What was Tenancy Tribunal case 4649611 about?

The tribunal order states: The tenancy of Antina Margret MacDonald and Lee David Batchelor at

How much money was awarded in case 4649611?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $18,478.57 awarded to landlord

What type of tenancy dispute was case 4649611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613195-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4649611 about?

The tribunal order states: The tenancy of Antina Margret MacDonald and Lee David Batchelor at

How much money was awarded in case 4649611?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $18,478.57 awarded to landlord

What type of tenancy dispute was case 4649611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613195-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4649611 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4649611 — net $18,499.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$18,478.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,499.01
Total payable by Tenant to Landlord	$18,499.01

The tenancy of Antina Margret MacDonald and Lee David Batchelor at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 15 November 2023.

Antina Margret MacDonald and Lee David Batchelor must pay [The landlord/s] $18,499.01 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote teleconference hearing on 6 November 2023.

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

A brief history of the application is as follows.

The matter was part heard on 12 September 2023. The tenant applied for an adjournment so as to allow her to file a cross claim. The adjournment was granted on a conditional basis. Between the date of the order and the final hearing, the tenant was to pay rent in full and on time. The concern being the amount of rent arrears that had accumulated by that stage. If payments were not made within 48 hours of the date on which they were due, the landlord could ask for the matter to come back before the Tribunal.

The landlord asked for the matter to be recalled as rent had not been paid in accordance with the 12 September 2023 order.

The matter was called again on 28 September 2023. The landlord said that no rent had been received. The tenant was adamant that rent had been paid on time and in full. By order dated 28 September 2023, the matter was adjourned. The tenant was given until 5pm on Friday 29 September 2023 to provide evidence of the rent payments. No evidence has been filed. At the hearing on 6 November 2023 the tenant said that she had overlooked the need to file the evidence due to the sudden illness of a family member. That may have allowed the Tribunal to extend the time for filing that evidence, but more than a month has now passed without the tenant filing the evidence required.

Rent was at least 21 days in arrears on the date the application was filed. No evidence of rent payments being made by the tenant has been received. I prefer the evidence of the landlord that no payments have been made. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $18,478.57.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties have applied for name suppression. The landlord has been wholly successful and suppression of the landlord details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Order

Claims and awards in Tenancy Tribunal application 4649611 — net $18,499.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$18,478.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,499.01
Total payable by Tenant to Landlord	$18,499.01

Antina Margret MacDonald and Lee David Batchelor must pay [The landlord/s] $18,499.01 immediately, calculated as shown in the table below:

Reasons

Both parties attended this remote teleconference hearing on 6 November 2023.

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

A brief history of the application is as follows.

The landlord asked for the matter to be recalled as rent had not been paid in accordance with the 12 September 2023 order.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $18,478.57.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4649611 — Rent arrears

At a glance

Tenancy Tribunal case 4649611 — 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