What was Tenancy Tribunal case 4637770 about?

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

How much money was awarded in case 4637770?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,450.00 awarded to landlord

What type of tenancy dispute was case 4637770?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4637770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373562-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4637770 about?

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

How much money was awarded in case 4637770?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,450.00 awarded to landlord

What type of tenancy dispute was case 4637770?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4637770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373562-Tenancy_Tribunal_Order.pdf.

160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289 Tenancy Tribunal Case 4637770 — Rent arrears

Tenantcheck Insights

160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289 Tenancy Tribunal Case 4637770 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4637770 — net $12,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 August 2023	$12,450.00	Rent arrears (to 27 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,470.44
Total payable by Tenant to Landlord	$12,470.44

Claims and awards for application 4637770 — net $12,470.44 NZD. Verify on MoJ.

Rent arrears (to 27 August 2023

Amount: $12,450.00
Awarded to: Landlord
Reason: Rent arrears (to 27 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $12,470.44

Total payable by Tenant to Landlord

Landlord $12,470.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] and Kirstin Gayle Smith as Trustees for JB Family Trust $12,470.44, calculated as shown in table below: DescriptionLandlord Rent arrears (to 27 August 2023)$12,450.00 Filing fee reimbursement$20.44 Total award$12,470.44 Total payable by Tenant to Landlord$12,470.44
Enforcement of Order 2 is stayed pending a cross-application by the tenants. a. If the tenants submit a cross-application before 5pm on Monday 11 September 2023, enforcement of Order 2 is stayed until the cross application has been determined by the Tribunal. b. If the tenants do not submit a cross-application before 5pm on Monday 11 September 2023, Order 2 is enforceable from Tuesday, 12 September 2023.

Reasons

Both parties attended the hearing which was held by telephone.
The landlord had applied for termination of tenancy and rent arrears. The tenancy ended before the hearing. The only issue before me was the landlord’s claim for rent arrears. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant acknowledged that it had not paid rent and said that was because of issues with the property and the landlord. A tenant cannot stop paying rent because it has complaints against a landlord. If the tenant believes that it has a claim, it should submit an application to the Tribunal setting out the alleged breaches of the landlord’s obligations.
The tenant has not yet filed a cross application but said that it will do so within a week. The tenant’s application should also refer to this application number (4637770).
I declined the tenant’s adjournment request but have directed that enforcement of Order 2 above is stayed until the tenant has had time to lodge a cross application with the Tribunal. a. If the tenant submits a cross-application before 5pm on Monday 11 September 2023, enforcement of Order 2 is stayed until the cross application has been determined by the Tribunal. b. If the tenant does not submit a cross-application before 5pm on Monday 11 September 2023, Order 2 is enforceable from Tuesday, 12 September 2023.
As the landlord succeeded with its claim for rent arrears, I have awarded reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4637770 — net $12,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 August 2023	$12,450.00	Rent arrears (to 27 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,470.44
Total payable by Tenant to Landlord	$12,470.44

Claims and awards for application 4637770 — net $12,470.44 NZD. Verify on MoJ.

Rent arrears (to 27 August 2023

Amount: $12,450.00
Awarded to: Landlord
Reason: Rent arrears (to 27 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $12,470.44

Total payable by Tenant to Landlord

Landlord $12,470.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] and Kirstin Gayle Smith as Trustees for JB Family Trust $12,470.44, calculated as shown in table below: DescriptionLandlord Rent arrears (to 27 August 2023)$12,450.00 Filing fee reimbursement$20.44 Total award$12,470.44 Total payable by Tenant to Landlord$12,470.44
Enforcement of Order 2 is stayed pending a cross-application by the tenants. a. If the tenants submit a cross-application before 5pm on Monday 11 September 2023, enforcement of Order 2 is stayed until the cross application has been determined by the Tribunal. b. If the tenants do not submit a cross-application before 5pm on Monday 11 September 2023, Order 2 is enforceable from Tuesday, 12 September 2023.

Reasons

Both parties attended the hearing which was held by telephone.
The landlord had applied for termination of tenancy and rent arrears. The tenancy ended before the hearing. The only issue before me was the landlord’s claim for rent arrears. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant acknowledged that it had not paid rent and said that was because of issues with the property and the landlord. A tenant cannot stop paying rent because it has complaints against a landlord. If the tenant believes that it has a claim, it should submit an application to the Tribunal setting out the alleged breaches of the landlord’s obligations.
The tenant has not yet filed a cross application but said that it will do so within a week. The tenant’s application should also refer to this application number (4637770).
I declined the tenant’s adjournment request but have directed that enforcement of Order 2 above is stayed until the tenant has had time to lodge a cross application with the Tribunal. a. If the tenant submits a cross-application before 5pm on Monday 11 September 2023, enforcement of Order 2 is stayed until the cross application has been determined by the Tribunal. b. If the tenant does not submit a cross-application before 5pm on Monday 11 September 2023, Order 2 is enforceable from Tuesday, 12 September 2023.
As the landlord succeeded with its claim for rent arrears, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4637770 — Rent arrears at 160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289

At a glance

Tenancy Tribunal case 4637770 — Rent arrears at 160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions