What was Tenancy Tribunal case 4648511 about?

The tribunal order states: Stacey Leigh Gerlach must pay [The landlord/s] $333.89 immediately, calculated

How much money was awarded in case 4648511?

Filing Fee: $20.44 awarded to landlord; Mercury: $207.36 awarded to landlord; Trust Power: $106.09 awarded to landlord

What type of tenancy dispute was case 4648511?

The dispute type was not classified.

Where can I read the official tribunal order for case 4648511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9887924-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4648511 about?

The tribunal order states: Stacey Leigh Gerlach must pay [The landlord/s] $333.89 immediately, calculated

How much money was awarded in case 4648511?

Filing Fee: $20.44 awarded to landlord; Mercury: $207.36 awarded to landlord; Trust Power: $106.09 awarded to landlord

What type of tenancy dispute was case 4648511?

The dispute type was not classified.

Where can I read the official tribunal order for case 4648511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9887924-Tribunal_Order_Redacted.pdf.

22 Sutherland Rd, Brookfield, Tauranga 3110 Tenancy Tribunal Case 4648511 — Tenancy dispute

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22 Sutherland Rd, Brookfield, Tauranga 3110 Tenancy Tribunal Case 4648511 — Tenancy dispute | 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 4648511 — net $333.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Mercury	$207.36	Mercury
Trust power	$106.09	Trust power
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$333.89
Total payable by Tenant to Landlord	$333.89

Claims and awards for application 4648511 — net $333.89 NZD. Verify on MoJ.

Mercury

Amount: $207.36
Awarded to: Landlord
Reason: Mercury

Trust power

Amount: $106.09
Awarded to: Landlord
Reason: Trust power

Filing fee reimbursement

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

Net award

Landlord $333.89

Total payable by Tenant to Landlord

Landlord $333.89

Claim types — money lines allowed on this order

Filing Fee

Order

Stacey Leigh Gerlach must pay [The landlord/s] $333.89 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord sought compensation for electricity accounts, expenses and reimbursement of the filing fee.
The tenancy was for a fixed term from 11 April 2023 to 28 September 2023.The tenancy ended on the 14th of July 2023 and a new tenancy began on the 15th of July 2023.
The landlord could not recall how the tenancy ended, first believing that it was terminated by the Tenancy Tribunal for rent arrears. A previous Tenancy Tribunal order application number 4616849 recorded that the Tribunal had ordered rent arrears to 14th July 2023, but no termination order had been made.
The Landlord then said he believed that the tenant had left the premises without him knowing.
The landlord sought compensation for outstanding electricity accounts. One account was from mercury energy, and one was from trust power. It was established that the accounts were for electricity used during the tenancy. The accounts were in the owners’ names but were for the tenancy address and individually metred.
Section 39 of the Residential Tenancy Act 1983, the RTA, states that a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation. This includes electricity. The amount is awarded as claimed.
The landlord sought compensation for his time and for advertising to find a replacement tenant. He said that he was claiming this cost as expenses incurred.
Section 44 of the RTA states that a landlord can recover expenses reasonably incurred if, they have consented to an assignment, to a subletting, parting with possession under section 44, or a termination in accordance with section 5(1)(d).
The landlord did not consent to such an assignment or subletting, and the tenancy was not terminated in accordance with section 5(1)(d). I find that the recovery of expenses incurred by the landlord is unable to be awarded. This claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that 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.
The landlord’s application for name suppression is granted.

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 4648511 — net $333.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Mercury	$207.36	Mercury
Trust power	$106.09	Trust power
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$333.89
Total payable by Tenant to Landlord	$333.89

Claims and awards for application 4648511 — net $333.89 NZD. Verify on MoJ.

Mercury

Amount: $207.36
Awarded to: Landlord
Reason: Mercury

Trust power

Amount: $106.09
Awarded to: Landlord
Reason: Trust power

Filing fee reimbursement

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

Net award

Landlord $333.89

Total payable by Tenant to Landlord

Landlord $333.89

Claim types — money lines allowed on this order

Filing Fee

Order

Stacey Leigh Gerlach must pay [The landlord/s] $333.89 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord sought compensation for electricity accounts, expenses and reimbursement of the filing fee.
The tenancy was for a fixed term from 11 April 2023 to 28 September 2023.The tenancy ended on the 14th of July 2023 and a new tenancy began on the 15th of July 2023.
The landlord could not recall how the tenancy ended, first believing that it was terminated by the Tenancy Tribunal for rent arrears. A previous Tenancy Tribunal order application number 4616849 recorded that the Tribunal had ordered rent arrears to 14th July 2023, but no termination order had been made.
The Landlord then said he believed that the tenant had left the premises without him knowing.
The landlord sought compensation for outstanding electricity accounts. One account was from mercury energy, and one was from trust power. It was established that the accounts were for electricity used during the tenancy. The accounts were in the owners’ names but were for the tenancy address and individually metred.
Section 39 of the Residential Tenancy Act 1983, the RTA, states that a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation. This includes electricity. The amount is awarded as claimed.
The landlord sought compensation for his time and for advertising to find a replacement tenant. He said that he was claiming this cost as expenses incurred.
Section 44 of the RTA states that a landlord can recover expenses reasonably incurred if, they have consented to an assignment, to a subletting, parting with possession under section 44, or a termination in accordance with section 5(1)(d).
The landlord did not consent to such an assignment or subletting, and the tenancy was not terminated in accordance with section 5(1)(d). I find that the recovery of expenses incurred by the landlord is unable to be awarded. This claim is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that 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.
The landlord’s application for name suppression is granted.

Tenancy Tribunal case 4648511 — Tenancy dispute at 22 Sutherland Rd, Brookfield, Tauranga 3110

At a glance

Award balance

Tenancy Tribunal case 4648511 — Tenancy dispute at 22 Sutherland Rd, Brookfield, Tauranga 3110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions