 February 2023 was $13,650.00, no rent having been paid since 27 October 2022.
The onus or job of proving this claim is on the landlord. They must prove the claim to the normal civil standard, the balance of probabilities, or the point where I am more satisfied than not that what the landlord is saying is correct. In crude mathematical terms, a landlord must prove the claim to the point where I am 51% sure that what they allege is correct. If they can only prove their claim to the point where I am 50% sure or less then the claim must as a matter of law fail.
I find based on the evidence of the rent summary, that the tenant had rent arrears of $13,650.00 on 25 February 2023. The tenant said in evidence that the property had an extensive range of defects that he had brought to the landlord’s attention without them being attended to. He had decided to withhold rent until the issues were resolved. A tenant may not simply withhold rent in those circumstances. They should pursue their rights under the RTA. The tenant chose not to do so. These proceedings were filed with the Tribunal on 27 February 2023. The tenant has had ample time to file a cross claim against the landlord and remains entitled to do so if he should so wish.
With regards to the extra 28 days rent, I think it is significant that there has been no evidence from the owner to contradict the tenant evidence that she told him to leave. I find that that part of the landlord claim has not been proved and is dismissed.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord details is ordered.
The tenant has not been wholly or substantially successful in this matter and the application for suppression of the tenant details is dismissed.

Tenancy Tribunal case 4512169 — Rent arrears

At a glance

Tenancy Tribunal case 4512169 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Key findings

Frequently asked questions