What was Tenancy Tribunal case 4699989 about?

The tribunal order states: [The tenant/s] must pay Das Zuhaus Limited $111.87 immediately, as

How much money was awarded in case 4699989?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $91.43 awarded to landlord

What type of tenancy dispute was case 4699989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4699989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9620590-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4699989 about?

The tribunal order states: [The tenant/s] must pay Das Zuhaus Limited $111.87 immediately, as

How much money was awarded in case 4699989?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $91.43 awarded to landlord

What type of tenancy dispute was case 4699989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4699989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9620590-Tribunal_Order_Redacted.pdf.

40 Ngatai Road, Otumoetai, Tauranga 3110 Tenancy Tribunal Case 4699989 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4699989. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 8 November 2023	$91.43		Rent arrears as at 8 November 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Both parties attended the hearing which was held by teleconference. I note that that on 2 November 2023 the tenant communicated with the Tribunal advising that she would not be attending the hearing because all overdue payments had been made. I rang her just in case and she advised that although she thought the matter was to be heard tomorrow, she was happy to attend today’s hearing since she was already on the phone.

The landlord has applied for rent arrears, outstanding water rates and reimbursement of the filing fee. Rent arrears and water rates

At today’s hearing I accepted the evidence that by and large the tenant has paid all the rent arrears and outstanding water rates. I also accepted that rent was again due yesterday but has not been paid, meaning that as at today’s date, the tenant is one day in arears. Filing fee reimbursement

I am also ordering the tenant to reimburse the filing fee to the landlord because although to a large extent the outstanding amounts have been paid, the arrears had been significant and the landlord’s only real option was to bring a claim in the Tribunal against the tenant. Further to this, there remains one days’ rent outstanding. Notice of termination

I note that at today’s hearing the issue of notice of termination of the tenancy was discussed. The tenancy agreement stipulates that the tenant must give 21 days’ notice of termination of the tenancy.

Section 51(3) of the Residential Tenancies Act 1986 provides that a tenant’s notice of termination must be in writing, and identify the premises to which it relates, and specify the date by which the tenant is to vacate the premises and be signed by the tenant.

Section 51(4) provides that no special words are required and no notice of termination shall be held invalid for any failure to comply strictly with the requirements of s51(3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient. Suppression of names

Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or 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. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.

In terms of s95A(3), the landlord’s application form shows that they did not wish to apply for suppression and so no suppression order is made in that regard.

I am ordering suppression of the tenant’s name on my own initiative – s95A(1). This is because I accept the evidence that the arrears and outstanding water rates occurred because the tenant was made redundant and that the tenant always maintained that she would pay the amounts owing once she became employed. She has done so and understands that she is to pay rent on the day due, not the day after.

I have also taken into account that publishing the tenant’s name would have a deleterious effect on her chances of obtaining another rental property, which she is currently trying to do.

For these reason I consider that one day’s rent in arrears does not warrant publication of the tenant’s name. C ter Haar 08 November 2023

Claims and awards in Tenancy Tribunal application 4699989. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 8 November 2023	$91.43		Rent arrears as at 8 November 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

[The tenant/s] must pay Das Zuhaus Limited $111.87 immediately, as calculated in the table below.
The Tenant’s name and identifying details are suppressed.

Reasons

Both parties attended the hearing which was held by teleconference. I note that that on 2 November 2023 the tenant communicated with the Tribunal advising that she would not be attending the hearing because all overdue payments had been made. I rang her just in case and she advised that although she thought the matter was to be heard tomorrow, she was happy to attend today’s hearing since she was already on the phone.
The landlord has applied for rent arrears, outstanding water rates and reimbursement of the filing fee. Rent arrears and water rates
At today’s hearing I accepted the evidence that by and large the tenant has paid all the rent arrears and outstanding water rates. I also accepted that rent was again due yesterday but has not been paid, meaning that as at today’s date, the tenant is one day in arears. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because although to a large extent the outstanding amounts have been paid, the arrears had been significant and the landlord’s only real option was to bring a claim in the Tribunal against the tenant. Further to this, there remains one days’ rent outstanding. Notice of termination
I note that at today’s hearing the issue of notice of termination of the tenancy was discussed. The tenancy agreement stipulates that the tenant must give 21 days’ notice of termination of the tenancy.
Section 51(3) of the Residential Tenancies Act 1986 provides that a tenant’s notice of termination must be in writing, and identify the premises to which it relates, and specify the date by which the tenant is to vacate the premises and be signed by the tenant.
Section 51(4) provides that no special words are required and no notice of termination shall be held invalid for any failure to comply strictly with the requirements of s51(3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or 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. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
In terms of s95A(3), the landlord’s application form shows that they did not wish to apply for suppression and so no suppression order is made in that regard.
I am ordering suppression of the tenant’s name on my own initiative – s95A(1). This is because I accept the evidence that the arrears and outstanding water rates occurred because the tenant was made redundant and that the tenant always maintained that she would pay the amounts owing once she became employed. She has done so and understands that she is to pay rent on the day due, not the day after.
I have also taken into account that publishing the tenant’s name would have a deleterious effect on her chances of obtaining another rental property, which she is currently trying to do.
For these reason I consider that one day’s rent in arrears does not warrant publication of the tenant’s name. C ter Haar 08 November 2023

Tenancy Tribunal case 4699989 — Rent arrears at 40 Ngatai Road, Otumoetai, Tauranga 3110

At a glance

Tenancy Tribunal case 4699989 — Rent arrears at 40 Ngatai Road, Otumoetai, Tauranga 3110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions