What was Tenancy Tribunal case 4565511 about?

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

How much money was awarded in case 4565511?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,691.43 awarded to landlord

What type of tenancy dispute was case 4565511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4565511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9212476-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4565511 about?

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

How much money was awarded in case 4565511?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,691.43 awarded to landlord

What type of tenancy dispute was case 4565511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4565511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9212476-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4565511 — Rent arrears

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New Zealand Tenancy Tribunal Case 4565511 — 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 4565511 — net $3,711.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2023	$3,691.43	Rent arrears to 19 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,711.87
Total payable by Tenant to Landlord	$3,711.87

Claims and awards for application 4565511 — net $3,711.87 NZD. Verify on MoJ.

Rent arrears to 19 June 2023

Amount: $3,691.43
Awarded to: Landlord
Reason: Rent arrears to 19 June 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,711.87

Total payable by Tenant to Landlord

Landlord $3,711.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[Tenant 2] is removed as a party.
[The tenant/s] must pay [The landlord/s] $3,711.87 immediately, being rent arrears and the filing fee as set out in the table:

Reasons

The landlord attended the hearing, represented by a property manager. [Tenant 1] did not answer the calls made to his telephone. [Tenant 2] took part in the hearing.
This hearing was adjourned so I could hear more evidence about a conversation [Tenant 2] and the office administrator had on 5 April 2023 about [Tenant 2] leaving the tenancy.
[Tenant 2] said she was asked to get two signatures – hers and [Tenant 1]’s – on a 28 day notice. She said she could not do this because they had separated. The property manager said [Tenant 2] was not told to get two signatures, and she was given plenty of opportunity after 5 April to sign a 28 day notice. However, the property manager was not at the 5 April meeting. The office manager did not give evidence at the hearing, and there are no contemporaneous records of the conversations with [Tenant 2].
I find [Tenant 2] has the better evidence of what she was told on 5 April. It seems most likely to me the office administrator gave the incorrect advice to [Tenant 2], because one signature would have been sufficient to end the periodic tenancy.
I find it would not be fair to make [Tenant 2] pay for rent arrears which accrued after 5 April because she did what was right, telling the landlord about the separation and her desire to be taken off the tenancy agreement. I find [Tenant 2] does not have any responsibility for rent after 5 April. I accept there is an argument that [Tenant 2] should pay half the rent for the 28 day notice period, however this is something that can be sorted between [Tenant 2] and [Tenant 1], as part of their separation.
This means the order for the rent arrears is made against [Tenant 1] alone. The landlord has provided rent records which prove the amount owing. The rent was in credit on 5 April 2023. The landlord has the best evidence of what was paid and orders are made for the arrears to 19 June 2023, when I granted possession.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion and allowed suppression for all parties. This is because of the nature of the separation and the need to provide names in this decision available to the parties. See section 95A RTA.

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 4565511 — net $3,711.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2023	$3,691.43	Rent arrears to 19 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,711.87
Total payable by Tenant to Landlord	$3,711.87

Claims and awards for application 4565511 — net $3,711.87 NZD. Verify on MoJ.

Rent arrears to 19 June 2023

Amount: $3,691.43
Awarded to: Landlord
Reason: Rent arrears to 19 June 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,711.87

Total payable by Tenant to Landlord

Landlord $3,711.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[Tenant 2] is removed as a party.
[The tenant/s] must pay [The landlord/s] $3,711.87 immediately, being rent arrears and the filing fee as set out in the table:

Reasons

The landlord attended the hearing, represented by a property manager. [Tenant 1] did not answer the calls made to his telephone. [Tenant 2] took part in the hearing.
This hearing was adjourned so I could hear more evidence about a conversation [Tenant 2] and the office administrator had on 5 April 2023 about [Tenant 2] leaving the tenancy.
[Tenant 2] said she was asked to get two signatures – hers and [Tenant 1]’s – on a 28 day notice. She said she could not do this because they had separated. The property manager said [Tenant 2] was not told to get two signatures, and she was given plenty of opportunity after 5 April to sign a 28 day notice. However, the property manager was not at the 5 April meeting. The office manager did not give evidence at the hearing, and there are no contemporaneous records of the conversations with [Tenant 2].
I find [Tenant 2] has the better evidence of what she was told on 5 April. It seems most likely to me the office administrator gave the incorrect advice to [Tenant 2], because one signature would have been sufficient to end the periodic tenancy.
I find it would not be fair to make [Tenant 2] pay for rent arrears which accrued after 5 April because she did what was right, telling the landlord about the separation and her desire to be taken off the tenancy agreement. I find [Tenant 2] does not have any responsibility for rent after 5 April. I accept there is an argument that [Tenant 2] should pay half the rent for the 28 day notice period, however this is something that can be sorted between [Tenant 2] and [Tenant 1], as part of their separation.
This means the order for the rent arrears is made against [Tenant 1] alone. The landlord has provided rent records which prove the amount owing. The rent was in credit on 5 April 2023. The landlord has the best evidence of what was paid and orders are made for the arrears to 19 June 2023, when I granted possession.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion and allowed suppression for all parties. This is because of the nature of the separation and the need to provide names in this decision available to the parties. See section 95A RTA.

Tenancy Tribunal case 4565511 — Rent arrears

At a glance

Tenancy Tribunal case 4565511 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions