What was Tenancy Tribunal case 4782545 about?

The tribunal order states: The tenancy of Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala at

How much money was awarded in case 4782545?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,598.57 awarded to landlord; Water Rates: $927.70 awarded to landlord

What type of tenancy dispute was case 4782545?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140599-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782545 about?

The tribunal order states: The tenancy of Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala at

How much money was awarded in case 4782545?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,598.57 awarded to landlord; Water Rates: $927.70 awarded to landlord

What type of tenancy dispute was case 4782545?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140599-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4782545 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4782545 — net $12,546.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 27 March 2024	$11,598.57	Rent arrears as of 27 March 2024
Water rates	$927.70	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,546.71
Total payable by Tenant to Landlord	$12,546.71

The tenancy of Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala must pay [The landlord/s] $12,546.71 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as of 27 March 2024$11,598.57 Water rates$927.70 Filing fee reimbursement$20.44 Total award$12,546.71 Total payable by Tenant to Landlord$12,546.71

Reasons

The Tribunal must consider an application filed by the landlord. The landlord seeks a termination of the tenancy because of rent arrears, and also an order for water rates.

Only the landlord appeared at the hearing. I am satisfied that the tenants have been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenants pay rent arrears.

The landlord has provided the Tribunal with a rent ledger which shows the arrears as of 27 March 2024 is $11,598.57. I have no reason to consider that record to be incorrect.

The landlord has established that the tenants are in arrears to the amount claimed, and that is ordered in full.

The Tribunal also accepts that there are water charges owing of $927.70, that is ordered also.

TERMINATION OF TENANCY

The landlord seeks a termination of the tenancy. Because the rent arrears was over 21 days in arrears when the application was filed, a termination of the tenancy is ordered (section 55).

The landlord understands based on communications from the tenant, that the premises have been vacated. Based on that I have ordered immediate termination of the tenancy.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression, which is ordered as the landlord has wholly succeeding in the claim. Name suppression is ordered.

Claims and awards in Tenancy Tribunal application 4782545 — net $12,546.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 27 March 2024	$11,598.57	Rent arrears as of 27 March 2024
Water rates	$927.70	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,546.71
Total payable by Tenant to Landlord	$12,546.71

Order

The tenancy of Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Toe Sega, Vanila Taala, Keith Taala and Etiveni Taala must pay [The landlord/s] $12,546.71 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as of 27 March 2024$11,598.57 Water rates$927.70 Filing fee reimbursement$20.44 Total award$12,546.71 Total payable by Tenant to Landlord$12,546.71

Reasons

The Tribunal must consider an application filed by the landlord. The landlord seeks a termination of the tenancy because of rent arrears, and also an order for water rates.
Only the landlord appeared at the hearing. I am satisfied that the tenants have been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenants pay rent arrears.
The landlord has provided the Tribunal with a rent ledger which shows the arrears as of 27 March 2024 is $11,598.57. I have no reason to consider that record to be incorrect.
The landlord has established that the tenants are in arrears to the amount claimed, and that is ordered in full.
The Tribunal also accepts that there are water charges owing of $927.70, that is ordered also.

TERMINATION OF TENANCY

The landlord seeks a termination of the tenancy. Because the rent arrears was over 21 days in arrears when the application was filed, a termination of the tenancy is ordered (section 55).
The landlord understands based on communications from the tenant, that the premises have been vacated. Based on that I have ordered immediate termination of the tenancy.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression, which is ordered as the landlord has wholly succeeding in the claim. Name suppression is ordered.

Tenancy Tribunal case 4782545 — Rent arrears

At a glance

Tenancy Tribunal case 4782545 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS AND WATER RATES

TERMINATION OF TENANCY

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS AND WATER RATES

TERMINATION OF TENANCY

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions