What was Tenancy Tribunal case 4681496 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4681496?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4681496?

The dispute type was not classified.

Where can I read the official tribunal order for case 4681496?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10023609-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4681496 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4681496?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4681496?

The dispute type was not classified.

Where can I read the official tribunal order for case 4681496?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10023609-Tenancy_Tribunal_Order.pdf.

378A Oxford Street, Levin, Levin 5510 Tenancy Tribunal Case 4681496 — Tenancy dispute

Order

The application for rehearing is dismissed.

Reasons

Both parties attended the remote hearing today.
On 18 December 2023, the Tribunal made orders terminating the tenancy and directing the tenants to pay rent owing as at that date of $2,837.
The tenant applied for a rehearing and a stay on the following basis. “Because of a incident yesterday which caused me to have to leave the property for my own safety and involved the police, i didnt have access to my phone at the time the hearing was scheduled for, I can get a reference number of the incident from police to confirm this, also i am on a home detention sentence and because i couldnt answer the phone yesterday from what i understand the outcome is that ive been given from the 18th to the 20th to move out of this place and find a new address which I have to have approved by probation before doing so. which isnt possible within that timeframe. Also id like to add that prior to this hearing I contacted the court asking for the hearing to be put out until after the 21st as thats when the other party on the tenancy is due to be released from prison, I was told that it was to go ahead and that i could speak for the both of us. the issue is when ive approached work and income regarding the arrears they arnt able to assist with this until she has been released and we both can attend the appointment to work out the breakdown of the total arrears and have them paid in full as has been done in the past, i cannot speak or have authority to speak for jessica with work and income and the urgency ive experienced personally about having these arrears sorted as the address is of importance to me I have found myself in a position were theres nothing i can do about these arreasrs until in fact jessica is here to speak for herself. they have indicated that the assistance will be granted as she has been in jail for around a month now. I have had every intention of seeing that through and on the 21st i would have the oppurtunity to do that until then it has been out of my hands. i have also sent through an application that has been forwarded for a stay of proceedings”
The rehearing application was set down for a 90 minute remote hearing.
At the outset of the hearing, the tenant explained that she had vacated the premises on 4 January 2024. The reason for obtaining a stay was to allow her time to meet with Work and Income New Zealand (WINZ) after her partner got out of jail. That meeting took place but WINZ declined to pay the rent that was owing.
The tenants therefore arranged to move out.
The tenants no longer need possession of the property and do not object to the rent ordered above being owing. They are no longer seeking rehearing orders. Such orders would serve no purpose.
The information supplied in her application for a rehearing does not in any event amount to a miscarriage of justice and so I would not have been minded to have grant it in any event.
The landlord has a number of claims he wishes to pursue for post termination compensation, however, he will need to commence a fresh application as I have no jurisdiction to deal with those claims in the context of this application for a rehearing. Likewise, if the tenants have any claims about the rent not having been lodged, they should file their own separate application.

Reasons

Both parties attended the remote hearing today.

On 18 December 2023, the Tribunal made orders terminating the tenancy and directing the tenants to pay rent owing as at that date of $2,837.

The tenant applied for a rehearing and a stay on the following basis. “Because of a incident yesterday which caused me to have to leave the property for my own safety and involved the police, i didnt have access to my phone at the time the hearing was scheduled for, I can get a reference number of the incident from police to confirm this, also i am on a home detention sentence and because i couldnt answer the phone yesterday from what i understand the outcome is that ive been given from the 18th to the 20th to move out of this place and find a new address which I have to have approved by probation before doing so. which isnt possible within that timeframe. Also id like to add that prior to this hearing I contacted the court asking for the hearing to be put out until after the 21st as thats when the other party on the tenancy is due to be released from prison, I was told that it was to go ahead and that i could speak for the both of us. the issue is when ive approached work and income regarding the arrears they arnt able to assist with this until she has been released and we both can attend the appointment to work out the breakdown of the total arrears and have them paid in full as has been done in the past, i cannot speak or have authority to speak for jessica with work and income and the urgency ive experienced personally about having these arrears sorted as the address is of importance to me I have found myself in a position were theres nothing i can do about these arreasrs until in fact jessica is here to speak for herself. they have indicated that the assistance will be granted as she has been in jail for around a month now. I have had every intention of seeing that through and on the 21st i would have the oppurtunity to do that until then it has been out of my hands. i have also sent through an application that has been forwarded for a stay of proceedings”

The rehearing application was set down for a 90 minute remote hearing.

At the outset of the hearing, the tenant explained that she had vacated the premises on 4 January 2024. The reason for obtaining a stay was to allow her time to meet with Work and Income New Zealand (WINZ) after her partner got out of jail. That meeting took place but WINZ declined to pay the rent that was owing.

The tenants therefore arranged to move out.

The tenants no longer need possession of the property and do not object to the rent ordered above being owing. They are no longer seeking rehearing orders. Such orders would serve no purpose.

The information supplied in her application for a rehearing does not in any event amount to a miscarriage of justice and so I would not have been minded to have grant it in any event.

The landlord has a number of claims he wishes to pursue for post termination compensation, however, he will need to commence a fresh application as I have no jurisdiction to deal with those claims in the context of this application for a rehearing. Likewise, if the tenants have any claims about the rent not having been lodged, they should file their own separate application.

Tenancy Tribunal case 4681496 — Tenancy dispute at 378A Oxford Street, Levin, Levin 5510

At a glance

Claims & awards

Tenancy Tribunal case 4681496 — Tenancy dispute at 378A Oxford Street, Levin, Levin 5510

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions