How much money was awarded in case 4611549?

Rent Arrears: $2,235.00 awarded to landlord

What type of tenancy dispute was case 4611549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9363026-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4611549?

Rent Arrears: $2,235.00 awarded to landlord

What type of tenancy dispute was case 4611549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9363026-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4611549 — Rent arrears

Q: What was Tenancy Tribunal case 4611549 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4611549 — net $2,235.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.9.2023	$2,235.00	Rent arrears to 4.9.2023
Net award	$2,235.00
Total payable by Tenant to Landlord	$2,235.00

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

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 4 September 2023.

[The tenant/s] must pay [The landlord/s] $2,235.00 immediately, calculated as shown in the table below.

The tenant cross application for compensation in relation to breaches of the Healthy Homes Standards has been withdrawn at the tenant’s request.

All other claims are dismissed.

Reasons

Both parties attended the hearing with a representative for the landlord and one of the tenants attending.

The landlord has applied for termination of the tenancy and rent arrears.

The tenant who attended the hearing has filed a cross application regarding failure by the landlord to account for bond money paid. Further claims regarding compensation for breaches of the Healthy Homes Standards are withdrawn.

There is no dispute that rent was at least 21 days in arrears on the date the application was filed, and the tenancy should be terminated. The tenancy is so terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

The landlord provided rent records which prove the amount owing at the end of the tenancy

There was a dispute about the bond money, with the tenant proving at the hearing that WINZ made payments on her behalf directly to the landlord of $1,440 for bond which had not been taken into account by the landlord. I stood the matter down and when the hearing resumed, the landlord was able to confirm that the WINZ payments of $1,440 had indeed been made on 21 March 2023 but had not been given the correct tenancy reference which meant it was not credited to this tenancy. This sum has now been taken into account in finalising the rent arrears recorded in the above orders.

I acknowledge that the tenant who attended the hearing left the tenancy some time ago because of family violence, with her co-tenant remaining in occupation. She then ceased paying rent. The landlord had agreed to release her from the tenancy (which was a fixed term) provided her co-tenant agreed and all parties signed a notice of change of tenant. Unfortunately, the co-tenant did not sign the form and, therefore, both tenants remained jointly and severally liable for the rent arrears. The tenant may have been eligible to withdraw from the tenancy on account of family violence under section 56B RTA, but she did not pursue this remedy at the time.

I consider that the rent arrears arise from the unfortunate circumstances affecting the tenant present at the hearing, and it is not in the public interest that her name and identifying details be published. Therefore, orders are made suppressing her details. The landlord is also entitled to suppression because they substantially succeeded with their application.

Order

Claims and awards in Tenancy Tribunal application 4611549 — net $2,235.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.9.2023	$2,235.00	Rent arrears to 4.9.2023
Net award	$2,235.00
Total payable by Tenant to Landlord	$2,235.00

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

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 4 September 2023.

[The tenant/s] must pay [The landlord/s] $2,235.00 immediately, calculated as shown in the table below.

The tenant cross application for compensation in relation to breaches of the Healthy Homes Standards has been withdrawn at the tenant’s request.

All other claims are dismissed.

Reasons

Both parties attended the hearing with a representative for the landlord and one of the tenants attending.

The landlord has applied for termination of the tenancy and rent arrears.

The landlord provided rent records which prove the amount owing at the end of the tenancy

Tenancy Tribunal case 4611549 — Rent arrears

At a glance

Tenancy Tribunal case 4611549 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions