What was the outcome of Tenancy Tribunal case 4663350?

The tribunal order states: Desiree Stephens must pay Warwick Lee $43,475.44 immediately, calculated

How much money was awarded in case 4663350?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $43,455.00 awarded to landlord

What type of tenancy dispute was case 4663350?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9958478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4663350?

The tribunal order states: Desiree Stephens must pay Warwick Lee $43,475.44 immediately, calculated

How much money was awarded in case 4663350?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $43,455.00 awarded to landlord

What type of tenancy dispute was case 4663350?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9958478-Tenancy_Tribunal_Order.pdf.

196 Clevedon-Kawakawa Road, Clevedon, RD 5, Clevedon Tenancy Tribunal Case 4663350 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4663350 — net $43,475.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$43,455.00	Rent arrears to 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43,475.44
Total payable by Tenant to Landlord	$43,475.44

Mr Lee attended the hearing. Ms Stephens did not attend.

Yesterday, Ms Stephens made a late adjournment request due to transportation issues. She did not advise of the location she would be travelling from or why she did not apply for an adjournment earlier.

The request for an adjournment is declined.

This dispute is longstanding. Mr Lee filed an application with the Tribunal on 22 August 2023 for termination of Ms Stephens’ tenancy due to rent being over 21 days in arrears. The application was originally heard on 19 September 2023 by teleconference but was adjourned as it was discovered that the phone number for Ms Stephens in the application was incorrect. The correct number for Ms Stephens was updated on the court file. It was noted at that time that rent arrears was about $40,000.00 according to the landlord.

A further hearing by teleconference was held on 18 October 2023. It was noted in the Tribunal’s order that: Ms Stephens did not dispute that she had not paid any rent since December 2022 and did not dispute the amount of rent claimed (which is now in excess of $40,000). However, she said that she has a claim against Mr Lee that she intends to file and wants to be heard at the same time as this claim.

The Tribunal accepted that there was no question that the rent was well over 21 days in arrears and therefore terminated the tenancy at 10.30am on 18 October 2023. It was also noted that Mr Lee served a notice to terminate the tenancy on 10 August 2023 which entitled Mr Lee to possession of the premises.

The landlord’s claim for rent and the Tribunal application fee was adjourned for Ms Stephens to file her cross application so both applications could be heard together. Ms Stephens was directed to file her cross application no later than 14 days (of the date of the Tribunal’s order, being 18 October 2023).

The matter was scheduled for an in person hearing today at the tenancy Tribunal - Papakura District Court. I am satisfied that Ms Stephens had adequate notice of the hearing. Hearing notices were issued to the parties on 12 December 2023.

To date, Ms Stephens has not filed a cross application. I consider, despite the limitations she has advised the court of, that Ms Stephens has had ample opportunity to file her cross application through Tenancy Services. It was always open to Ms Stephens to seek assistance with her application through Tenancy Services, Citizens Advice Bureau or a Community Law Centre. I am satisfied Ms Stephens has had adequate opportunity to have her case heard.

There are significant resources involved when scheduling a hearing. Adjournments are only to be granted for compelling reasons, and not just at the convenience of the parties or because an adjournment had been previously afforded to the other party.

Whereas I accept the difficulties Ms Stephens has in attending the hearing today, I am not persuaded that it is in the interests of justice to further delay this matter.

I have taken into account section 85 of the Residential Tenancies Act 1986, which states that the Tribunal shall exercise its jurisdiction in a manner likely to ensure a fair and expeditious resolution of disputes. In the circumstances of the present case, I consider it reasonable and appropriate to proceed with the hearing as scheduled in the absence of Ms Stephens.

If Ms Stephens still wishes to pursue her claim for compensation against the landlord, she is to file a formal application through Tenancy Services which will be heard separately.

How much is owed for rent?

The tenancy was ended by the Tribunal on 18 October 2023. The landlord provided rent records and his bank statements which prove the amount owing at the end of the tenancy.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4663350 — net $43,475.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$43,455.00	Rent arrears to 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43,475.44
Total payable by Tenant to Landlord	$43,475.44

Order

Desiree Stephens must pay Warwick Lee $43,475.44 immediately, calculated as shown in the table below.

Reasons

Mr Lee attended the hearing. Ms Stephens did not attend.
Yesterday, Ms Stephens made a late adjournment request due to transportation issues. She did not advise of the location she would be travelling from or why she did not apply for an adjournment earlier.
The request for an adjournment is declined.
This dispute is longstanding. Mr Lee filed an application with the Tribunal on 22 August 2023 for termination of Ms Stephens’ tenancy due to rent being over 21 days in arrears. The application was originally heard on 19 September 2023 by teleconference but was adjourned as it was discovered that the phone number for Ms Stephens in the application was incorrect. The correct number for Ms Stephens was updated on the court file. It was noted at that time that rent arrears was about $40,000.00 according to the landlord.
A further hearing by teleconference was held on 18 October 2023. It was noted in the Tribunal’s order that: Ms Stephens did not dispute that she had not paid any rent since December 2022 and did not dispute the amount of rent claimed (which is now in excess of $40,000). However, she said that she has a claim against Mr Lee that she intends to file and wants to be heard at the same time as this claim.
The Tribunal accepted that there was no question that the rent was well over 21 days in arrears and therefore terminated the tenancy at 10.30am on 18 October 2023. It was also noted that Mr Lee served a notice to terminate the tenancy on 10 August 2023 which entitled Mr Lee to possession of the premises.
The landlord’s claim for rent and the Tribunal application fee was adjourned for Ms Stephens to file her cross application so both applications could be heard together. Ms Stephens was directed to file her cross application no later than 14 days (of the date of the Tribunal’s order, being 18 October 2023).
The matter was scheduled for an in person hearing today at the tenancy Tribunal - Papakura District Court. I am satisfied that Ms Stephens had adequate notice of the hearing. Hearing notices were issued to the parties on 12 December 2023.
To date, Ms Stephens has not filed a cross application. I consider, despite the limitations she has advised the court of, that Ms Stephens has had ample opportunity to file her cross application through Tenancy Services. It was always open to Ms Stephens to seek assistance with her application through Tenancy Services, Citizens Advice Bureau or a Community Law Centre. I am satisfied Ms Stephens has had adequate opportunity to have her case heard.
There are significant resources involved when scheduling a hearing. Adjournments are only to be granted for compelling reasons, and not just at the convenience of the parties or because an adjournment had been previously afforded to the other party.
Whereas I accept the difficulties Ms Stephens has in attending the hearing today, I am not persuaded that it is in the interests of justice to further delay this matter.
I have taken into account section 85 of the Residential Tenancies Act 1986, which states that the Tribunal shall exercise its jurisdiction in a manner likely to ensure a fair and expeditious resolution of disputes. In the circumstances of the present case, I consider it reasonable and appropriate to proceed with the hearing as scheduled in the absence of Ms Stephens.
If Ms Stephens still wishes to pursue her claim for compensation against the landlord, she is to file a formal application through Tenancy Services which will be heard separately.

How much is owed for rent?

The tenancy was ended by the Tribunal on 18 October 2023. The landlord provided rent records and his bank statements which prove the amount owing at the end of the tenancy.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4663350 — Rent arrears at 196 Clevedon-Kawakawa Road, Clevedon, RD 5, Clevedon

At a glance

Tenancy Tribunal case 4663350 — Rent arrears at 196 Clevedon-Kawakawa Road, Clevedon, RD 5, Clevedon

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions