How much money was awarded in case 4611409?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,161.43 awarded to landlord

What type of tenancy dispute was case 4611409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243271-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4611409?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,161.43 awarded to landlord

What type of tenancy dispute was case 4611409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243271-Tribunal_Order_Redacted.pdf.

17A Akehurst Avenue, New Lynn, Auckland 0600 Tenancy Tribunal Case 4611409 — Rent arrears

Q: What was Tenancy Tribunal case 4611409 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 4611409 — net $1,181.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,161.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,181.87
Total payable by Tenant to Landlord	$1,181.87

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Simi Michael and Tafaoata Michael owe [The landlord/s] $1181.87 as per the table below.

The Bond Centre is to pay $1,181.87 from the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond of $978.13 is to remain at the Bond Centre until any further claims are determined by the Tribunal or the parties reach an agreed position.

Simi Michael and Tafaoata Michael can apply for the remaining bond to be released to them if 4 above does not happen within a reasonable timeframe.

Reasons

The agent for the landlord attended the hearing which was held by phone. Neither tenant picked up the phone and the phones went to voice message.

This tenancy ended on 16 July 2023.

The landlord has applied for rent arrears, exemplary damages for the tenant smoking marijuana on the premises and reimbursement of the filing fee.

The landlord also seeks compensation for damages but this was not with the application and cannot be considered for this hearing.

The agent has provided rent records which prove the amount owing. The amount of rent arrears awarded is $1,161.43.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

The landlord says the tenant was warned in September 2022 for the smell of marijuana in the premises. A breach notice was then sent on 7 June 2023 when the tenant was found smoking marijuana in the premises.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

Smoking marijuana is a social issue and a matter for the police rather than the Tribunal. In this case, apart from the landlord being present and being caused upset, there is no quantification of harm provided for the landlord’s premises.

The Misuse of Drugs Act as it pertains to marijuana use is complex. Without further information, the Tribunal cannot be satisfied it is in the public interest to award exemplary damages.

This claim is dismissed.

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

The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.

The landlord has been substantially successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Claims and awards in Tenancy Tribunal application 4611409 — net $1,181.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,161.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,181.87
Total payable by Tenant to Landlord	$1,181.87

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Simi Michael and Tafaoata Michael owe [The landlord/s] $1181.87 as per the table below.
The Bond Centre is to pay $1,181.87 from the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $978.13 is to remain at the Bond Centre until any further claims are determined by the Tribunal or the parties reach an agreed position.
Simi Michael and Tafaoata Michael can apply for the remaining bond to be released to them if 4 above does not happen within a reasonable timeframe.

Reasons

The agent for the landlord attended the hearing which was held by phone. Neither tenant picked up the phone and the phones went to voice message.
This tenancy ended on 16 July 2023.
The landlord has applied for rent arrears, exemplary damages for the tenant smoking marijuana on the premises and reimbursement of the filing fee.
The landlord also seeks compensation for damages but this was not with the application and cannot be considered for this hearing.
The agent has provided rent records which prove the amount owing. The amount of rent arrears awarded is $1,161.43.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The landlord says the tenant was warned in September 2022 for the smell of marijuana in the premises. A breach notice was then sent on 7 June 2023 when the tenant was found smoking marijuana in the premises.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Smoking marijuana is a social issue and a matter for the police rather than the Tribunal. In this case, apart from the landlord being present and being caused upset, there is no quantification of harm provided for the landlord’s premises.
The Misuse of Drugs Act as it pertains to marijuana use is complex. Without further information, the Tribunal cannot be satisfied it is in the public interest to award exemplary damages.
This claim is dismissed.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
The landlord has been substantially successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Tenancy Tribunal case 4611409 — Rent arrears at 17A Akehurst Avenue, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4611409 — Rent arrears at 17A Akehurst Avenue, New Lynn, Auckland 0600

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