What was Tenancy Tribunal case 4617570 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 4617570?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,515.71 awarded to landlord

What type of tenancy dispute was case 4617570?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298955-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4617570 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 4617570?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,515.71 awarded to landlord

What type of tenancy dispute was case 4617570?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298955-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4617570 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4617570 — net $2,040.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 July 2023	$2,515.71	Rent arrears to 7 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,040.15
Total payable by Tenant to Landlord	$2,040.15

Both parties attended the hearing which took place by telephone.

The landlord has applied for rent arrears.

The tenancy ended on 7 July 2023 and the tenant has left the premises.

The landlord is a registered social housing provider. The tenant occupied the premises and paid income related rent.

The landlord has provided rent records which show the income related rent throughout the tenancy and which prove the amount owing.

In particular, I record that rent increased significantly from mid-February 2023 until towards the end of April 2023. The landlord says this is because the tenant did not complete the forms required by MSD which calculate the assistance given for income related rent. This meant that for part of the tenancy the assistance the tenant got was changed significantly.

The landlord says that the tenant was advised of the forthcoming change at the same time as the landlord on 13 December 2022.

The tenant expressed that this sum is difficult for her to pay. However, this does not mean she is not responsible for it. The tenant is also unhappy that the landlord did not tell her about the arrears and was also frustrated about the way she had been told about the increase. However, I accept the landlord’s evidence that the tenant was told about the increase in December 2022. Tenants who have income related rent must ensure that the correct forms are completed when required by MSD to obtain the necessary financial assistance.

I therefore have ordered the arrears sought by the landlord.

I have directed that the bond be paid to the landlord from the Bond Centre. Filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord and tenant requested name suppression.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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 (s 95A(1), RTA). The landlord has been wholly successful and suppression is ordered for the landlord.

The tenant has not been successful. I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest (s 95A(4), RTA).

I am mindful that open justice is a fundamental principle in our legal system. The issue I need to consider here is whether suppressing the tenant’s name and identifying details outweighs the interest of the open justice reporting principle.

In my view, the application for name suppression ought to be declined for the following reasons: a. it is common for parties appearing before the tribunal to seek suppression orders. This is in itself not a sufficient reason to make the order; b. the dispute before me was not unusual or anything other than the ordinary business of the Tribunal; c. the open justice principle requires the outcome of the adjudication to be available to the public; and d. weighing up the interest of the parties and the public interest, the public interest outweighs the parties’ interest.

The application by the tenant for suppression is therefore declined.

Claims and awards in Tenancy Tribunal application 4617570 — net $2,040.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 July 2023	$2,515.71	Rent arrears to 7 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,040.15
Total payable by Tenant to Landlord	$2,040.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Fausia Ikenasio must pay [The landlord/s] $2,040.15 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which took place by telephone.
The landlord has applied for rent arrears.
The tenancy ended on 7 July 2023 and the tenant has left the premises.
The landlord is a registered social housing provider. The tenant occupied the premises and paid income related rent.
The landlord has provided rent records which show the income related rent throughout the tenancy and which prove the amount owing.
In particular, I record that rent increased significantly from mid-February 2023 until towards the end of April 2023. The landlord says this is because the tenant did not complete the forms required by MSD which calculate the assistance given for income related rent. This meant that for part of the tenancy the assistance the tenant got was changed significantly.
The landlord says that the tenant was advised of the forthcoming change at the same time as the landlord on 13 December 2022.
The tenant expressed that this sum is difficult for her to pay. However, this does not mean she is not responsible for it. The tenant is also unhappy that the landlord did not tell her about the arrears and was also frustrated about the way she had been told about the increase. However, I accept the landlord’s evidence that the tenant was told about the increase in December 2022. Tenants who have income related rent must ensure that the correct forms are completed when required by MSD to obtain the necessary financial assistance.
I therefore have ordered the arrears sought by the landlord.
I have directed that the bond be paid to the landlord from the Bond Centre. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord and tenant requested name suppression.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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 (s 95A(1), RTA). The landlord has been wholly successful and suppression is ordered for the landlord.
The tenant has not been successful. I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest (s 95A(4), RTA).
I am mindful that open justice is a fundamental principle in our legal system. The issue I need to consider here is whether suppressing the tenant’s name and identifying details outweighs the interest of the open justice reporting principle.
In my view, the application for name suppression ought to be declined for the following reasons: a. it is common for parties appearing before the tribunal to seek suppression orders. This is in itself not a sufficient reason to make the order; b. the dispute before me was not unusual or anything other than the ordinary business of the Tribunal; c. the open justice principle requires the outcome of the adjudication to be available to the public; and d. weighing up the interest of the parties and the public interest, the public interest outweighs the parties’ interest.
The application by the tenant for suppression is therefore declined.

Tenancy Tribunal case 4617570 — Rent arrears

At a glance

Tenancy Tribunal case 4617570 — Rent arrears

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