What was Tenancy Tribunal case 4654909 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 4654909?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,180.00 awarded to landlord

What type of tenancy dispute was case 4654909?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4654909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380711-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4654909 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 4654909?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,180.00 awarded to landlord

What type of tenancy dispute was case 4654909?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4654909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380711-Tribunal_Order_Redacted.pdf.

2 Roberts Road, Awapuni, Gisborne 4010 Tenancy Tribunal Case 4654909 — Rent arrears

Claims and awards in Tenancy Tribunal application 4654909 — net $1,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,180.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,200.44
Total payable by Tenant to Landlord	$1,200.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Trish Thomas and Clint Parsons owe [The landlord/s] $1,200.44 (“the debt”), calculated as shown in the table below.
Trish Thomas and Clint Parsons must pay rent and the debt as follows: a. By one payment of $1,200.44 on or before Thursday 7 September 2023. b. By regular rent payments of $1,180.00 each fortnight, starting again on 15 September 2023 and continuing every second Friday after that.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 2 Roberts Road, Awapuni, Gisborne 4010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[The landlord’s representative/s] attended the hearing on behalf of the landlord by teleconference. Ms Thomas, one of the tenants, attended the hearing in person, on behalf of both she and Mr Parsons, the other tenant.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord provided rent records which prove the amount owing to 14 September 2023, which is $1,180.00. Rent is paid fortnightly.
The tenant initially raised the issue of who the correct landlord is, as the Tenancy Agreement lists two others, the parents of the current landlord, as the named landlord. Ms Thomas said she has not received written notice that there is a different landlord. After some discussion, Ms Thomas acknowledged that she has been dealing with this current landlord and her husband in relation to issues at the property and, despite believing her rent was still being paid into the former landlord’s account, was prepared to concede the current landlord is likely her landlord. [The landlord’s representative/s] said the tenant has been paying rent into this landlord’s account since 2019 and has received correspondence from her also. Ms Thomas denied she had received much of the email correspondence from this current landlord, as the email used, especially for the notices, was, she said, an old work email. The tenant acknowledged her rent had been behind, despite the communication issues. She said she was unaware until recently of this, will rectify the rent arrears right away and will ensure rent is paid on time from now on.
Whilst rent is in arrears, it is currently for one fortnightly rent period. At the time of the landlord’s application, the rent had been more than 21 days in arrears, also mostly for one rent period from the rent summary provided. Whilst the tenant said she was unaware of the situation at that time, the landlord maintained the tenant’s arrears had been an issue since 2019, but only provided a rent summary that began in early 2022.
Whilst the notices issued by the landlord technically meet the requirements of section 55(aa) Residential Tenancies Act 1986 (“RTA”), the tenant denied receiving these notices. Ms Thomas said they were sent to a former work email that she no longer has. The landlord said they received an out of office response to the notice sent in June 2023, saying that Ms Thomas would be returning to the office on a date after they sent the notice. So, he disputed Ms Thomas’s assertion that she had not received the notices. Ms Thomas continued to dispute receiving the notices, saying she did not understand why the landlord had received that out of office response when that was not her email. I note none of the notices had the email address they were sent to. As the evidence about receipt of the notices by the tenant is contradictory, in the absence of any further supporting evidence about receipt of the notices by the tenant, I am unable to make any findings in relation to section 55(aa) RTA, due to insufficient evidence provided in this regard.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested suppression and is entitled to suppression as of right as they have been successful with the claim. The tenants did not request suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

Claims and awards in Tenancy Tribunal application 4654909 — net $1,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,180.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,200.44
Total payable by Tenant to Landlord	$1,200.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Trish Thomas and Clint Parsons owe [The landlord/s] $1,200.44 (“the debt”), calculated as shown in the table below.
Trish Thomas and Clint Parsons must pay rent and the debt as follows: a. By one payment of $1,200.44 on or before Thursday 7 September 2023. b. By regular rent payments of $1,180.00 each fortnight, starting again on 15 September 2023 and continuing every second Friday after that.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 2 Roberts Road, Awapuni, Gisborne 4010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[The landlord’s representative/s] attended the hearing on behalf of the landlord by teleconference. Ms Thomas, one of the tenants, attended the hearing in person, on behalf of both she and Mr Parsons, the other tenant.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord provided rent records which prove the amount owing to 14 September 2023, which is $1,180.00. Rent is paid fortnightly.
The tenant initially raised the issue of who the correct landlord is, as the Tenancy Agreement lists two others, the parents of the current landlord, as the named landlord. Ms Thomas said she has not received written notice that there is a different landlord. After some discussion, Ms Thomas acknowledged that she has been dealing with this current landlord and her husband in relation to issues at the property and, despite believing her rent was still being paid into the former landlord’s account, was prepared to concede the current landlord is likely her landlord. [The landlord’s representative/s] said the tenant has been paying rent into this landlord’s account since 2019 and has received correspondence from her also. Ms Thomas denied she had received much of the email correspondence from this current landlord, as the email used, especially for the notices, was, she said, an old work email. The tenant acknowledged her rent had been behind, despite the communication issues. She said she was unaware until recently of this, will rectify the rent arrears right away and will ensure rent is paid on time from now on.
Whilst rent is in arrears, it is currently for one fortnightly rent period. At the time of the landlord’s application, the rent had been more than 21 days in arrears, also mostly for one rent period from the rent summary provided. Whilst the tenant said she was unaware of the situation at that time, the landlord maintained the tenant’s arrears had been an issue since 2019, but only provided a rent summary that began in early 2022.
Whilst the notices issued by the landlord technically meet the requirements of section 55(aa) Residential Tenancies Act 1986 (“RTA”), the tenant denied receiving these notices. Ms Thomas said they were sent to a former work email that she no longer has. The landlord said they received an out of office response to the notice sent in June 2023, saying that Ms Thomas would be returning to the office on a date after they sent the notice. So, he disputed Ms Thomas’s assertion that she had not received the notices. Ms Thomas continued to dispute receiving the notices, saying she did not understand why the landlord had received that out of office response when that was not her email. I note none of the notices had the email address they were sent to. As the evidence about receipt of the notices by the tenant is contradictory, in the absence of any further supporting evidence about receipt of the notices by the tenant, I am unable to make any findings in relation to section 55(aa) RTA, due to insufficient evidence provided in this regard.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested suppression and is entitled to suppression as of right as they have been successful with the claim. The tenants did not request suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

Tenancy Tribunal case 4654909 — Rent arrears at 2 Roberts Road, Awapuni, Gisborne 4010

At a glance

Tenancy Tribunal case 4654909 — Rent arrears at 2 Roberts Road, Awapuni, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions