How much money was awarded in case 4606149?

13 September 2023. If The Tenancy En…: $37.57 awarded to landlord

What type of tenancy dispute was case 4606149?

The primary dispute was Rent arrears. Related themes: Unit Titles.

Where can I read the official tribunal order for case 4606149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9381896-Tribunal_Order.pdf.

How much money was awarded in case 4606149?

13 September 2023. If The Tenancy En…: $37.57 awarded to landlord

What type of tenancy dispute was case 4606149?

The primary dispute was Rent arrears. Related themes: Unit Titles.

Where can I read the official tribunal order for case 4606149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9381896-Tribunal_Order.pdf.

H / 1 Caroline Street, Saint Marys Bay, Auckland 1011 Tenancy Tribunal Case 4606149 — Rent arrears

Q: What was Tenancy Tribunal case 4606149 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4606149. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
13 September 2023. If the tenancy ends earlier by mutual agreement the amount revises downwards accordingly by a daily r	$37.57		13 September 2023. If the tenancy ends earlier by mutual agreement the amount revises downwards accordingly by a daily r

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Blair Crowe must pay 360 Property Management Limited Acting Agent For Andrew & Richard Mcalister & Fox $977.86 immediately, being rent and rent arrears to Wednesday 13 September 2023. If the tenancy ends earlier by mutual agreement the amount revises downwards accordingly by a daily rate of $37.57.

This monetary order is inclusive of any rent discount and compensation received to date as well compensation to the end of the tenancy.

No other orders are made.

Reasons

Both parties attended the hearing, conducted over two teleconference hearings.

The landlord had applied for termination and rent arrears and has provided rent records which prove the amount owing.

The tenant sought an compensation and equitable set-off of rent arrears due to disruption of quiet enjoyment due to building work. His application was lodged too late to be considered at the first hearing, hence the adjournment.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Given the rent adjustment/discount, I do not consider any grounds for termination per s 56 are established and the landlord’s application for rent arrear only is addressed in this order.

There has clearly been some disruption to the tenant due to related building works. This has been recognised by the landlord through a rent reduction, but the tenant believed the calculation of that, and the duration offered, is not commensurate with the impact and he seeks further compensation.

Prior to the hearing today the tenant provided further photos and videos of impacts from the building work within the premises.

Having considered both submissions and the evidence, I find that the owner set discount of 50% is a fair compensation for those disturbances experienced by the tenant that pertain to this tenancy and the related parties. I do find however that the discount should apply from 22 July 2023 until the tenancy ends via the separate landlord notice to terminate of 13 September 2023.

As further consideration I also award a further sum of $525.00, based on one week rent, for further significant disruption to the tenant from other building disturbance from concurrent neighbouring apartment building activities, unrelated to the body corporate remediation/renovation building project that commenced 4 July 2023, and continues.

It has been a disruptive and challenging time for the tenant and his son, especially as they need to relocate from 13 September 2023 so more invasive work can be conducted within the premises. The tenant sought further damages, but I have not been provided with evidence that would support any such orders.

The ordered rent and rent arrears due to 13 September 2023 incorporates all discounts received and any further compensation as determined appropriate.

Order

Claims and awards in Tenancy Tribunal application 4606149. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
13 September 2023. If the tenancy ends earlier by mutual agreement the amount revises downwards accordingly by a daily r	$37.57		13 September 2023. If the tenancy ends earlier by mutual agreement the amount revises downwards accordingly by a daily r

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

This monetary order is inclusive of any rent discount and compensation received to date as well compensation to the end of the tenancy.

No other orders are made.

Reasons

Both parties attended the hearing, conducted over two teleconference hearings.

The landlord had applied for termination and rent arrears and has provided rent records which prove the amount owing.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Given the rent adjustment/discount, I do not consider any grounds for termination per s 56 are established and the landlord’s application for rent arrear only is addressed in this order.

Prior to the hearing today the tenant provided further photos and videos of impacts from the building work within the premises.

The ordered rent and rent arrears due to 13 September 2023 incorporates all discounts received and any further compensation as determined appropriate.

Tenancy Tribunal case 4606149 — Rent arrears at H / 1 Caroline Street, Saint Marys Bay, Auckland 1011

At a glance

Tenancy Tribunal case 4606149 — Rent arrears at H / 1 Caroline Street, Saint Marys Bay, Auckland 1011

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