What was Tenancy Tribunal case 4753989 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $780.44 immediately, calculated as

How much money was awarded in case 4753989?

Filing Fee: $20.44 awarded to landlord; Less Already Paid By Tenant: $350.00 awarded to tenant; Rent Arrears: $881.41 awarded to landlord; Water Rates: $228.59 awarded to landlord

What type of tenancy dispute was case 4753989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4753989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10978322-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4753989 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $780.44 immediately, calculated as

How much money was awarded in case 4753989?

Filing Fee: $20.44 awarded to landlord; Less Already Paid By Tenant: $350.00 awarded to tenant; Rent Arrears: $881.41 awarded to landlord; Water Rates: $228.59 awarded to landlord

What type of tenancy dispute was case 4753989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4753989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10978322-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4753989 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4753989 — net $780.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4/12/2023	$881.41		Rent arrears to 4/12/2023
Water rates to end of tenancy	$228.59		Water rates to end of tenancy
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less already paid by tenant		$350.00	al’s consent order required the tenant to pay $600.00. The tenant has only paid $350.00.
Total award	$1,130.44	$350.00
Net award	$780.44
Total payable by Tenant to Landlord	$780.44

Only the applicant attended the hearing which took place by telephone. The tenant was called on the number provided multiple times at 9.30am and there was no response. Due to the history of this matter the Tribunal stood the matter down until 10am and the tenant was emailed and given an opportunity to provide another number or answer the call at 10am. The tenant was called on two further occasions at 10am there was still no response. The file records that the tenant was sent notice of the hearing. The hearing proceeded in the tenant’s absence.

This is a rehearing. DescriptionLandlordTenant Rent arrears to 4/12/2023$881.41 Water rates to end of tenancy$228.59 Filing fee reimbursement$20.44 Less $350 already paid by tenant $350.00 Total award$1,130.44$350.00 Net award$780.44 Total payable by Tenant to Landlord$780.44

On 8 February 2024 the Tribunal made a consent order recording that the tenant would pay $600.00 to the landlord to resolve all disputes between them.

On 25 July 2024 the Tribunal granted a rehearing of the landlord’s application. The adjudicator stated his reasons for granting a rehearing as follows: “9. The Tribunal’s consent order required the tenant to pay $600.00. The tenant has only paid $350.00. Moreover, the tenant filed her own claim when the settlement agreement anticipated that there would be no further proceedings.

The terms of the sealed settlement agreement not having been met, there is an obvious miscarriage of justice.”

The matter is set down for rehearing today.

The landlord has applied for rent arrears and water arrears and refund of the filing fee.

This tenancy ended on 4 December 2023.

The bond has already been refunded to the landlord.

Does the tenant owe rent and water arrears?

The landlord has provided rent records which record the rent charged and rent paid, including cash payments. The amount of rent arrears sought after refund of the bond is the amount of $1532.84 to 10 December 2023 as the landlord claimed that this was the end of the 28 day notice period.

The landlord did not provide a copy of the notice to end the tenancy and in her application recorded the end of tenancy date as 4 December 2023. The Tribunal therefore orders rent arrears to 4 December 2023 in the sum of $881.41.

The landlord also sought payment of $228.59 in outstanding water rates and a statement and invoices were provided. The amount is ordered as sought.

The $350.00 paid by the tenant since the consent order was made, as referred to in the Tribunal order of 25 July 2024 granting this rehearing, is deducted from the total ordered. Filing fee/Suppression

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has been successful today and seeks suppression. Having considered the factors in this case including previous suppression granted the Tribunal orders suppression of all parties’ identifying details.

Claims and awards in Tenancy Tribunal application 4753989 — net $780.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4/12/2023	$881.41		Rent arrears to 4/12/2023
Water rates to end of tenancy	$228.59		Water rates to end of tenancy
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less already paid by tenant		$350.00	al’s consent order required the tenant to pay $600.00. The tenant has only paid $350.00.
Total award	$1,130.44	$350.00
Net award	$780.44
Total payable by Tenant to Landlord	$780.44

Order

[The tenant/s] must pay [The landlord/s] $780.44 immediately, calculated as shown in the table below:

Reasons

Only the applicant attended the hearing which took place by telephone. The tenant was called on the number provided multiple times at 9.30am and there was no response. Due to the history of this matter the Tribunal stood the matter down until 10am and the tenant was emailed and given an opportunity to provide another number or answer the call at 10am. The tenant was called on two further occasions at 10am there was still no response. The file records that the tenant was sent notice of the hearing. The hearing proceeded in the tenant’s absence.
This is a rehearing. DescriptionLandlordTenant Rent arrears to 4/12/2023$881.41 Water rates to end of tenancy$228.59 Filing fee reimbursement$20.44 Less $350 already paid by tenant $350.00 Total award$1,130.44$350.00 Net award$780.44 Total payable by Tenant to Landlord$780.44
On 8 February 2024 the Tribunal made a consent order recording that the tenant would pay $600.00 to the landlord to resolve all disputes between them.
On 25 July 2024 the Tribunal granted a rehearing of the landlord’s application. The adjudicator stated his reasons for granting a rehearing as follows: “9. The Tribunal’s consent order required the tenant to pay $600.00. The tenant has only paid $350.00. Moreover, the tenant filed her own claim when the settlement agreement anticipated that there would be no further proceedings.
The terms of the sealed settlement agreement not having been met, there is an obvious miscarriage of justice.”
The matter is set down for rehearing today.
The landlord has applied for rent arrears and water arrears and refund of the filing fee.
This tenancy ended on 4 December 2023.
The bond has already been refunded to the landlord.

Does the tenant owe rent and water arrears?

The landlord has provided rent records which record the rent charged and rent paid, including cash payments. The amount of rent arrears sought after refund of the bond is the amount of $1532.84 to 10 December 2023 as the landlord claimed that this was the end of the 28 day notice period.
The landlord did not provide a copy of the notice to end the tenancy and in her application recorded the end of tenancy date as 4 December 2023. The Tribunal therefore orders rent arrears to 4 December 2023 in the sum of $881.41.
The landlord also sought payment of $228.59 in outstanding water rates and a statement and invoices were provided. The amount is ordered as sought.
The $350.00 paid by the tenant since the consent order was made, as referred to in the Tribunal order of 25 July 2024 granting this rehearing, is deducted from the total ordered. Filing fee/Suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has been successful today and seeks suppression. Having considered the factors in this case including previous suppression granted the Tribunal orders suppression of all parties’ identifying details.

Tenancy Tribunal case 4753989 — Rent arrears

At a glance

Tenancy Tribunal case 4753989 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and water arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and water arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions