What was Tenancy Tribunal case 4819277 about?

The tribunal order states: Ratu Elijah Vunakivyya Raikadroka must pay [The landlord/s] $2,467.64

How much money was awarded in case 4819277?

Filing Fee: $20.44 awarded to landlord; Minus Rent Credit: $2,800.00 awarded to tenant; Rent Arrears: $7,313.88 awarded to landlord; Water Rates: $733.32 awarded to landlord

What type of tenancy dispute was case 4819277?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4819277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313634-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4819277 about?

The tribunal order states: Ratu Elijah Vunakivyya Raikadroka must pay [The landlord/s] $2,467.64

How much money was awarded in case 4819277?

Filing Fee: $20.44 awarded to landlord; Minus Rent Credit: $2,800.00 awarded to tenant; Rent Arrears: $7,313.88 awarded to landlord; Water Rates: $733.32 awarded to landlord

What type of tenancy dispute was case 4819277?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4819277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313634-Tribunal_Order_Redacted.pdf.

19A Garth Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4819277 — Rent arrears

Claims and awards in Tenancy Tribunal application 4819277 — net $5,267.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as of 21 February 2024	$7,313.88		Rent arrears as of 21 February 2024
Water rates	$733.32		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Minus rent credit		$2,800.00	Minus rent credit
Total award	$8,067.64	$2,800.00
Net award	$5,267.64
Total payable by Tenant to Landlord	$5,267.64

Order

Ratu Elijah Vunakivyya Raikadroka must pay [The landlord/s] $2,467.64 immediately, calculated as shown in table below.
The Tribunal orders that the tenancy of Ratu Elijah Vunakivyya Raikadroka at 19A Garth Place, Manurewa, Auckland 2102 is terminated immediately, and possession is to return to [The landlord/s] $2,467.64immediately.

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 25 March 2023 as a periodic tenancy.
On 20 November 2023 the landlord issued a notice to the tenant, terminating the tenancy with the last date of the tenancy being 21 February 2024.
The landlord’s application came to a hearing in the Tribunal before Adjudicator Walker. In her decision of 6 March 2024, the adjudicator ordered that the hearing be adjourned, because the landlord had not provided the rent ledger in a satisfactory format. However the adjudicator also observed: The landlord applied for termination of the tenancy due to abandonment. When asked about this the landlord’s representative referred to a notice to end the tenancy which was dated 20 November 2023 with a tenancy termination date of 21 February 2024. That notice does not comply with the Act because there is no reason given for the termination. This will be a matter for the Adjudicator hearing this matter.
It is not recorded in that order whether the tenant was still in possession of the premises.
The landlord subsequently filed a rent ledger that does meet the needs of the Tribunal in order to determine the rent arrears situation, and a hearing was scheduled for today.
As I noted above, at today’s hearing the landlord attended, but there was no appearance by the tenant. The landlord seeks an order in relation to rent arrears and water rates, and an order terminating the tenancy.

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 unlikely, 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.
As noted by the District Court 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.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has claimed rent arrears of $15,439.60 as of the date of the hearing. As I advised the landlord, I am not prepared to order arrears beyond 21 February 2024 for these reasons.
Firstly, it is the case that the landlord gave the tenant notice that the tenancy was ending on 21 February 2024. While I agree with Ms Walker this notice was technically deficient, the tenant was still entitled to rely on it, and there is no evidence before me to suggest that the tenant was aware that the notice was defective 1 . That means, in the absence of evidence to the contrary, the tenant was likely to have believed the tenancy ended on 21 February 2024.
At the hearing today I asked the landlord if the tenant was still in possession of the premises. The landlord did not know, because he had not been to the premises since 21 February 2024. The landlord says that they have not been able to contact the tenant by phone or text, and the keys have not been returned.
There is no obligation on the tenant to answer the landlord’s phone calls, or return the landlords text messages. While the tenants did need to return the keys, as I noted at the hearing today, it is not uncommon for tenants to 1 Section 51 of the RTA relates to termination by notice, and requires at subsection 3, that the written termination notice set out the reasons for the termination, which is missing in this notice. leave the keys inside the premises when they leave the premises, and I cannot be sure that did not occur here.
In any event, the landlord has not convinced me that the tenant has remained in possession of the premises as at today’s hearing. I consider that the tenant is however liable for any rent due as of 21 February 2024. I award rent to that date.
As I noted to the landlord, if they now go to the tenancy and find that the tenant is still living in the house, then they can file a new application for the additional rent arrears then.
I have calculated that the rent due as of 21 February 2024 is $7,313.88 and that is ordered.
However, I must also deduct any bond paid. The landlord’s rent ledger shows that the tenant paid a bond of $2,800.00. I have contacted the Bond Centre to clarify the details of the bond and have been advise that the Bond Centre has no record of a bond being lodged for this address, or this tenant. That being the case I must assume that the landlord still holds the bond money, so I will treat that as a credit for the purposes of the arrears claim.
The landlord also claims the water rates. The tenant is not disputed or disproven liability for the water rates claimed, therefore I order the water rates to be paid of $733.32 in full. TERMINATION OF TENANCY.
The landlord seeks an order terminating the tenancy. While it may be that the tenant has already left the premises, it is sensible that the Tribunal consider an order terminating the tenancy in the circumstances to finalise matters.
The landlord’s application to the Tribunal seeking termination was filed on 26 February 2024. The rent arrears were well beyond 21 days in arrears on that date.
Section 55 of the RTA confirms that the Tribunal shall order termination of the tenancy, when the arrears are more than 21 days in arrears on the date of the application, as is the case here.
Immediate termination is ordered.

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 given the landlord has been successful in the application.

Claims and awards in Tenancy Tribunal application 4819277 — net $5,267.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as of 21 February 2024	$7,313.88		Rent arrears as of 21 February 2024
Water rates	$733.32		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Minus rent credit		$2,800.00	Minus rent credit
Total award	$8,067.64	$2,800.00
Net award	$5,267.64
Total payable by Tenant to Landlord	$5,267.64

Order

Ratu Elijah Vunakivyya Raikadroka must pay [The landlord/s] $2,467.64 immediately, calculated as shown in table below.
The Tribunal orders that the tenancy of Ratu Elijah Vunakivyya Raikadroka at 19A Garth Place, Manurewa, Auckland 2102 is terminated immediately, and possession is to return to [The landlord/s] $2,467.64immediately.

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 25 March 2023 as a periodic tenancy.
On 20 November 2023 the landlord issued a notice to the tenant, terminating the tenancy with the last date of the tenancy being 21 February 2024.
The landlord’s application came to a hearing in the Tribunal before Adjudicator Walker. In her decision of 6 March 2024, the adjudicator ordered that the hearing be adjourned, because the landlord had not provided the rent ledger in a satisfactory format. However the adjudicator also observed: The landlord applied for termination of the tenancy due to abandonment. When asked about this the landlord’s representative referred to a notice to end the tenancy which was dated 20 November 2023 with a tenancy termination date of 21 February 2024. That notice does not comply with the Act because there is no reason given for the termination. This will be a matter for the Adjudicator hearing this matter.
It is not recorded in that order whether the tenant was still in possession of the premises.
The landlord subsequently filed a rent ledger that does meet the needs of the Tribunal in order to determine the rent arrears situation, and a hearing was scheduled for today.
As I noted above, at today’s hearing the landlord attended, but there was no appearance by the tenant. The landlord seeks an order in relation to rent arrears and water rates, and an order terminating the tenancy.

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 unlikely, 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.
As noted by the District Court 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.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has claimed rent arrears of $15,439.60 as of the date of the hearing. As I advised the landlord, I am not prepared to order arrears beyond 21 February 2024 for these reasons.
Firstly, it is the case that the landlord gave the tenant notice that the tenancy was ending on 21 February 2024. While I agree with Ms Walker this notice was technically deficient, the tenant was still entitled to rely on it, and there is no evidence before me to suggest that the tenant was aware that the notice was defective 1 . That means, in the absence of evidence to the contrary, the tenant was likely to have believed the tenancy ended on 21 February 2024.
At the hearing today I asked the landlord if the tenant was still in possession of the premises. The landlord did not know, because he had not been to the premises since 21 February 2024. The landlord says that they have not been able to contact the tenant by phone or text, and the keys have not been returned.
There is no obligation on the tenant to answer the landlord’s phone calls, or return the landlords text messages. While the tenants did need to return the keys, as I noted at the hearing today, it is not uncommon for tenants to 1 Section 51 of the RTA relates to termination by notice, and requires at subsection 3, that the written termination notice set out the reasons for the termination, which is missing in this notice. leave the keys inside the premises when they leave the premises, and I cannot be sure that did not occur here.
In any event, the landlord has not convinced me that the tenant has remained in possession of the premises as at today’s hearing. I consider that the tenant is however liable for any rent due as of 21 February 2024. I award rent to that date.
As I noted to the landlord, if they now go to the tenancy and find that the tenant is still living in the house, then they can file a new application for the additional rent arrears then.
I have calculated that the rent due as of 21 February 2024 is $7,313.88 and that is ordered.
However, I must also deduct any bond paid. The landlord’s rent ledger shows that the tenant paid a bond of $2,800.00. I have contacted the Bond Centre to clarify the details of the bond and have been advise that the Bond Centre has no record of a bond being lodged for this address, or this tenant. That being the case I must assume that the landlord still holds the bond money, so I will treat that as a credit for the purposes of the arrears claim.
The landlord also claims the water rates. The tenant is not disputed or disproven liability for the water rates claimed, therefore I order the water rates to be paid of $733.32 in full. TERMINATION OF TENANCY.
The landlord seeks an order terminating the tenancy. While it may be that the tenant has already left the premises, it is sensible that the Tribunal consider an order terminating the tenancy in the circumstances to finalise matters.
The landlord’s application to the Tribunal seeking termination was filed on 26 February 2024. The rent arrears were well beyond 21 days in arrears on that date.
Section 55 of the RTA confirms that the Tribunal shall order termination of the tenancy, when the arrears are more than 21 days in arrears on the date of the application, as is the case here.
Immediate termination is ordered.

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 given the landlord has been successful in the application.

Tenancy Tribunal case 4819277 — Rent arrears at 19A Garth Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4819277 — Rent arrears at 19A Garth Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions