What was Tenancy Tribunal case 4591010 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 4591010?

Filing Fee: $20.44 awarded to landlord; Forgiven Rent: $28.57 awarded to tenant; Rent Arrears: $1,160.00 awarded to landlord; Water Rates: $57.40 awarded to landlord

What type of tenancy dispute was case 4591010?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4591010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473762-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4591010 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 4591010?

Filing Fee: $20.44 awarded to landlord; Forgiven Rent: $28.57 awarded to tenant; Rent Arrears: $1,160.00 awarded to landlord; Water Rates: $57.40 awarded to landlord

What type of tenancy dispute was case 4591010?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4591010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473762-Tribunal_Order_Redacted.pdf.

20B Tui Street, Whakatane, Whakatane 3120 Tenancy Tribunal Case 4591010 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4591010 — net $1,209.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19 April 2023	$1,160.00		Rent arrears to 19 April 2023
Water rates	$57.40		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Forgiven rent		$28.57	Forgiven rent
Total award	$1,237.84	$28.57
Net award	$1,209.27
Total payable by Tenant to Landlord	$1,209.27

Both parties attended the hearing by teleconference.

The tenant applied for a refund of $875.00 from her bond of $1360.00

The landlord has applied for rent arrears of $1,131.43 and water rates of $57.40.

The tenant does not dispute the water rates, so I make an order accordingly. The landlord has provided the appropriate invoice.

What is the correct amount of rent due and owing?

There has been some confusion between the parties about the amount of rent arrears due and owing.

The landlord provided rent records from 13 March 2020 to 23 December 2021, and from 1 February 2023 to 19 April 2023. The landlord did not provide records from 18 December 2021 to 31 January 2023 as they were not managing the tenancy during this period. They have however provided confirmation from McDowell Real Estate that the tenant was paid in full up to 31 January 2023.

The tenant has provided her bank statements which covers the whole term of this tenancy and disputes the amount claimed by the landlord.

For clarification, the rent periods are as follows. 13 March 2020 to 13 May 2021 is 61 weeks @ $330.00 per week = $20,130.00. 14 May 2021 to 12 May 2022 is 52 weeks @ $340.00 per week = $17,680.00. 13 May 2022 to 19 April 2023 is 48 weeks and 6 days @ $360.00 per week = $17,588.57. Total rent due and owing for this tenancy is therefore $55,398.57.

On the landlord’s records, the amount of rent due for the period from 13 March 2020 to 23 December 2021 is $31,010.00. From 1 February 2023 to 19 April 2023 the amount of rent due is $4,011.43. The ‘missing period’ is from 24 December 2021 to 31 January 2023. From my calculation this is $20,377.14 (20 weeks at $340.00 and 37 weeks and 5 days at $360.00). Therefore, this totals the total rent due and owing of $55,398.57 as above.

The landlord records the tenant paid $33,890.00. If we assume the tenant paid in full for the missing period then she paid a further $20,377.14 which totals $54,267.14. This means the arrears are $1,131.43 as claimed by the landlord.

However, on the tenant’s bank statement, she paid a total of $54,238.57 which means the arrears are in fact $1,160.00.

The landlord confirmed they will forgive the difference of $28.57 which can be credited to the tenant.

As the landlord has wholly succeeded with the claim, the tenant must reimburse the landlord’s filing fee. Name suppression

The tenant applied for name suppression on her application form. The landlord did not.

Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.

The tenant has not been substantially successful in her claim for $875.00.

However, the Tribunal may exercise its discretion, and having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published (section 95A(4) RTA).

I find that in this case there was genuine confusion about the rent arrears caused by the change in property managers. Therefore, taking into consideration the parties’ interest, alongside that of the public interest, on balance I find that in the particular circumstances of this case, the tenant considerations outweigh other considerations. The application for suppression is granted.

Claims and awards in Tenancy Tribunal application 4591010 — net $1,209.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19 April 2023	$1,160.00		Rent arrears to 19 April 2023
Water rates	$57.40		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Forgiven rent		$28.57	Forgiven rent
Total award	$1,237.84	$28.57
Net award	$1,209.27
Total payable by Tenant to Landlord	$1,209.27

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The Bond Centre is to pay the bond of $1,360.00 ([Bond number suppressed]) immediately apportioned as shown in table below:

Reasons

Both parties attended the hearing by teleconference.
The tenant applied for a refund of $875.00 from her bond of $1360.00
The landlord has applied for rent arrears of $1,131.43 and water rates of $57.40.
The tenant does not dispute the water rates, so I make an order accordingly. The landlord has provided the appropriate invoice.

What is the correct amount of rent due and owing?

There has been some confusion between the parties about the amount of rent arrears due and owing.
The landlord provided rent records from 13 March 2020 to 23 December 2021, and from 1 February 2023 to 19 April 2023. The landlord did not provide records from 18 December 2021 to 31 January 2023 as they were not managing the tenancy during this period. They have however provided confirmation from McDowell Real Estate that the tenant was paid in full up to 31 January 2023.
The tenant has provided her bank statements which covers the whole term of this tenancy and disputes the amount claimed by the landlord.
For clarification, the rent periods are as follows. 13 March 2020 to 13 May 2021 is 61 weeks @ $330.00 per week = $20,130.00. 14 May 2021 to 12 May 2022 is 52 weeks @ $340.00 per week = $17,680.00. 13 May 2022 to 19 April 2023 is 48 weeks and 6 days @ $360.00 per week = $17,588.57. Total rent due and owing for this tenancy is therefore $55,398.57.
On the landlord’s records, the amount of rent due for the period from 13 March 2020 to 23 December 2021 is $31,010.00. From 1 February 2023 to 19 April 2023 the amount of rent due is $4,011.43. The ‘missing period’ is from 24 December 2021 to 31 January 2023. From my calculation this is $20,377.14 (20 weeks at $340.00 and 37 weeks and 5 days at $360.00). Therefore, this totals the total rent due and owing of $55,398.57 as above.
The landlord records the tenant paid $33,890.00. If we assume the tenant paid in full for the missing period then she paid a further $20,377.14 which totals $54,267.14. This means the arrears are $1,131.43 as claimed by the landlord.
However, on the tenant’s bank statement, she paid a total of $54,238.57 which means the arrears are in fact $1,160.00.
The landlord confirmed they will forgive the difference of $28.57 which can be credited to the tenant.
As the landlord has wholly succeeded with the claim, the tenant must reimburse the landlord’s filing fee. Name suppression
The tenant applied for name suppression on her application form. The landlord did not.
Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.
The tenant has not been substantially successful in her claim for $875.00.
However, the Tribunal may exercise its discretion, and having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published (section 95A(4) RTA).
I find that in this case there was genuine confusion about the rent arrears caused by the change in property managers. Therefore, taking into consideration the parties’ interest, alongside that of the public interest, on balance I find that in the particular circumstances of this case, the tenant considerations outweigh other considerations. The application for suppression is granted.

Tenancy Tribunal case 4591010 — Rent arrears at 20B Tui Street, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 4591010 — Rent arrears at 20B Tui Street, Whakatane, Whakatane 3120

At a glance

Award balance

Claims & awards

Order

Reasons

What is the correct amount of rent due and owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is the correct amount of rent due and owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions