How much money was awarded in case 4576769?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $274.29 awarded to landlord; Water Rates: $224.98 awarded to landlord

What type of tenancy dispute was case 4576769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4576769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269740-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4576769?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $274.29 awarded to landlord; Water Rates: $224.98 awarded to landlord

What type of tenancy dispute was case 4576769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4576769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269740-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 12-14 Frostbite Place, Ranui, Auckland 0612 Tenancy Tribunal Case 4576769 — Rent arrears

Q: What was Tenancy Tribunal case 4576769 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 4576769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$274.29	Rent arrears
Water rates	$224.98	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

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 Okeroa Hohepa and William James Ross Glover at Unit/Flat 3, 12-14 Frostbite Place, Ranui, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 14 August 2023.

The Bond Centre is to pay the bond of $519.71 ([Bond number suppressed]) to [The landlord/s] immediately for rent arrears and water rates as set out in the table below.

The balance of the bond of $1,760.29 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing, the tenant did not.

The landlord has applied for termination of the tenancy, rent arrears, outgoings, exemplary damages for assigning the tenancy without the landlord’s consent, refund of the bond and reimbursement of the filing fee following the end of the tenancy.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy following a final payment of $600.00 from WINZ on Monday 14 August 2023, will be $274.29.

The landlord provided water rates invoices which prove the amount of water rates currently outstanding is $224.98.

[The landlord/s] claims the tenant has assigned the tenancy without prior written consent to do so.

A tenant may not assign the tenancy without the prior written consent of the landlord, see s. 43B Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 43B(3) and Schedule 1A Residential Tenancies Act 1986.

Section 2 of the Residential Tenancies Act 1986, states: assignment means a transfer to a person of all of the rights that a tenant has under a tenancy agreement.

In support of their claim the landlord has provided a “Change of tenant form” which records Okeroa Hohepa as a continuing tenant, and lists Rotohiko Ngahuru as a departing tenant. Okeroa Hohepa’s name is also written as a departing tenant, but this has then been crossed out. As a new tenant, the name of William James Ross Glover has been added.

The landlord also stated that at recent property inspections Okeroa Hohepa has not appeared to be living at the premises, and the only person occupying the premises is the William James Ross Glover.

However, there is evidence to suggest that Okeroa Hohepa is still a tenant even if she is not living at the premises all the time. A “Change of tenant form” rather than a form to assign a tenancy, has been used and filled out correctly. This indicates the Okeroa Hohepa’s intention has not been to transfer all of her rights in the tenancy. The information on the Change of tenant form also indicates that Okeroa Hohepa intended to retain her interests in the tenancy. Finally, the rent continuing to be paid, and large amounts of the arrears being cleared by WINZ, suggest that it is likely that the payments being made by WINZ are in the name of Okeroa Hohepa’s tenancy.

For these reasons I am not convinced that Okeroa Hohepa and Rotohiko Ngahuru transferred all of their rights as a tenant to William James Ross Glover, and I dismiss the landlord’s claim for exemplary damages under section 43B(3) of the Act.

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

Claims and awards in Tenancy Tribunal application 4576769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$274.29	Rent arrears
Water rates	$224.98	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement

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 Okeroa Hohepa and William James Ross Glover at Unit/Flat 3, 12-14 Frostbite Place, Ranui, Auckland 0612 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 14 August 2023.
The Bond Centre is to pay the bond of $519.71 ([Bond number suppressed]) to [The landlord/s] immediately for rent arrears and water rates as set out in the table below.
The balance of the bond of $1,760.29 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for termination of the tenancy, rent arrears, outgoings, exemplary damages for assigning the tenancy without the landlord’s consent, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy following a final payment of $600.00 from WINZ on Monday 14 August 2023, will be $274.29.
The landlord provided water rates invoices which prove the amount of water rates currently outstanding is $224.98.
[The landlord/s] claims the tenant has assigned the tenancy without prior written consent to do so.
A tenant may not assign the tenancy without the prior written consent of the landlord, see s. 43B Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 43B(3) and Schedule 1A Residential Tenancies Act 1986.
Section 2 of the Residential Tenancies Act 1986, states: assignment means a transfer to a person of all of the rights that a tenant has under a tenancy agreement.
In support of their claim the landlord has provided a “Change of tenant form” which records Okeroa Hohepa as a continuing tenant, and lists Rotohiko Ngahuru as a departing tenant. Okeroa Hohepa’s name is also written as a departing tenant, but this has then been crossed out. As a new tenant, the name of William James Ross Glover has been added.
The landlord also stated that at recent property inspections Okeroa Hohepa has not appeared to be living at the premises, and the only person occupying the premises is the William James Ross Glover.
However, there is evidence to suggest that Okeroa Hohepa is still a tenant even if she is not living at the premises all the time. A “Change of tenant form” rather than a form to assign a tenancy, has been used and filled out correctly. This indicates the Okeroa Hohepa’s intention has not been to transfer all of her rights in the tenancy. The information on the Change of tenant form also indicates that Okeroa Hohepa intended to retain her interests in the tenancy. Finally, the rent continuing to be paid, and large amounts of the arrears being cleared by WINZ, suggest that it is likely that the payments being made by WINZ are in the name of Okeroa Hohepa’s tenancy.
For these reasons I am not convinced that Okeroa Hohepa and Rotohiko Ngahuru transferred all of their rights as a tenant to William James Ross Glover, and I dismiss the landlord’s claim for exemplary damages under section 43B(3) of the Act.
Because [The landlord/s] has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4576769 — Rent arrears at Unit/Flat 3, 12-14 Frostbite Place, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4576769 — Rent arrears at Unit/Flat 3, 12-14 Frostbite Place, Ranui, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions