How much money was awarded in case 4638329?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,071.41 awarded to landlord

What type of tenancy dispute was case 4638329?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9351354-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4638329?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,071.41 awarded to landlord

What type of tenancy dispute was case 4638329?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9351354-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 65 Knighton Road, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4638329 — Rent arrears

Q: What was Tenancy Tribunal case 4638329 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 4638329 — net $5,091.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,071.41	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,091.85
Total payable by Tenant to Landlord	$5,091.85

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

The tenancy of [The tenant/s] at Unit/Flat 2, 65 Knighton Road, Hillcrest, Hamilton 3216 is terminated, and possession is granted to Eves Realty Limited As Agent For Dynasty 57 Ltd, at 11:59pm on Sunday 3 September 2023.

[The tenant/s] must pay Eves Realty Limited As Agent For Dynasty 57 Ltd $5,091.85 immediately, calculated as shown in the table below:

Reasons

Ms Nixon attended the hearing by teleconference on behalf of the landlord. [Tenant 1], one of the tenants, also attended the teleconference. [Tenant 2], the other tenant, could not initially be reached for the teleconference but attended the landlord’s office to join the hearing later, along with her sister, [The support person/people], as her support person.

The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing to 28 August 2023, which is $4,608.57. Weekly rent is $540.00 so daily rent is $77.14. A further 6 days’ rent @ $77.14/day is payable from 29 August 2023 to 3 September 2023, for a sub-total of $462.84. Therefore, the tenants owe a total of $5,071.41 in rent to Sunday 3 September 2023, which is the end of the tenancy.

As the landlord has been successful with the claim, I must reimburse the filing fee.

During the hearing, [Tenant 1], requested suppression. He said he and [Tenant 2] separated and he left the tenancy property around 3 or 4 March 2023. [Tenant 2] confirmed he had left the property. The documentation required to remove [Tenant 1] from the tenancy was not fully completed before the hearing.

Section 95A(4) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witnesses or party not be published.

From the rent summary, it appears that rent payments were fairly regular and were in credit to some degree, until June 2023, when [Tenant 2] said she lost her income. Whilst [Tenant 1] is still technically a tenant, due to the Tenancy Agreement, he has not lived at the property for several months, as acknowledged by all parties, and left when the rent situation appeared to be fairly stable. As such, I find that [Tenant 1]’s interests outweigh the public interest in publishing his name. Further, [Tenant 1] is likely to be identified potentially by association with [Tenant 2], due to their former relationship. Therefore, in the circumstances I order that both tenants’ names and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4638329 — net $5,091.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,071.41	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,091.85
Total payable by Tenant to Landlord	$5,091.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
The tenancy of [The tenant/s] at Unit/Flat 2, 65 Knighton Road, Hillcrest, Hamilton 3216 is terminated, and possession is granted to Eves Realty Limited As Agent For Dynasty 57 Ltd, at 11:59pm on Sunday 3 September 2023.
[The tenant/s] must pay Eves Realty Limited As Agent For Dynasty 57 Ltd $5,091.85 immediately, calculated as shown in the table below:

Reasons

Ms Nixon attended the hearing by teleconference on behalf of the landlord. [Tenant 1], one of the tenants, also attended the teleconference. [Tenant 2], the other tenant, could not initially be reached for the teleconference but attended the landlord’s office to join the hearing later, along with her sister, [The support person/people], as her support person.
The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing to 28 August 2023, which is $4,608.57. Weekly rent is $540.00 so daily rent is $77.14. A further 6 days’ rent @ $77.14/day is payable from 29 August 2023 to 3 September 2023, for a sub-total of $462.84. Therefore, the tenants owe a total of $5,071.41 in rent to Sunday 3 September 2023, which is the end of the tenancy.
As the landlord has been successful with the claim, I must reimburse the filing fee.
During the hearing, [Tenant 1], requested suppression. He said he and [Tenant 2] separated and he left the tenancy property around 3 or 4 March 2023. [Tenant 2] confirmed he had left the property. The documentation required to remove [Tenant 1] from the tenancy was not fully completed before the hearing.
Section 95A(4) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witnesses or party not be published.
From the rent summary, it appears that rent payments were fairly regular and were in credit to some degree, until June 2023, when [Tenant 2] said she lost her income. Whilst [Tenant 1] is still technically a tenant, due to the Tenancy Agreement, he has not lived at the property for several months, as acknowledged by all parties, and left when the rent situation appeared to be fairly stable. As such, I find that [Tenant 1]’s interests outweigh the public interest in publishing his name. Further, [Tenant 1] is likely to be identified potentially by association with [Tenant 2], due to their former relationship. Therefore, in the circumstances I order that both tenants’ names and identifying details are not to be published.

Tenancy Tribunal case 4638329 — Rent arrears at Unit/Flat 2, 65 Knighton Road, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4638329 — Rent arrears at Unit/Flat 2, 65 Knighton Road, Hillcrest, Hamilton 3216

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