What was Tenancy Tribunal case 4788578 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4788578?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,774.15 awarded to landlord

What type of tenancy dispute was case 4788578?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4788578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10579139-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4788578 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4788578?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,774.15 awarded to landlord

What type of tenancy dispute was case 4788578?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4788578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10579139-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4788578 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4788578 — net $4,306.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 June 2024	$4,774.15	Rent arrears to 29 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,306.59
Total payable by Tenant to Landlord	$4,306.59

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12pm on 13 August 2024 subject to the following: a. The tenant is to pay current weekly rent of $84.00 on time for the remaining period of the tenancy. b. If the tenant fails to pay rent when it falls due the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

[The tenant/s] must pay [The landlord/s] $4,306.59 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $488.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing which was held by teleconference. [The tenant/s] was represented by her Aunty, [representative]. Part way through the hearing, [The tenant/s] call was disconnected due to continually interrupting and talking over the other parties despite several warnings. Her representative remained on the line and continued to speak on her behalf.

This matter was before me as a rehearing of the Tribunal’s order dated 26 March 2024 terminating the tenancy. This hearing was heard de novo. That is, I heard the case afresh based on the evidence and arguments presented to me.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The tenant disputed the landlord’s claim. She outlined the concerns she had with her support agency and landlord. She queried how the rent arrears arose as she had authorised the landlord to speak on her behalf concerning all her WINZ appointments as she suffers from anxiety and mental health problems. She did not feel her social worker acted in her best interests.

In response, the landlord considered the social worker did as much as he could to support the tenant but WINZ declined to pay the arrears which was an accumulation over the years.

I find the rent was at least 21 days in arrears on the date the application was filed. Rent arrears had significantly increased since. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing. The tenant did not provide any independent evidence to support her view that the amount owing was wrong.

In the meantime, the landlord advised that it has issued the tenant with a 90 day notice ending the tenancy on 14 August 2024. The landlord advised that its lease with its own landlord had come to an end and the landlord did not want to renew it. The landlord further advised that despite multiple attempts to get the tenant’s agreement to move her to another accommodation but she has refused to engage.

I appreciate that the tenant’s personal circumstances are such that moving out will be difficult. While I acknowledge the tenant’s position, their personal circumstances in and of themselves are not factors the Tribunal can take account of. However, I have deferred termination on condition that the tenant continues to pay rent for the remaining period of the tenancy. This is so the tenant can engage with the landlord to discuss transferring into another accommodation. Other matters

I note the tenant was also concerned about other actions by the landlord ie. allegedly turning off her water. She says this put her through a lot of trauma and stress. It is open to the tenant to file an application through Tenancy Services for compensation which will be heard separately. Filing fee and suppression order

Section 95A (4) provides that the Tribunal may on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.

As the landlord has wholly succeeded with the claim, I must reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

The tenant did not seek a suppression order. I consider given the sensitive nature of the tenant’s personal circumstances it is appropriate to grant name suppression (and that of her representative) to maintain privacy. Such public interest as there may be in this case does not, in my view, outweigh these factors.

Claims and awards in Tenancy Tribunal application 4788578 — net $4,306.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 June 2024	$4,774.15	Rent arrears to 29 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,306.59
Total payable by Tenant to Landlord	$4,306.59

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12pm on 13 August 2024 subject to the following: a. The tenant is to pay current weekly rent of $84.00 on time for the remaining period of the tenancy. b. If the tenant fails to pay rent when it falls due the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
[The tenant/s] must pay [The landlord/s] $4,306.59 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $488.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing which was held by teleconference. [The tenant/s] was represented by her Aunty, [representative]. Part way through the hearing, [The tenant/s] call was disconnected due to continually interrupting and talking over the other parties despite several warnings. Her representative remained on the line and continued to speak on her behalf.
This matter was before me as a rehearing of the Tribunal’s order dated 26 March 2024 terminating the tenancy. This hearing was heard de novo. That is, I heard the case afresh based on the evidence and arguments presented to me.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant disputed the landlord’s claim. She outlined the concerns she had with her support agency and landlord. She queried how the rent arrears arose as she had authorised the landlord to speak on her behalf concerning all her WINZ appointments as she suffers from anxiety and mental health problems. She did not feel her social worker acted in her best interests.
In response, the landlord considered the social worker did as much as he could to support the tenant but WINZ declined to pay the arrears which was an accumulation over the years.
I find the rent was at least 21 days in arrears on the date the application was filed. Rent arrears had significantly increased since. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing. The tenant did not provide any independent evidence to support her view that the amount owing was wrong.
In the meantime, the landlord advised that it has issued the tenant with a 90 day notice ending the tenancy on 14 August 2024. The landlord advised that its lease with its own landlord had come to an end and the landlord did not want to renew it. The landlord further advised that despite multiple attempts to get the tenant’s agreement to move her to another accommodation but she has refused to engage.
I appreciate that the tenant’s personal circumstances are such that moving out will be difficult. While I acknowledge the tenant’s position, their personal circumstances in and of themselves are not factors the Tribunal can take account of. However, I have deferred termination on condition that the tenant continues to pay rent for the remaining period of the tenancy. This is so the tenant can engage with the landlord to discuss transferring into another accommodation. Other matters
I note the tenant was also concerned about other actions by the landlord ie. allegedly turning off her water. She says this put her through a lot of trauma and stress. It is open to the tenant to file an application through Tenancy Services for compensation which will be heard separately. Filing fee and suppression order
Section 95A (4) provides that the Tribunal may on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.
As the landlord has wholly succeeded with the claim, I must reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
The tenant did not seek a suppression order. I consider given the sensitive nature of the tenant’s personal circumstances it is appropriate to grant name suppression (and that of her representative) to maintain privacy. Such public interest as there may be in this case does not, in my view, outweigh these factors.

Tenancy Tribunal case 4788578 — Rent arrears

At a glance

Tenancy Tribunal case 4788578 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions