What was Tenancy Tribunal case 4671716 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $5,661.16 immediately, calculated as

How much money was awarded in case 4671716?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,220.72 awarded to landlord

What type of tenancy dispute was case 4671716?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4671716?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10202295-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4671716 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $5,661.16 immediately, calculated as

How much money was awarded in case 4671716?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,220.72 awarded to landlord

What type of tenancy dispute was case 4671716?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4671716?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10202295-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4671716 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4671716 — net $5,661.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/08/2023	$6,220.72	Rent arrears to 22/08/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,661.16
Total payable by Tenant to Landlord	$5,661.16

The hearing was held by teleconference. Both parties attended the hearing.

The landlord has applied for rent arrears, outstanding power and internet charges, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As confirmed in the Tribunal’s order of 5 March 2024, while the parties had entered a Flat/House Sharing agreement, this was a residential tenancy covered by the Residential Tenancies Act 1986 (“RTA”). The premises were rented on a room-by-room basis, facilities were shared but it was not a boarding house, and the landlord did not live at the premises during the duration of the tenant’s tenancy.

How much is owed for rent?

The tenancy ended on 22 August 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Does the tenant owe the power and internet charges claimed?

This claim was withdrawn by consent by the landlord. Filing fee and suppression orders

The landlord’s application has been successful. The landlord is entitled to the filing fee (section 102(4)(a) RTA).

The Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings. The Tribunal may also, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published (section 95A(4) RTA)

The landlord’s application for suppression is granted, given it is wholly successful with the claim for rent arrears.

The tenant did not apply for a suppression order. In my view, the tenant has a clear privacy interest given the sensitive nature of her personal circumstances. The tenant has been involved in a long drawn out and traumatic process in relation to separate proceedings as a complainant of which a sentencing trial is pending. It is appropriate to grant suppression to maintain privacy and to ensure there is no prejudice to the administration of justice. Such public interest as there may be in this case does not, in my view, outweigh these factors. I have therefore also made a suppression order in favour of the tenant. Other matters

The landlord sought interest on the outstanding rent arrears and a penalty fee due to delays in proceeding to a hearing noting previous adjournments. As explained at the hearing, this claim is outside the scope of the RTA. There is no provision in the RTA to allow interest. The Tribunal has no power to award a fine in these circumstances. It is noted that adjournments are a standard part of the process, and in this case were reasonable.

I note the tenant intended to file a counter claim but required further time to complete her application. I did not consider it was just to delay this matter further given the dispute was longstanding, the application was filed nearly 8 months ago and there had been two previous adjournments. It is however open to the tenant to proceed with her application which will be heard separately at another hearing.

Claims and awards in Tenancy Tribunal application 4671716 — net $5,661.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/08/2023	$6,220.72	Rent arrears to 22/08/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,661.16
Total payable by Tenant to Landlord	$5,661.16

Order

[The tenant/s] must pay [The landlord/s] $5,661.16 immediately, calculated as shown in the table below:
The landlord’s claim for power and internet charges is withdrawn by consent.

Reasons

The hearing was held by teleconference. Both parties attended the hearing.
The landlord has applied for rent arrears, outstanding power and internet charges, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As confirmed in the Tribunal’s order of 5 March 2024, while the parties had entered a Flat/House Sharing agreement, this was a residential tenancy covered by the Residential Tenancies Act 1986 (“RTA”). The premises were rented on a room-by-room basis, facilities were shared but it was not a boarding house, and the landlord did not live at the premises during the duration of the tenant’s tenancy.

How much is owed for rent?

The tenancy ended on 22 August 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Does the tenant owe the power and internet charges claimed?

This claim was withdrawn by consent by the landlord. Filing fee and suppression orders
The landlord’s application has been successful. The landlord is entitled to the filing fee (section 102(4)(a) RTA).
The Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings. The Tribunal may also, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published (section 95A(4) RTA)
The landlord’s application for suppression is granted, given it is wholly successful with the claim for rent arrears.
The tenant did not apply for a suppression order. In my view, the tenant has a clear privacy interest given the sensitive nature of her personal circumstances. The tenant has been involved in a long drawn out and traumatic process in relation to separate proceedings as a complainant of which a sentencing trial is pending. It is appropriate to grant suppression to maintain privacy and to ensure there is no prejudice to the administration of justice. Such public interest as there may be in this case does not, in my view, outweigh these factors. I have therefore also made a suppression order in favour of the tenant. Other matters
The landlord sought interest on the outstanding rent arrears and a penalty fee due to delays in proceeding to a hearing noting previous adjournments. As explained at the hearing, this claim is outside the scope of the RTA. There is no provision in the RTA to allow interest. The Tribunal has no power to award a fine in these circumstances. It is noted that adjournments are a standard part of the process, and in this case were reasonable.
I note the tenant intended to file a counter claim but required further time to complete her application. I did not consider it was just to delay this matter further given the dispute was longstanding, the application was filed nearly 8 months ago and there had been two previous adjournments. It is however open to the tenant to proceed with her application which will be heard separately at another hearing.

Tenancy Tribunal case 4671716 — Rent arrears

At a glance

Tenancy Tribunal case 4671716 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Does the tenant owe the power and internet charges claimed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Does the tenant owe the power and internet charges claimed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions