What was the outcome of Tenancy Tribunal case 4826242?

The tribunal order states: Kun Kourn must pay John James Penny As Trustee Of Hocqabee Trust

How much money was awarded in case 4826242?

Filing Fee: $20.44 awarded to landlord; Water Rates: $103.99 awarded to landlord

What type of tenancy dispute was case 4826242?

The dispute type was not classified.

Where can I read the official tribunal order for case 4826242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10386181-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4826242?

The tribunal order states: Kun Kourn must pay John James Penny As Trustee Of Hocqabee Trust

How much money was awarded in case 4826242?

Filing Fee: $20.44 awarded to landlord; Water Rates: $103.99 awarded to landlord

What type of tenancy dispute was case 4826242?

The dispute type was not classified.

Where can I read the official tribunal order for case 4826242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10386181-Tribunal_Order.pdf.

177 Mount Wellington Highway, Mount Wellington, Tenancy Tribunal Case 4826242 — Tenancy dispute

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177 Mount Wellington Highway, Mount Wellington, Tenancy Tribunal Case 4826242 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4826242 — net $124.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to the end of the tenancy	$103.99	Water rates: to the end of the tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$124.43
Total payable by Tenant to Landlord	$124.43

Claims and awards for application 4826242 — net $124.43 NZD. Verify on MoJ.

Water rates: to the end of the tenancy

Amount: $103.99
Awarded to: Landlord
Reason: Water rates: to the end of the tenancy

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $124.43

Total payable by Tenant to Landlord

Landlord $124.43

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Filing Fee Water Rates Rent arrears

Order

Kun Kourn must pay John James Penny As Trustee Of Hocqabee Trust $124.43 immediately, calculated as shown in table below.
The remaining claims are dismissed.

Reasons

Mr Penny attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation, and reimbursement of the filing fee.
The situation changed considerably from when Mr Penny filed his application. His evidence is that he went to the tenancy premises on 11 April 2024 and found that Mr Kourn had moved out and sublet the house to a stranger called James. James apparently paid money to Mr Kourn for rent and bond. Mr Penny said he was unsure what to do and allowed James to stay. I can confirm that Mr Kourn’s tenancy agreement did not allow him to sublet and part with possession.
Following the discovery that Ms Kourn no longer lived at the tenancy premises Mr Penny threw out rubbish and belongings and carried out work on the house. He also accepted rent from James.
Mr Penny’s submission is that I should end Mr Kourn’s tenancy today so he can start afresh and decide what to do about James. However, I find that Mr Penny took possession of the house in April. The exact date is not known because Mr Penny was unsure when answering questions about dates. For the purposes of this order is sufficient to find that he took possession sometime after 11 April 2024. This means I do not need to make an order for termination of the tenancy.
I cannot decide if the Trust has a tenancy agreement with James. James has apparently paid one lot of $250 to Mr Penny for rent and he has done work in lieu of rent at the house. It is entirely possible there is a verbal tenancy agreement in place. Mr Penny should get legal advice about the current position.

How much is owed for rent and water rates?

There is a claim for rent arrears. Mr Penny did not provide me with an updated rent summary. There is also the complication of the rent paid by James. This claim is not proved and it is dismissed.
The landlord provided one water rates invoice from the time Mr Kourn was living in the house. This claim is proved and allowed. This order is final settlement of the water rates claims to the end of April 2024.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4826242 — net $124.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to the end of the tenancy	$103.99	Water rates: to the end of the tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$124.43
Total payable by Tenant to Landlord	$124.43

Claims and awards for application 4826242 — net $124.43 NZD. Verify on MoJ.

Water rates: to the end of the tenancy

Amount: $103.99
Awarded to: Landlord
Reason: Water rates: to the end of the tenancy

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $124.43

Total payable by Tenant to Landlord

Landlord $124.43

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Filing Fee Water Rates Rent arrears

Order

Kun Kourn must pay John James Penny As Trustee Of Hocqabee Trust $124.43 immediately, calculated as shown in table below.
The remaining claims are dismissed.

Reasons

Mr Penny attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation, and reimbursement of the filing fee.
The situation changed considerably from when Mr Penny filed his application. His evidence is that he went to the tenancy premises on 11 April 2024 and found that Mr Kourn had moved out and sublet the house to a stranger called James. James apparently paid money to Mr Kourn for rent and bond. Mr Penny said he was unsure what to do and allowed James to stay. I can confirm that Mr Kourn’s tenancy agreement did not allow him to sublet and part with possession.
Following the discovery that Ms Kourn no longer lived at the tenancy premises Mr Penny threw out rubbish and belongings and carried out work on the house. He also accepted rent from James.
Mr Penny’s submission is that I should end Mr Kourn’s tenancy today so he can start afresh and decide what to do about James. However, I find that Mr Penny took possession of the house in April. The exact date is not known because Mr Penny was unsure when answering questions about dates. For the purposes of this order is sufficient to find that he took possession sometime after 11 April 2024. This means I do not need to make an order for termination of the tenancy.
I cannot decide if the Trust has a tenancy agreement with James. James has apparently paid one lot of $250 to Mr Penny for rent and he has done work in lieu of rent at the house. It is entirely possible there is a verbal tenancy agreement in place. Mr Penny should get legal advice about the current position.

How much is owed for rent and water rates?

There is a claim for rent arrears. Mr Penny did not provide me with an updated rent summary. There is also the complication of the rent paid by James. This claim is not proved and it is dismissed.
The landlord provided one water rates invoice from the time Mr Kourn was living in the house. This claim is proved and allowed. This order is final settlement of the water rates claims to the end of April 2024.

Tenancy Tribunal case 4826242 — Tenancy dispute at 177 Mount Wellington Highway, Mount Wellington,

At a glance

Tenancy Tribunal case 4826242 — Tenancy dispute at 177 Mount Wellington Highway, Mount Wellington,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Property management

Frequently asked questions