How much money was awarded in case 4725930?

Rent Arrears: $1,680.00 awarded to landlord

What type of tenancy dispute was case 4725930?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4725930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079088-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4725930?

Rent Arrears: $1,680.00 awarded to landlord

What type of tenancy dispute was case 4725930?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4725930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079088-Tenancy_Tribunal_Order.pdf.

22-1 Lyn Street, New Plymouth, Taranaki 4310 Tenancy Tribunal Case 4725930 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4725930?

The tribunal order states: Mark Terrill’s application for rehearing is granted and the rehearing of his

Order

Claims and awards in Tenancy Tribunal application 4725930. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Total rent arrears owed to 11/12/2023	$1,680.00		Total rent arrears owed to 11/12/2023
Less bond already refunded to the Landlord	$4,041.00		Less bond already refunded to the Landlord

Mark Terrill’s application for rehearing is granted and the rehearing of his original application proceeded immediately.

Stephen Mark Rilley must pay Mark Terrill $4,041.00 immediately, being rent arrears owing at the end of the tenancy, calculated below: $5,721.00 Total rent arrears owed to 11/12/2023 $1,680.00 Less bond already refunded to the Landlord $4,041.00 Total owed by Tenant to Landlord

Stephen Mark Rilley must pay Mark Terrill $20.44 immediately, being reimbursement of the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference. Rehearing application

Mr Terrill (the landlord) has applied for a rehearing of the Tribunal order dated 9 February 2024 dismissing his application due to him not attending the hearing.

For the reasons set out below, I am satisfied that a miscarriage of justice may have occurred and a rehearing is granted. See section 105 Residential Tenancies Act 1986.

The landlord explained that he was waiting for a call from the Tribunal for the reconvened hearing but did not receive a call. He contacted the courts to follow up and was advised that the Adjudicator had used the wrong contact number.

However, the Tribunal had contacted the landlord several times on the same contact number used for the first hearing. This was the same contact number provided by the landlord in his original application and the rehearing application. There are no notes on the file from the court’s contact centre that the landlord had contacted the court to follow up why he had not received a call from the Tribunal or that he had been advised that the Adjudicator had used the wrong contact number.

The right to be heard is a fundamental element of our justice system. Depriving a party of their right to be heard is a breach of natural justice.

I accept that it is not uncommon for technical issues to arise when using the MS Teams platform for the teleconference hearings. Despite having called the landlord on his correct contact number for the hearing, I have given him the benefit of the doubt that he did not receive the call. Therefore, a rehearing is granted to ensure the landlord has an opportunity to be heard to avoid any potential miscarriage of justice.

In the circumstances, and taking a pragmatic approach, it is appropriate and efficient to proceed and hear the original application immediately.

How much is owed for rent?

This matter was originally heard on 13 December 2023.

The tenancy ended on 11 December 2023. The landlord provided rent records showing rent arrears of $6,171.00 owing at the end of the tenancy.

The tenant accepted that he owed some rent arrears but disputed the amount claimed by the landlord. The tenant does not dispute that he was at the tenancy for 17 weeks. He says he paid 4 weeks rent ($1,800.00), 1 weeks’ rent in advance ($450.00) and the bond of $1,680.00.

The rent summary produced by the landlord only showed 3 payments of rent of $450.00 on 24 August 2023, 1 September 2023 and 28 September 2023. After discussion, the landlord accepted that there was a 4 th payment of rent of $450.00 made on 21 September 2023 which was not recorded in the rent summary. This brings the total rent arrears owed to $5,721.00, calculated in the table below: $6,171.00 (original amount of rent arrears claimed) -$450.00 (payment made on 21/09/2023 not recorded in the rent summary) $5,721.00 Total rent arrears

The tenant asserts that 1 weeks’ rent in advance had also been paid but has not been taken into account. Unfortunately, there is no evidence before the Tribunal that a payment of 1 weeks’ rent in advance of $450.00 had been paid in addition to the 4 payments of $450.00 identified above. The tenant can file a rehearing application should he obtain evidence to support a payment of 1 weeks’ rent in advance was made in addition to the 4 weeks rent noted above.

As the landlord has been substantially successful with the claim, I consider it reasonable for the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4725930. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Total rent arrears owed to 11/12/2023	$1,680.00		Total rent arrears owed to 11/12/2023
Less bond already refunded to the Landlord	$4,041.00		Less bond already refunded to the Landlord

Order

Mark Terrill’s application for rehearing is granted and the rehearing of his original application proceeded immediately.
Stephen Mark Rilley must pay Mark Terrill $4,041.00 immediately, being rent arrears owing at the end of the tenancy, calculated below: $5,721.00 Total rent arrears owed to 11/12/2023 $1,680.00 Less bond already refunded to the Landlord $4,041.00 Total owed by Tenant to Landlord
Stephen Mark Rilley must pay Mark Terrill $20.44 immediately, being reimbursement of the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference. Rehearing application
Mr Terrill (the landlord) has applied for a rehearing of the Tribunal order dated 9 February 2024 dismissing his application due to him not attending the hearing.
For the reasons set out below, I am satisfied that a miscarriage of justice may have occurred and a rehearing is granted. See section 105 Residential Tenancies Act 1986.
The landlord explained that he was waiting for a call from the Tribunal for the reconvened hearing but did not receive a call. He contacted the courts to follow up and was advised that the Adjudicator had used the wrong contact number.
However, the Tribunal had contacted the landlord several times on the same contact number used for the first hearing. This was the same contact number provided by the landlord in his original application and the rehearing application. There are no notes on the file from the court’s contact centre that the landlord had contacted the court to follow up why he had not received a call from the Tribunal or that he had been advised that the Adjudicator had used the wrong contact number.
The right to be heard is a fundamental element of our justice system. Depriving a party of their right to be heard is a breach of natural justice.
I accept that it is not uncommon for technical issues to arise when using the MS Teams platform for the teleconference hearings. Despite having called the landlord on his correct contact number for the hearing, I have given him the benefit of the doubt that he did not receive the call. Therefore, a rehearing is granted to ensure the landlord has an opportunity to be heard to avoid any potential miscarriage of justice.
In the circumstances, and taking a pragmatic approach, it is appropriate and efficient to proceed and hear the original application immediately.

How much is owed for rent?

This matter was originally heard on 13 December 2023.
The tenancy ended on 11 December 2023. The landlord provided rent records showing rent arrears of $6,171.00 owing at the end of the tenancy.
The tenant accepted that he owed some rent arrears but disputed the amount claimed by the landlord. The tenant does not dispute that he was at the tenancy for 17 weeks. He says he paid 4 weeks rent ($1,800.00), 1 weeks’ rent in advance ($450.00) and the bond of $1,680.00.
The rent summary produced by the landlord only showed 3 payments of rent of $450.00 on 24 August 2023, 1 September 2023 and 28 September 2023. After discussion, the landlord accepted that there was a 4 th payment of rent of $450.00 made on 21 September 2023 which was not recorded in the rent summary. This brings the total rent arrears owed to $5,721.00, calculated in the table below: $6,171.00 (original amount of rent arrears claimed) -$450.00 (payment made on 21/09/2023 not recorded in the rent summary) $5,721.00 Total rent arrears
The tenant asserts that 1 weeks’ rent in advance had also been paid but has not been taken into account. Unfortunately, there is no evidence before the Tribunal that a payment of 1 weeks’ rent in advance of $450.00 had been paid in addition to the 4 payments of $450.00 identified above. The tenant can file a rehearing application should he obtain evidence to support a payment of 1 weeks’ rent in advance was made in addition to the 4 weeks rent noted above.
As the landlord has been substantially successful with the claim, I consider it reasonable for the other party to reimburse the filing fee.

Tenancy Tribunal case 4725930 — Rent arrears at 22-1 Lyn Street, New Plymouth, Taranaki 4310

At a glance

Tenancy Tribunal case 4725930 — Rent arrears at 22-1 Lyn Street, New Plymouth, Taranaki 4310

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions