How much money was awarded in case 4715411?

Filing Fee: $20.44 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Refund: Tenant #1: $2,780.00 awarded to tenant; Rent Refund: Tenant #2 (WINZ: $1,390.00 awarded to tenant

What type of tenancy dispute was case 4715411?

The dispute type was not classified.

Where can I read the official tribunal order for case 4715411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10431641-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4715411?

Filing Fee: $20.44 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Refund: Tenant #1: $2,780.00 awarded to tenant; Rent Refund: Tenant #2 (WINZ: $1,390.00 awarded to tenant

What type of tenancy dispute was case 4715411?

The dispute type was not classified.

Where can I read the official tribunal order for case 4715411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10431641-Tribunal_Order_Redacted.pdf.

43 Moa Road, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 4715411 — Tenancy dispute

Q: What was Tenancy Tribunal case 4715411 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4715411 — net $11,026.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond Refund: Tenant #1 (WINZ	$4,170.00	Bond Refund: Tenant #1 (WINZ
Bond Refund: Tenant #2 (WINZ	$2,645.76	Bond Refund: Tenant #2 (WINZ
Rent Refund: Tenant #1	$2,780.00	Rent Refund: Tenant #1
Rent Refund: Tenant #2 (WINZ	$1,390.00	Rent Refund: Tenant #2 (WINZ
Filing fee reimbursement: Tenant #1	$20.44	Tenant #1
Filing fee reimbursement: Tenant #2	$20.44	Tenant #1
Net award	$11,026.64
Total payable by Landlord to Tenant	$11,026.64

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant names.

Nicholas Miers-Hoogwerf must pay [The tenant/s] $11,026.64 immediately, being a full refund of bond and rent money received unlawfully, calculated as shown in the table below:

The respondent’s cross application (4817237) is dismissed for non-appearance.

Reasons

The tenants attended the hearing. There was no appearance by the respondent.

The tenancy began on or about 27 October 2022.

The respondent, Nicholas Miers-Hoogwerf, was a tenant at this address but held himself out as the landlord (owner) of the property.

The tenants claim that the respondent has sub-let or parted with possession of the premises without the consent of the owner. A tenant may do so but only with the prior written consent of the actual landlord. See section 44(2A) Residential Tenancies Act.

Unbeknownst to the owner, and without his consent, the respondent sublet the premises to the two tenants. The respondent acted as the landlord and received bond and rent money he was not legally entitled to. As soon as the owner discovered what was happening he ordered the two tenants to stop paying rent. The respondent did not have the owner’s permission to sub-let the premises.

The tenants say that they found the place through [online]. It was advertised by the respondent unlawfully.

The tenants seek a refund of rent paid since the day they moved in on 27 October 2022. They also seek full refund of the bond money paid by WINZ.

The tenant applications were initially heard on 14 December 2023. Both matters were then adjourned to a telephone hearing to allow the tenants the opportunity to provide evidence of bond and rent payments by Work and Income New Zealand (“WINZ”).

On 22 February 2024, the respondent filed a last-minute cross application against the tenants. The respondent’s application was included with the tenant applications which were scheduled for a remote telephone hearing on 23 February 2024. All matters were then further adjourned to today for a face-to-face hearing.

I have sighted evidence from WINZ dated 31 May 2023 confirming that a bond amount of $4170.00 for one tenant was paid by WINZ to the respondent. A further bond payment of $2645.76 for the other tenant was paid by WINZ to the respondent. None of the bond money was paid to the Bond Centre.

Further WINZ evidence has also been sighted confirming a rent in advance payment of $1390.00 for the tenant to the respondent.

During the hearing I was also provided with a bank statement confirming tenant rent payments of $2780.00 to the respondent.

The amounts ordered a proved.

The respondent’s conduct has caused both tenants an immense amount of stress and unintended financial pressure. They are both paying back the bond and rent debt to WINZ via weekly instalments. I have asked the tenants to provide a copy of this order to WINZ in respect of money paid by them to the respondent unlawfully.

Because the tenants have wholly succeeded with their claims I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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 – section 95A Residential Tenancies Act.

The tenants have requested non-publication of their names. I do not consider that publication is in the public interest or is justified given the circumstances of the case.

Claims and awards in Tenancy Tribunal application 4715411 — net $11,026.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond Refund: Tenant #1 (WINZ	$4,170.00	Bond Refund: Tenant #1 (WINZ
Bond Refund: Tenant #2 (WINZ	$2,645.76	Bond Refund: Tenant #2 (WINZ
Rent Refund: Tenant #1	$2,780.00	Rent Refund: Tenant #1
Rent Refund: Tenant #2 (WINZ	$1,390.00	Rent Refund: Tenant #2 (WINZ
Filing fee reimbursement: Tenant #1	$20.44	Tenant #1
Filing fee reimbursement: Tenant #2	$20.44	Tenant #1
Net award	$11,026.64
Total payable by Landlord to Tenant	$11,026.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant names.
Nicholas Miers-Hoogwerf must pay [The tenant/s] $11,026.64 immediately, being a full refund of bond and rent money received unlawfully, calculated as shown in the table below:
The respondent’s cross application (4817237) is dismissed for non-appearance.

Reasons

The tenants attended the hearing. There was no appearance by the respondent.
The tenancy began on or about 27 October 2022.
The respondent, Nicholas Miers-Hoogwerf, was a tenant at this address but held himself out as the landlord (owner) of the property.
The tenants claim that the respondent has sub-let or parted with possession of the premises without the consent of the owner. A tenant may do so but only with the prior written consent of the actual landlord. See section 44(2A) Residential Tenancies Act.
Unbeknownst to the owner, and without his consent, the respondent sublet the premises to the two tenants. The respondent acted as the landlord and received bond and rent money he was not legally entitled to. As soon as the owner discovered what was happening he ordered the two tenants to stop paying rent. The respondent did not have the owner’s permission to sub-let the premises.
The tenants say that they found the place through [online]. It was advertised by the respondent unlawfully.
The tenants seek a refund of rent paid since the day they moved in on 27 October 2022. They also seek full refund of the bond money paid by WINZ.
The tenant applications were initially heard on 14 December 2023. Both matters were then adjourned to a telephone hearing to allow the tenants the opportunity to provide evidence of bond and rent payments by Work and Income New Zealand (“WINZ”).
On 22 February 2024, the respondent filed a last-minute cross application against the tenants. The respondent’s application was included with the tenant applications which were scheduled for a remote telephone hearing on 23 February 2024. All matters were then further adjourned to today for a face-to-face hearing.
I have sighted evidence from WINZ dated 31 May 2023 confirming that a bond amount of $4170.00 for one tenant was paid by WINZ to the respondent. A further bond payment of $2645.76 for the other tenant was paid by WINZ to the respondent. None of the bond money was paid to the Bond Centre.
Further WINZ evidence has also been sighted confirming a rent in advance payment of $1390.00 for the tenant to the respondent.
During the hearing I was also provided with a bank statement confirming tenant rent payments of $2780.00 to the respondent.
The amounts ordered a proved.
The respondent’s conduct has caused both tenants an immense amount of stress and unintended financial pressure. They are both paying back the bond and rent debt to WINZ via weekly instalments. I have asked the tenants to provide a copy of this order to WINZ in respect of money paid by them to the respondent unlawfully.
Because the tenants have wholly succeeded with their claims I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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 – section 95A Residential Tenancies Act.
The tenants have requested non-publication of their names. I do not consider that publication is in the public interest or is justified given the circumstances of the case.

Tenancy Tribunal case 4715411 — Tenancy dispute at 43 Moa Road, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 4715411 — Tenancy dispute at 43 Moa Road, Point Chevalier, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions