What was Tenancy Tribunal case 4837761 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4837761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4837761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4837761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11377707-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4837761 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4837761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4837761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4837761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11377707-Tribunal_Order_Redacted.pdf.

40 Ashley Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4837761 — Rent arrears

Reasons

Both parties attended the hearing.

A Mediator Order was made on 7 May 2024 requiring the tenant to pay a debt of $1,949.53 being rent arrears of $1,190.00, water rates of $532.65 and door repair charges of $226.88. The tenant was to make payments of $670.00 per week being the weekly rent of $570.00 and $100.00 towards the debt. Those payments were to commence on 7 May 2024.

The payment would first go toward current rent then rent arrears, followed by water rates and door repairs.

The order provided that if the tenant failed to make these payments toward rent and rent arrears within two working days then the tenancy would terminate. If the tenant failed to make payment toward water and door repairs, it would not result in termination and instead would be a debt owed immediately.

The landlord claimed that the tenant had missed a payment in July 2024 and sought eviction of the tenant. That eviction was to take place on 22 July 2024.

The tenant applied for a rehearing and a hearing to consider that application was held by telephone. The rehearing was granted by order dated 13 August 2024. It appeared that the landlord had applied some of the money paid by the tenant toward the water rates which meant that the money was not first applied to rent and rent arrears as recorded in the order.

The eviction did not take place and the tenant remains in the tenancy.

Unfortunately, there has been significant delay in having this matter set down for hearing. In the meantime, things have progressed considerably.

The landlord produced a rent summary for the period from February 2023 to the date of this hearing. The period at issue is between 7 May 2024 and 22 July 2024. The tenant had filed her bank statement recording her weekly payments of $670.00.

The rent summary produced by the landlord does not accurately record the dates that payments were made by the tenant or the amounts that were paid. The tenant said that around this time the landlord had not provided her with a rent summary to advise her of the amount still owed. Having seen the rent summary it is unlikely that if this was provided to the tenant it would be of assistance. In those circumstances it was not clear that payments were missed warranting an eviction. The landlord should consider a clearer and more accurate rent summary especially when relying on it to seek eviction.

At the date of hearing the tenant no longer has rent arrears. There have been no rent arrears since September 2024 and there have been periods where she has been in credit with her rent. Also, the tenant no longer owes the water that was recorded in the earlier order. Finally, the tenant has repaid the amount owed for door repairs.

As the tenant does not currently owe any amounts there is no longer a debt. An order from the Tribunal is not required and the landlord application is dismissed.

As there is no debt and the application is dismissed, I suppress the names of both parties.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
A Mediator Order was made on 7 May 2024 requiring the tenant to pay a debt of $1,949.53 being rent arrears of $1,190.00, water rates of $532.65 and door repair charges of $226.88. The tenant was to make payments of $670.00 per week being the weekly rent of $570.00 and $100.00 towards the debt. Those payments were to commence on 7 May 2024.
The payment would first go toward current rent then rent arrears, followed by water rates and door repairs.
The order provided that if the tenant failed to make these payments toward rent and rent arrears within two working days then the tenancy would terminate. If the tenant failed to make payment toward water and door repairs, it would not result in termination and instead would be a debt owed immediately.
The landlord claimed that the tenant had missed a payment in July 2024 and sought eviction of the tenant. That eviction was to take place on 22 July 2024.
The tenant applied for a rehearing and a hearing to consider that application was held by telephone. The rehearing was granted by order dated 13 August 2024. It appeared that the landlord had applied some of the money paid by the tenant toward the water rates which meant that the money was not first applied to rent and rent arrears as recorded in the order.
The eviction did not take place and the tenant remains in the tenancy.
Unfortunately, there has been significant delay in having this matter set down for hearing. In the meantime, things have progressed considerably.
The landlord produced a rent summary for the period from February 2023 to the date of this hearing. The period at issue is between 7 May 2024 and 22 July 2024. The tenant had filed her bank statement recording her weekly payments of $670.00.
The rent summary produced by the landlord does not accurately record the dates that payments were made by the tenant or the amounts that were paid. The tenant said that around this time the landlord had not provided her with a rent summary to advise her of the amount still owed. Having seen the rent summary it is unlikely that if this was provided to the tenant it would be of assistance. In those circumstances it was not clear that payments were missed warranting an eviction. The landlord should consider a clearer and more accurate rent summary especially when relying on it to seek eviction.
At the date of hearing the tenant no longer has rent arrears. There have been no rent arrears since September 2024 and there have been periods where she has been in credit with her rent. Also, the tenant no longer owes the water that was recorded in the earlier order. Finally, the tenant has repaid the amount owed for door repairs.
As the tenant does not currently owe any amounts there is no longer a debt. An order from the Tribunal is not required and the landlord application is dismissed.
As there is no debt and the application is dismissed, I suppress the names of both parties.

Tenancy Tribunal case 4837761 — Rent arrears at 40 Ashley Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4837761 — Rent arrears at 40 Ashley Avenue, Mangere East, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions