What was Tenancy Tribunal case 4731196 about?

The tribunal order states: The tenancy of Christine Scott at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4731196?

Rent Arrears: $822.85 awarded to landlord

What type of tenancy dispute was case 4731196?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4731196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820745-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4731196 about?

The tribunal order states: The tenancy of Christine Scott at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4731196?

Rent Arrears: $822.85 awarded to landlord

What type of tenancy dispute was case 4731196?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4731196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820745-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4731196 — Rent arrears

Claims and awards in Tenancy Tribunal application 4731196. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$822.85		Rent arrears

Order

The tenancy of Christine Scott at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 17 January 2024.
The Bond Centre is to pay the bond of $822.85 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $2,057.15 is to remain at the Bond Centre.

Reasons

Both parties attended this remote teleconference hearing on 9 January 2024.The landlord was represented by [The landlord’s representative/s].
The tenancy of the premises at [tenancy address suppressed] (“the premises”) commenced on 1 August 2023 and was current as of the date of this hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the landlord) to establish their claims “on the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not. The Tribunal is not required to decide which party is telling the truth, but solely whether the claim has been proven on the balance of probabilities. This is referred to as the “burden of proof.”
As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.
The Tribunal is not required to make reference to all of the evidence proffered by the parties however, the parties can be assured that it has all been carefully considered.
The landlord seeks to terminate the tenancy under s.55(1)(a) Residential Tenancies Act 1986(“RTA”). Section 55(1)(a) RTA provides that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was 21 days or more in arrears on the day that the application was filed with the Tribunal. In this case that date was 9 November 2023.
The landlord provided a rent summary which shows that on 9 November 2023 the rent was in arrears in the amount of $5,348.58.
The tenant provided a range of bank documents. The documents were provided a matter of hours prior to the hearing taking place. The tenant suggests that the rent was not in arrears by the amount claimed by the landlord on the date the application was filed. The tenant says that she paid all the arrears to the landlord on the date of this hearing as she was in a dispute with [redacted] Bank about the payment of rent payments that she had made. She says that she has paid all of the arrears for a second time, as her dispute is with the bank and not the landlord. The amount paid yesterday exceeds $6,000.00.
The tenant accepted that she is to be sentenced in the District Court later in the month on matters including using a false identity document to enter into this tenancy.
Weighing up the evidence of the landlord and the evidence provided by the tenant, including the proposition that she would pay rent exceeding $6,000.00 for a second time, I prefer the evidence of the landlord.
Rent was at least 21 days in arrears on the date the application was filed. The Tribunal may refuse to make an order terminating the tenancy where the breach has been remedied (and it has), the landlord has been compensated for any loss (there are no apparent losses ) and it is unlikely that the tenant will commit any further breach of their obligation to pay rent. Having reviewed the evidence and the substantial amount of arrears which developed on this property, I am not satisfied that the tenant will meet her rent obligations in the future. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which show the amount owing by the tenant on the date of the hearing was $7,200.00 .The tenant paid $6,480.00 and $720.00 to the landlord on the date of the hearing. I do not accept the evidence of the tenant that a payment of $720.00 was made to the landlord via a friends account on 24 October 2023.
The rent arrears at the end of the tenancy on 17 January 2024 will be $822.85.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties have applied for name suppression. The landlord has been wholly successful in this matter and the name and details of the landlord are suppressed. The tenant has not been wholly or substantially successful in this matter. The tenant application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 4731196. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$822.85		Rent arrears

Order

The tenancy of Christine Scott at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Wednesday 17 January 2024.
The Bond Centre is to pay the bond of $822.85 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $2,057.15 is to remain at the Bond Centre.

Reasons

Both parties attended this remote teleconference hearing on 9 January 2024.The landlord was represented by [The landlord’s representative/s].
The tenancy of the premises at [tenancy address suppressed] (“the premises”) commenced on 1 August 2023 and was current as of the date of this hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the landlord) to establish their claims “on the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not. The Tribunal is not required to decide which party is telling the truth, but solely whether the claim has been proven on the balance of probabilities. This is referred to as the “burden of proof.”
As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.
The Tribunal is not required to make reference to all of the evidence proffered by the parties however, the parties can be assured that it has all been carefully considered.
The landlord seeks to terminate the tenancy under s.55(1)(a) Residential Tenancies Act 1986(“RTA”). Section 55(1)(a) RTA provides that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was 21 days or more in arrears on the day that the application was filed with the Tribunal. In this case that date was 9 November 2023.
The landlord provided a rent summary which shows that on 9 November 2023 the rent was in arrears in the amount of $5,348.58.
The tenant provided a range of bank documents. The documents were provided a matter of hours prior to the hearing taking place. The tenant suggests that the rent was not in arrears by the amount claimed by the landlord on the date the application was filed. The tenant says that she paid all the arrears to the landlord on the date of this hearing as she was in a dispute with [redacted] Bank about the payment of rent payments that she had made. She says that she has paid all of the arrears for a second time, as her dispute is with the bank and not the landlord. The amount paid yesterday exceeds $6,000.00.
The tenant accepted that she is to be sentenced in the District Court later in the month on matters including using a false identity document to enter into this tenancy.
Weighing up the evidence of the landlord and the evidence provided by the tenant, including the proposition that she would pay rent exceeding $6,000.00 for a second time, I prefer the evidence of the landlord.
Rent was at least 21 days in arrears on the date the application was filed. The Tribunal may refuse to make an order terminating the tenancy where the breach has been remedied (and it has), the landlord has been compensated for any loss (there are no apparent losses ) and it is unlikely that the tenant will commit any further breach of their obligation to pay rent. Having reviewed the evidence and the substantial amount of arrears which developed on this property, I am not satisfied that the tenant will meet her rent obligations in the future. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which show the amount owing by the tenant on the date of the hearing was $7,200.00 .The tenant paid $6,480.00 and $720.00 to the landlord on the date of the hearing. I do not accept the evidence of the tenant that a payment of $720.00 was made to the landlord via a friends account on 24 October 2023.
The rent arrears at the end of the tenancy on 17 January 2024 will be $822.85.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties have applied for name suppression. The landlord has been wholly successful in this matter and the name and details of the landlord are suppressed. The tenant has not been wholly or substantially successful in this matter. The tenant application for suppression is dismissed.

Tenancy Tribunal case 4731196 — Rent arrears

At a glance

Tenancy Tribunal case 4731196 — Rent arrears

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