How much money was awarded in case 4564829?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,827.57 awarded to landlord

What type of tenancy dispute was case 4564829?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9163372-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4564829?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,827.57 awarded to landlord

What type of tenancy dispute was case 4564829?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9163372-Tribunal_Order_Redacted.pdf.

35 Shakespeare Avenue, Enderley, Hamilton 3214 Tenancy Tribunal Case 4564829 — Rent arrears

Q: What was Tenancy Tribunal case 4564829 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 4564829 — net $6,648.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,827.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,648.01
Total payable by Tenant to Landlord	$6,648.01

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

The tenancy of Daniel Adam Payne at 35 Shakespeare Avenue, Enderley, Hamilton 3214 is terminated, and possession is granted to [The landlord/s], immediately.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Daniel Adam Payne must pay [The landlord/s] $6,648.01 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant attended by telephone.

The landlord asked that the owners name be corrected to [owner’s name].

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The landlord has established grounds for the termination of the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.

The Tribunal first heard this application on 7June 2023 and found that $4055.16 was owing in rent to that date.

The hearing was adjourned to enable the tenant file a cross application. If a tenant is awarded any compensation this can be used to set off any rent owing.

The landlord provided an up to date rent records to the date of this hearing which prove the amount owing at the end of the tenancy. Tenant application

The tenant filed a cross application for compensation for living with mould and damp wet walls.

He stated that he had stopped paying rent because he was not happy with the condition of the premises. He said that the circumstances were so bad that it affected his relationships and a partner moved out.

It was agreed at the hearing that the premises were older, not double glazed and none of the windows had security stays. There was a heat pump installed by the landlord and an extractor fan and heat lamp in the bathroom.

On 5 June 2022, the tenant sent a text to the then property manager [property manager], telling her that “the walls were dripping wet and its coming into winter”.

The tenant said that he never got a reply, and nothing was done. The current property manager did not know if the matter had been followed up and said she had just seen the email.

The tenant said that there was mould in the bathroom and two bedrooms. He had cleaned them and repainted some of them, but it did not resolve the issue. No evidence of wet walls or mould in two bedrooms and the bathroom was provided.

No evidence of the tenant repainting the premises was produced.

The landlord provided inspection photos from an independent inspection which was conducted by the tenant. The format allowed the tenant to upload photos and post general comments. Nowhere did the tenant show or mention issues with the mould or dampness. In the general comments section the tenant recorded that “everything’s good.” No photos were uploaded by the tenant of mould or dampness.

The landlord conducted their own inspections routinely every 3 months after this date with no mould or dampness issues found. They received no 14 day notices to remedy this issue from the tenant.

The tenant said that he painted and cleaned up the mould areas and it was more of a problem in the winter months. No evidence of this was provided.

I find that the tenant was unable to provide evidence establishing that there were mould or dampness issues at the premises or that the landlord failed to maintain the premises. The tenant application for compensation is dismissed.

The landlord established that the tenant was at least 21 days in arrears on the date the application was filed and the tenant has not been awarded any compensation to offset this. The tenancy is therefore terminated immediately.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

[The landlord/s] applied for name suppression. Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

I find that [The landlord/s] wholly succeeded in the proceedings and therefore is entitled to name suppression by right. Name suppression is awarded.

Claims and awards in Tenancy Tribunal application 4564829 — net $6,648.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,827.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,648.01
Total payable by Tenant to Landlord	$6,648.01

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Daniel Adam Payne at 35 Shakespeare Avenue, Enderley, Hamilton 3214 is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Daniel Adam Payne must pay [The landlord/s] $6,648.01 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant attended by telephone.
The landlord asked that the owners name be corrected to [owner’s name].
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The landlord has established grounds for the termination of the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
The Tribunal first heard this application on 7June 2023 and found that $4055.16 was owing in rent to that date.
The hearing was adjourned to enable the tenant file a cross application. If a tenant is awarded any compensation this can be used to set off any rent owing.
The landlord provided an up to date rent records to the date of this hearing which prove the amount owing at the end of the tenancy. Tenant application
The tenant filed a cross application for compensation for living with mould and damp wet walls.
He stated that he had stopped paying rent because he was not happy with the condition of the premises. He said that the circumstances were so bad that it affected his relationships and a partner moved out.
It was agreed at the hearing that the premises were older, not double glazed and none of the windows had security stays. There was a heat pump installed by the landlord and an extractor fan and heat lamp in the bathroom.
On 5 June 2022, the tenant sent a text to the then property manager [property manager], telling her that “the walls were dripping wet and its coming into winter”.
The tenant said that he never got a reply, and nothing was done. The current property manager did not know if the matter had been followed up and said she had just seen the email.
The tenant said that there was mould in the bathroom and two bedrooms. He had cleaned them and repainted some of them, but it did not resolve the issue. No evidence of wet walls or mould in two bedrooms and the bathroom was provided.
No evidence of the tenant repainting the premises was produced.
The landlord provided inspection photos from an independent inspection which was conducted by the tenant. The format allowed the tenant to upload photos and post general comments. Nowhere did the tenant show or mention issues with the mould or dampness. In the general comments section the tenant recorded that “everything’s good.” No photos were uploaded by the tenant of mould or dampness.
The landlord conducted their own inspections routinely every 3 months after this date with no mould or dampness issues found. They received no 14 day notices to remedy this issue from the tenant.
The tenant said that he painted and cleaned up the mould areas and it was more of a problem in the winter months. No evidence of this was provided.
I find that the tenant was unable to provide evidence establishing that there were mould or dampness issues at the premises or that the landlord failed to maintain the premises. The tenant application for compensation is dismissed.
The landlord established that the tenant was at least 21 days in arrears on the date the application was filed and the tenant has not been awarded any compensation to offset this. The tenancy is therefore terminated immediately.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
[The landlord/s] applied for name suppression. Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
I find that [The landlord/s] wholly succeeded in the proceedings and therefore is entitled to name suppression by right. Name suppression is awarded.

Tenancy Tribunal case 4564829 — Rent arrears at 35 Shakespeare Avenue, Enderley, Hamilton 3214

At a glance

Tenancy Tribunal case 4564829 — Rent arrears at 35 Shakespeare Avenue, Enderley, Hamilton 3214

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions