What was Tenancy Tribunal case 4839105 about?

The tribunal order states: The tenancy of [The tenant/s] at 32 south road kuripuni Masterton, Masterton,

How much money was awarded in case 4839105?

Previous Order Application 4727913 D…: $4,620.44 awarded to tenant; Rent Arrears: $7,786.41 awarded to landlord

What type of tenancy dispute was case 4839105?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839105?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126768-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839105 about?

The tribunal order states: The tenancy of [The tenant/s] at 32 south road kuripuni Masterton, Masterton,

How much money was awarded in case 4839105?

Previous Order Application 4727913 D…: $4,620.44 awarded to tenant; Rent Arrears: $7,786.41 awarded to landlord

What type of tenancy dispute was case 4839105?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839105?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126768-Tribunal_Order_Redacted.pdf.

32 south road kuripuni Masterton, Masterton, Masterton Tenancy Tribunal Case 4839105 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4839105 — net $3,165.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,786.41		Rent arrears
Previous order application 4727913 dated 28/02/2024		$4,620.44	Previous order application 4727913 dated 28/02/2024
Total award	$7,786.41	$4,620.44
Net award	$3,165.97
Total payable by Tenant to Landlord	$3,165.97

The tenancy of [The tenant/s] at 32 south road kuripuni Masterton, Masterton, Masterton 5810 is terminated, and possession is granted to landlord on Friday 5 th April 2024 at 11.59pm.

[The tenant/s] must pay [The landlord/s] $0.00 immediately, being rent arrears to 5 April 2024, as calculated and set out below:

The Bond Centre is to pay the bond of $3,165.97 ([Bond number suppressed]) to [The landlord/s] immediately. The reminder of $34.03 is to be refunded to the tenant.

Reasons

Both parties attended the hearing. The landlord attended via videoconference and the tenant by teleconference.

This scheduled hearing before me is a cross application. The landlord is seeking termination of the tenancy for rent arrears, rent arrears, and refund of the bond.

The tenant is seeking an order directing the landlord to remove some of his possessions from the shed to allow her to use it, to fix up the house to Healthy Homes Standards and payment of a previous order made in her favour. Background

This was a fixed term tenancy for 6 months commencing from 22 May 2023 to 22 November 2023.

Work and Income (WINZ) paid half the rent of $405.00 each week, with the other half to be paid by the tenant. The tenant has only paid $1100.00 throughout this tenancy, in addition to the WINZ’s payments.

The landlord filed an application, number 4727913, with Tenancy Services for termination for rent arrears on 6 November 2023.

The tenant filed an application, number 4772477, claiming Breach of Healthy Homes Standards, failure to lodge the bond, bartering on the rent and failing to provide a tenancy agreement.

Those two applications were heard in the Masterton District Court before Adjudicator Woodhouse on 28 February 2024. The landlord sent a representative to attend the hearing due to work commitments. The tenant attended the hearing.

Adjudicator Woodhouse made an order on 28 February 2024 awarding the tenants $4620.44 in exemplary damages for breaches of the Healthy Homes Standard, failure to lodge the bond and comply with rent obligations.

This award has not been paid by the landlord and I incorporate the sum of $4620.44 in this order from the previous order. The award payment is to be offset by the debt owed to the landlord by the tenant for rent arrears.

The landlord’s application for termination for rent arrears could not be determined at that hearing due to inaccuracies with the rent schedule.

The landlord has reapplied for termination of the tenancy for rent arrears as the rent still has not been paid. Landlord application

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

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.

The tenancy is terminated, and possession is granted to the landlord on Friday 5 th April 2024 at 11.59pm.

The landlord provided rent records which prove the amount of $7786.41 owing at the end of the tenancy.

The bond is to be refunded to the landlord to offset the debt owed to the landlord by the tenants. Tenant application

As the tenancy is terminated there is no need for me to consider the application to remove the landlord’s possessions from the shed or make a work order to fix maintenance issues.

I have dealt with the previous award above and incorporated it in this order.

Both parties sought suppression of their names and details and as both have been successful with their applications, I am granting suppression.

I am not reimbursing the filing fee for either party given that both have been successful or partially successful with their applications.

Claims and awards in Tenancy Tribunal application 4839105 — net $3,165.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,786.41		Rent arrears
Previous order application 4727913 dated 28/02/2024		$4,620.44	Previous order application 4727913 dated 28/02/2024
Total award	$7,786.41	$4,620.44
Net award	$3,165.97
Total payable by Tenant to Landlord	$3,165.97

Order

The tenancy of [The tenant/s] at 32 south road kuripuni Masterton, Masterton, Masterton 5810 is terminated, and possession is granted to landlord on Friday 5 th April 2024 at 11.59pm.
[The tenant/s] must pay [The landlord/s] $0.00 immediately, being rent arrears to 5 April 2024, as calculated and set out below:
The Bond Centre is to pay the bond of $3,165.97 ([Bond number suppressed]) to [The landlord/s] immediately. The reminder of $34.03 is to be refunded to the tenant.

Reasons

Both parties attended the hearing. The landlord attended via videoconference and the tenant by teleconference.
This scheduled hearing before me is a cross application. The landlord is seeking termination of the tenancy for rent arrears, rent arrears, and refund of the bond.
The tenant is seeking an order directing the landlord to remove some of his possessions from the shed to allow her to use it, to fix up the house to Healthy Homes Standards and payment of a previous order made in her favour. Background
This was a fixed term tenancy for 6 months commencing from 22 May 2023 to 22 November 2023.
Work and Income (WINZ) paid half the rent of $405.00 each week, with the other half to be paid by the tenant. The tenant has only paid $1100.00 throughout this tenancy, in addition to the WINZ’s payments.
The landlord filed an application, number 4727913, with Tenancy Services for termination for rent arrears on 6 November 2023.
The tenant filed an application, number 4772477, claiming Breach of Healthy Homes Standards, failure to lodge the bond, bartering on the rent and failing to provide a tenancy agreement.
Those two applications were heard in the Masterton District Court before Adjudicator Woodhouse on 28 February 2024. The landlord sent a representative to attend the hearing due to work commitments. The tenant attended the hearing.
Adjudicator Woodhouse made an order on 28 February 2024 awarding the tenants $4620.44 in exemplary damages for breaches of the Healthy Homes Standard, failure to lodge the bond and comply with rent obligations.
This award has not been paid by the landlord and I incorporate the sum of $4620.44 in this order from the previous order. The award payment is to be offset by the debt owed to the landlord by the tenant for rent arrears.
The landlord’s application for termination for rent arrears could not be determined at that hearing due to inaccuracies with the rent schedule.
The landlord has reapplied for termination of the tenancy for rent arrears as the rent still has not been paid. Landlord application
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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.
The tenancy is terminated, and possession is granted to the landlord on Friday 5 th April 2024 at 11.59pm.
The landlord provided rent records which prove the amount of $7786.41 owing at the end of the tenancy.
The bond is to be refunded to the landlord to offset the debt owed to the landlord by the tenants. Tenant application
As the tenancy is terminated there is no need for me to consider the application to remove the landlord’s possessions from the shed or make a work order to fix maintenance issues.
I have dealt with the previous award above and incorporated it in this order.
Both parties sought suppression of their names and details and as both have been successful with their applications, I am granting suppression.
I am not reimbursing the filing fee for either party given that both have been successful or partially successful with their applications.

Tenancy Tribunal case 4839105 — Rent arrears at 32 south road kuripuni Masterton, Masterton, Masterton

At a glance

Tenancy Tribunal case 4839105 — Rent arrears at 32 south road kuripuni Masterton, Masterton, Masterton

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