What was Tenancy Tribunal case 4801457 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 705, 38A Liverpool Street, Auckland

How much money was awarded in case 4801457?

and possession is granted to Home In…: $20.44 awarded to landlord

What type of tenancy dispute was case 4801457?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4801457?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211646-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4801457 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 705, 38A Liverpool Street, Auckland

How much money was awarded in case 4801457?

and possession is granted to Home In…: $20.44 awarded to landlord

What type of tenancy dispute was case 4801457?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4801457?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211646-Tribunal_Order_Redacted.pdf.

Unit/Flat 705, 38A Liverpool Street, Auckland Central, Tenancy Tribunal Case 4801457 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4801457. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and possession is granted to Home In Place (New Zealand) Limited, at 11:59pm on Monday 22 April 2024. 2. [The tenant/s]	$20.44		and possession is granted to Home In Place (New Zealand) Limited, at 11:59pm on Monday 22 April 2024. 2. [The tenant/s

The tenancy of [The tenant/s] at Unit/Flat 705, 38A Liverpool Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Home In Place (New Zealand) Limited, at 11:59pm on Monday 22 April 2024.

[The tenant/s] are to pay $20.44, as reimbursement of the filing fee, to Home In Place (New Zealand) Limited, immediately.

All other claims are dismissed.

Reasons

Mr Palelei attended the teleconference hearing on behalf of the landlord. One of the tenants, [Tenant 1], attended the teleconference hearing. The phone number for the second tenant, [Tenant 2], was called but the person who answered said it was not [Tenant 2]’s number. As [Tenant 2] was served, the hearing proceeded in her absence.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord provided rent records at the hearing, which showed that the tenants are in credit for rent up to 22 April 2024. The landlord and tenant confirmed that [Tenant 2] left the property in January 2024 and has not been paying rent since then. [Tenant 1] has had to take out a loan from WINZ to cover [Tenant 2]’s rent arrears. This is a joint tenancy. At the hearing, the rent was in credit to the tenants. Also, as is dealt with below regarding other charges, there is money which was paid by the tenant for electricity and internet, which was incorrectly recorded on the landlord’s rent summary as rent, as confirmed by both parties, making the rent summary unreliable. As such, the landlord has not proved the tenants owe them rent at the hearing date and so this claim is dismissed.

The landlord claimed $212.32 for electricity charges and $86.40 for internet charges. [Tenant 1] said she made a payment of $291.72 on 19 January 2024 which was meant to pay for electricity and internet. However, she said this payment had been applied by the landlord to [Tenant 2]’s rent arrears instead incorrectly, and this had not been rectified since. Mr Palelei confirmed this, despite the payment of $291.72 on 19 January 2024 being referenced as rent on the landlord’s rent summary. There were no electricity or internet invoices provided by the landlord to prove the amounts they claimed for these charges. The landlord confirmed at the hearing that the tenant has paid all water charges. As the landlord has not proved the tenants owe the landlord for electricity and internet, this claim is also dismissed.

As I have dismissed the landlord’s claims for rent arrears and for outgoings, being electricity and internet, and there are no orders for amounts owing to the landlord, I dismiss the landlord’s claim for refund of the bond. The bond is to be held at the Bond Centre.

Mr Palelei confirmed that the landlord intends on entering into a separate Tenancy Agreement with [Tenant 1] for a sole tenancy, as soon as this tenancy terminates, as she has been communicative with them and has made great efforts to pay debts owing, even on behalf of [Tenant 2].

Because Home In Place (New Zealand) Limited has been successful with the claim I must reimburse the filing fee.

The landlord did not request suppression, but [Tenant 1] requested name suppression.

Section 95A(4) RTA 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 all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

[Tenant 1] indicated that she had some concerns for her safety, should her name be published in any order. I note she has cooperated extensively with the landlord in attempting to rectify the other tenant’s lack of rent payments, even taking out a loan to cover this. In the circumstances and given the evidence, I find that [Tenant 1]’s interests in not having her name published outweigh the public interest in publishing her name. Therefore, I order that [Tenant 1]’s name and identifying details are not to be published. I order that [Tenant 2]’s name and identifying details also not be published, only due to any association with [Tenant 1] and any further issues this might cause her.

Order

Claims and awards in Tenancy Tribunal application 4801457. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and possession is granted to Home In Place (New Zealand) Limited, at 11:59pm on Monday 22 April 2024. 2. [The tenant/s]	$20.44		and possession is granted to Home In Place (New Zealand) Limited, at 11:59pm on Monday 22 April 2024. 2. [The tenant/s

[The tenant/s] are to pay $20.44, as reimbursement of the filing fee, to Home In Place (New Zealand) Limited, immediately.

All other claims are dismissed.

Reasons

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

Because Home In Place (New Zealand) Limited has been successful with the claim I must reimburse the filing fee.

The landlord did not request suppression, but [Tenant 1] requested name suppression.

Tenancy Tribunal case 4801457 — Rent arrears at Unit/Flat 705, 38A Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4801457 — Rent arrears at Unit/Flat 705, 38A Liverpool Street, Auckland Central,

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions