How much money was awarded in case 4603911?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,856.00 awarded to landlord

What type of tenancy dispute was case 4603911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4603911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243650-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4603911?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,856.00 awarded to landlord

What type of tenancy dispute was case 4603911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4603911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243650-Tribunal_Order_Redacted.pdf.

37 Riverstone Drive, Riverstone Terraces, Upper Hutt 5018 Tenancy Tribunal Case 4603911 — Rent arrears

Q: What was Tenancy Tribunal case 4603911 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 4603911 — net $8,876.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.8.2023	$8,856.00	Rent arrears to 6.8.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,876.44
Total payable by Tenant to Landlord	$8,876.44

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 Kane Whare-Paikea-Teputu at 37 Riverstone Drive, Riverstone Terraces, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 6 August 2023.

Kane Whare-Paikea-Teputu must pay [The landlord/s] $8,876.44 immediately, calculated as shown in the table below.

Reasons

[The landlord’s representative/s] attended the hearing by teleconference on behalf of the landlord. Mr Whare-Paikea-Teputu also attended the hearing by teleconference. During the hearing it became apparent that Mr Whare-Paikea- Teputa had somebody with him, which turned out to be his legal representative from a community law centre, Ms Drew. There had been no notice provided to the Tribunal of Ms Drew’s attendance. Ms Drew said she was attending the hearing as Mr Whare-Paikea-Teputu’s support person. [The landlord’s representative/s] objected to Ms Drew attending the hearing as a legal representative, and said had she known, she may have obtained her own legal counsel for the hearing. [The landlord’s representative/s] then consented to Ms Drew attending the hearing as a silent support person for the tenant. The hearing proceeded on this basis.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

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 (“RTA”).

The landlord provided rent records which prove the amount owing to 30 July 2023 which is $8,006.06. Weekly rent is $850.00 so daily rent is $121.42/day. A further 7 days @ $121.42 is payable by the tenant from 31 July 2023 to 6 August 2023, for a sub-total of $849.94. Therefore, the tenant owes the landlord a total of $8,856.00 to 6 August 2023, which is the end of the tenancy.

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

The landlord requested suppression. As they are successful with their claim, the landlord is entitled to name suppression. See section 95A(1) RTA. Therefore, I order that the landlord’s name and identifying details are not to be published.

During the hearing, the tenant requested suppression. Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, 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.

The tenant has a young son living with him. He raised concerns about the safety of the tenancy living environment regarding heating and pest issues. He understood he can raise this as a separate issue in his own claim, if need be. However, he explained that he could not pay rent for a while, as he felt forced to move out until the landlord addressed the pest issue at the property. He moved back in once they had. I note the tenant still has not paid rent, nor has he arranged with WINZ for payment of rent arrears, since the landlord sorted out the pest issue and he moved back in about a month ago. The rent arrears amount is significant. Based on the evidence of ongoing non-payment of rent or arrears since the pest issues raised were addressed by the landlord, and the significant amount of rent arrears owing, I find here that the public interest outweighs the interest of the tenant in these circumstances. Therefore, I do not grant name suppression to the tenant.

Claims and awards in Tenancy Tribunal application 4603911 — net $8,876.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.8.2023	$8,856.00	Rent arrears to 6.8.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,876.44
Total payable by Tenant to Landlord	$8,876.44

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 Kane Whare-Paikea-Teputu at 37 Riverstone Drive, Riverstone Terraces, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 6 August 2023.
Kane Whare-Paikea-Teputu must pay [The landlord/s] $8,876.44 immediately, calculated as shown in the table below.

Reasons

[The landlord’s representative/s] attended the hearing by teleconference on behalf of the landlord. Mr Whare-Paikea-Teputu also attended the hearing by teleconference. During the hearing it became apparent that Mr Whare-Paikea- Teputa had somebody with him, which turned out to be his legal representative from a community law centre, Ms Drew. There had been no notice provided to the Tribunal of Ms Drew’s attendance. Ms Drew said she was attending the hearing as Mr Whare-Paikea-Teputu’s support person. [The landlord’s representative/s] objected to Ms Drew attending the hearing as a legal representative, and said had she known, she may have obtained her own legal counsel for the hearing. [The landlord’s representative/s] then consented to Ms Drew attending the hearing as a silent support person for the tenant. The hearing proceeded on this basis.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
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 (“RTA”).
The landlord provided rent records which prove the amount owing to 30 July 2023 which is $8,006.06. Weekly rent is $850.00 so daily rent is $121.42/day. A further 7 days @ $121.42 is payable by the tenant from 31 July 2023 to 6 August 2023, for a sub-total of $849.94. Therefore, the tenant owes the landlord a total of $8,856.00 to 6 August 2023, which is the end of the tenancy.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord requested suppression. As they are successful with their claim, the landlord is entitled to name suppression. See section 95A(1) RTA. Therefore, I order that the landlord’s name and identifying details are not to be published.
During the hearing, the tenant requested suppression. Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, 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.
The tenant has a young son living with him. He raised concerns about the safety of the tenancy living environment regarding heating and pest issues. He understood he can raise this as a separate issue in his own claim, if need be. However, he explained that he could not pay rent for a while, as he felt forced to move out until the landlord addressed the pest issue at the property. He moved back in once they had. I note the tenant still has not paid rent, nor has he arranged with WINZ for payment of rent arrears, since the landlord sorted out the pest issue and he moved back in about a month ago. The rent arrears amount is significant. Based on the evidence of ongoing non-payment of rent or arrears since the pest issues raised were addressed by the landlord, and the significant amount of rent arrears owing, I find here that the public interest outweighs the interest of the tenant in these circumstances. Therefore, I do not grant name suppression to the tenant.

Tenancy Tribunal case 4603911 — Rent arrears at 37 Riverstone Drive, Riverstone Terraces, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4603911 — Rent arrears at 37 Riverstone Drive, Riverstone Terraces, Upper Hutt 5018

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