What was Tenancy Tribunal case 4646889 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 4646889?

Rent Arrears: $1,295.29 awarded to landlord

What type of tenancy dispute was case 4646889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468422-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4646889 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 4646889?

Rent Arrears: $1,295.29 awarded to landlord

What type of tenancy dispute was case 4646889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468422-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4646889 — Rent arrears

Claims and awards in Tenancy Tribunal application 4646889 — net $727.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 22 September 2023	$1,295.29	Rent arrears as of 22 September 2023
Net award	$727.29
Total payable by Tenant to Landlord	$727.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sheree Jenean Brown must pay [The landlord/s] $727.29 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $568.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The hearing is adjourned. The landlord may file an updated claim in relation to the damage repair costs, and that will be scheduled for a further hearing before any sitting adjudicator. DescriptionLandlord Rent arrears as of 22 September 2023$1,295.29 Total award$1,295.29 Minus bond-$568.00 Total payable by Tenant to Landlord$727.29

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
Only the landlord appeared at the hearing. I was satisfied that the tenant had been notified of the hearing, so the hearing proceeded as scheduled and I heard the landlords claim as I will set out shortly.
However it is the case that the tenant arrived at the hearing about 5 minutes after the hearing had finished. In the circumstances I advised the tenant of the outcome of the hearing, and that a decision would be issued in relation to the rent arrears. The tenant advised that she considered her rent had been based on an incorrect assessment from WINZ. I will address that below for completeness.

DISCUSSION

The tenancy agreement has been provided, and records the landlord as [The landlord/s], and the sole tenant as Sheree Jenean Brown. The tenancy was a fixed term tenancy commencing on 11 October 2022. The weekly rental is $142.00 per week.
During the tenancy rent arrears arose. The landlord claims the premises were damaged as demonstrated on the photographs provided by the landlord.
The landlord confirmed that the tenancy has ended on 22 September 2023. The landlord seeks orders for rent arrears to that date which amounts to the sum of $1,295.29 based on the rent ledger provided by the landlord. That amount is ordered.
As noted above, when the tenant presented following the hearing, she advised that she considered her rent was assessed too high by WINZ (MSD). While I have not heard from the landlord on this, I will address that concern here because it is sensible to do so.
The rent the tenant is required to pay, is based on the rent agreed in the tenancy agreement, which as noted above was $142.00.
However some landlords reduce the amount of rent to be paid based on an Income Related Rent (IRR) set by MSD. The setting of IRR by MSD is done pursuant to the Public and Community Housing Management Act 1992, formerly known as the Housing Restructuring and Tenancy Matters Act 1992. Any appeal or review of the IRR set by MSD is done based on that Act, not the Residential Tenancies Act 1986 (RTA) which the Tribunal applies. See sections 132 -135, which set out the appeal process for anyone who disagrees with a decision made under Part 9 of the Public and Community Housing Management Act 1992. Part 9 sets out the process for assessing housing eligibility, assessable income and IRR.
There is reference to the RTA in section 132 which states – Nothing in this section and sections 133 to 135, or in any regulations made under section 136, limits or affects the rights of any tenant of social housing, or of any social housing provider as landlord, under the Residential Tenancies Act 1986. While this section preserves the rights of landlords and tenants under the RTA, it does not mean that that the Tenancy Tribunal has the jurisdiction to make orders against MSD. Section 77 of the RTA, which sets out the jurisdiction of the Tribunal, does not include decisions made by MSD or about IRR.
The tenants recourse is to use the appeal provisions in the Public and Community Housing Management Act 1992.
In making this finding I am assisted by a previous decision of the Tenancy Tribunal - [2019] NZTT 4206412. In that case a HNZC tenant challenged a rent increase by applying for a review with MSD and filing an appeal to the Social Security Appeal Authority. MSD reconsidered his case, reduced his income related rent for the relevant period, and paid him arrears. The tenant then claimed damages from HNZC in the Tenancy Tribunal. The adjudicator Mr Greene decided the tenant could not succeed because – amongst other reasons: ...MSD, not HNZC, determines the income related rent for HNZC tenancies. So, [the tenant] was correct to address his review and appeal through the MSD process. He obtained relief from that process and received a rent refund. The Tenancy Tribunal has no jurisdiction to make orders against MSD.
Accordingly the Tribunal could not consider any argument that the IRR was incorrectly set. The rent the tenant is strictly liable to pay, is that set out in the tenancy agreement. Damage claim
While the landlord also claimed for the damage to the premises, it is the case that the landlord has not yet completed the repair work, and to that extent has requested that aspect of the claim be adjourned. As I indicated to the landlords representative, that is a sensible approach, because normally claims of that nature would proceed once the final costs have been established, which is normally after the work has been completed. According I order that the claim for damages is adjourned.
When the landlord has completed the work, and established the actual costs for that, the landlord should file an updated claim and supporting documents to Tenancy Services, and the Tribunal will then reschedule a hearing to consider the updated claim.
I record for completeness that this further claim does not need to be scheduled before myself, it can be considered by any sitting adjudicator on the day.
The bond is released to offset the rent arrears debt.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression, and has been wholly successful so I order name suppression to apply for the landlord only.

Claims and awards in Tenancy Tribunal application 4646889 — net $727.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 22 September 2023	$1,295.29	Rent arrears as of 22 September 2023
Net award	$727.29
Total payable by Tenant to Landlord	$727.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sheree Jenean Brown must pay [The landlord/s] $727.29 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $568.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The hearing is adjourned. The landlord may file an updated claim in relation to the damage repair costs, and that will be scheduled for a further hearing before any sitting adjudicator. DescriptionLandlord Rent arrears as of 22 September 2023$1,295.29 Total award$1,295.29 Minus bond-$568.00 Total payable by Tenant to Landlord$727.29

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
Only the landlord appeared at the hearing. I was satisfied that the tenant had been notified of the hearing, so the hearing proceeded as scheduled and I heard the landlords claim as I will set out shortly.
However it is the case that the tenant arrived at the hearing about 5 minutes after the hearing had finished. In the circumstances I advised the tenant of the outcome of the hearing, and that a decision would be issued in relation to the rent arrears. The tenant advised that she considered her rent had been based on an incorrect assessment from WINZ. I will address that below for completeness.

DISCUSSION

The tenancy agreement has been provided, and records the landlord as [The landlord/s], and the sole tenant as Sheree Jenean Brown. The tenancy was a fixed term tenancy commencing on 11 October 2022. The weekly rental is $142.00 per week.
During the tenancy rent arrears arose. The landlord claims the premises were damaged as demonstrated on the photographs provided by the landlord.
The landlord confirmed that the tenancy has ended on 22 September 2023. The landlord seeks orders for rent arrears to that date which amounts to the sum of $1,295.29 based on the rent ledger provided by the landlord. That amount is ordered.
As noted above, when the tenant presented following the hearing, she advised that she considered her rent was assessed too high by WINZ (MSD). While I have not heard from the landlord on this, I will address that concern here because it is sensible to do so.
The rent the tenant is required to pay, is based on the rent agreed in the tenancy agreement, which as noted above was $142.00.
However some landlords reduce the amount of rent to be paid based on an Income Related Rent (IRR) set by MSD. The setting of IRR by MSD is done pursuant to the Public and Community Housing Management Act 1992, formerly known as the Housing Restructuring and Tenancy Matters Act 1992. Any appeal or review of the IRR set by MSD is done based on that Act, not the Residential Tenancies Act 1986 (RTA) which the Tribunal applies. See sections 132 -135, which set out the appeal process for anyone who disagrees with a decision made under Part 9 of the Public and Community Housing Management Act 1992. Part 9 sets out the process for assessing housing eligibility, assessable income and IRR.
There is reference to the RTA in section 132 which states – Nothing in this section and sections 133 to 135, or in any regulations made under section 136, limits or affects the rights of any tenant of social housing, or of any social housing provider as landlord, under the Residential Tenancies Act 1986. While this section preserves the rights of landlords and tenants under the RTA, it does not mean that that the Tenancy Tribunal has the jurisdiction to make orders against MSD. Section 77 of the RTA, which sets out the jurisdiction of the Tribunal, does not include decisions made by MSD or about IRR.
The tenants recourse is to use the appeal provisions in the Public and Community Housing Management Act 1992.
In making this finding I am assisted by a previous decision of the Tenancy Tribunal - [2019] NZTT 4206412. In that case a HNZC tenant challenged a rent increase by applying for a review with MSD and filing an appeal to the Social Security Appeal Authority. MSD reconsidered his case, reduced his income related rent for the relevant period, and paid him arrears. The tenant then claimed damages from HNZC in the Tenancy Tribunal. The adjudicator Mr Greene decided the tenant could not succeed because – amongst other reasons: ...MSD, not HNZC, determines the income related rent for HNZC tenancies. So, [the tenant] was correct to address his review and appeal through the MSD process. He obtained relief from that process and received a rent refund. The Tenancy Tribunal has no jurisdiction to make orders against MSD.
Accordingly the Tribunal could not consider any argument that the IRR was incorrectly set. The rent the tenant is strictly liable to pay, is that set out in the tenancy agreement. Damage claim
While the landlord also claimed for the damage to the premises, it is the case that the landlord has not yet completed the repair work, and to that extent has requested that aspect of the claim be adjourned. As I indicated to the landlords representative, that is a sensible approach, because normally claims of that nature would proceed once the final costs have been established, which is normally after the work has been completed. According I order that the claim for damages is adjourned.
When the landlord has completed the work, and established the actual costs for that, the landlord should file an updated claim and supporting documents to Tenancy Services, and the Tribunal will then reschedule a hearing to consider the updated claim.
I record for completeness that this further claim does not need to be scheduled before myself, it can be considered by any sitting adjudicator on the day.
The bond is released to offset the rent arrears debt.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression, and has been wholly successful so I order name suppression to apply for the landlord only.

Tenancy Tribunal case 4646889 — Rent arrears

At a glance

Tenancy Tribunal case 4646889 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

DISCUSSION

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

DISCUSSION

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions