What was Tenancy Tribunal case 4852703 about?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4852703?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4852703?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852703?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328354-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4852703 about?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4852703?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4852703?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852703?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328354-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4852703 — Rent arrears

Order

The landlord’s application is dismissed.

Reasons

Both parties attended the hearing, which was conducted by phone.
The landlord sought termination for non-payment of rent, power and water.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
I declined to make an order terminating the tenancy because I was not satisfied that at the date the application was filed the tenant was 21 days in arrears. The same situation applies to the balance owing at the time of the hearing.
The tenant did not dispute that she owed money to the landlord. I adjourned the hearing, to allow her an opportunity to attend WINZ in order to make arrangements to pay the debt. However, having reviewed the way in which the landlord’s evidence has been provided, I am unable to be satisfied of the amounts owed for rent and for utilities. It is not for the Tribunal to undertake the calculations.
The applicant filed a rent summary starting on 1 July 2022 as well as invoices for water and electricity that had been sent to the tenant.
The rent is income-based. Initially the rent was $124.00. The summary shows that the tenant made her weekly payments. From 19 August 2022 additional payments of $75.00 appear. The landlord explained that was for power and water. However, because these are included in the rent summary, it meant that according to the rent summary provided, by December 2022, the tenant was $1050.00 in credit.
The rent summary shows that from November 2022 the weekly rent was $218, which the tenant paid along with a further $75.00 per week. Occasionally the landlord transferred money from the account to pay for power and water, but nonetheless, according to the summary, by 13 December 2023, the tenant was in credit by $2,233.13.
That position then started to change as a result of a rent increase to $562.00, effective 15 December 2023. The tenant continued to pay $218 rent and $75 for power and water, instead of increasing her rent payments to $562. The credit quickly dissipated and by 2 February 2024 she was in arrears. On 15 March 2024 the amount owed was more than $1,686 (being 21 days). Because she was not in credit, payments were not extracted for utilities.
From 22 March 2024 the rent reduced to $152 and the tenant has made rent payments of $152 plus the $75 ever since then. The landlord submitted an application for termination and rent arrears on 4 April 2024. At that stage the tenant owed $1,546.47. That does not equate to 21 days in arrears at the rent rate of $562, which is what led to the arrears. At the date of hearing, the rent arrears had reduced to $1,117.47.
The rent summary is confusing because the dates for payments do not equate to the dates the payments are made. Rent payments should be applied first to current rent and then to arrears, but the to and from dates of the payments do not relate to the week they are paid and are often only 2 days apart. For example, the summary shows that on 3 May 2024 rent of $152 is due for the period 3 May to 9 May, but the tenant’s payment of $152 is shown as covering 17 March to 18 March, and her payment of $75 is showing as covering 19 March 2024.
Although the tenant accepts that she owed the landlord money, the way in which the landlord’s accounts are produced make it difficult for the Tribunal to be satisfied of the actual amounts owed for rent and for utilities. The application is therefore dismissed.
That does not prevent the landlord from applying again if the tenant does not clear the debt, but the landlord is urged to prevent rent accounts in the form provided on the tenancy services website.

Order

The landlord’s application is dismissed.

Reasons

Both parties attended the hearing, which was conducted by phone.
The landlord sought termination for non-payment of rent, power and water.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
I declined to make an order terminating the tenancy because I was not satisfied that at the date the application was filed the tenant was 21 days in arrears. The same situation applies to the balance owing at the time of the hearing.
The tenant did not dispute that she owed money to the landlord. I adjourned the hearing, to allow her an opportunity to attend WINZ in order to make arrangements to pay the debt. However, having reviewed the way in which the landlord’s evidence has been provided, I am unable to be satisfied of the amounts owed for rent and for utilities. It is not for the Tribunal to undertake the calculations.
The applicant filed a rent summary starting on 1 July 2022 as well as invoices for water and electricity that had been sent to the tenant.
The rent is income-based. Initially the rent was $124.00. The summary shows that the tenant made her weekly payments. From 19 August 2022 additional payments of $75.00 appear. The landlord explained that was for power and water. However, because these are included in the rent summary, it meant that according to the rent summary provided, by December 2022, the tenant was $1050.00 in credit.
The rent summary shows that from November 2022 the weekly rent was $218, which the tenant paid along with a further $75.00 per week. Occasionally the landlord transferred money from the account to pay for power and water, but nonetheless, according to the summary, by 13 December 2023, the tenant was in credit by $2,233.13.
That position then started to change as a result of a rent increase to $562.00, effective 15 December 2023. The tenant continued to pay $218 rent and $75 for power and water, instead of increasing her rent payments to $562. The credit quickly dissipated and by 2 February 2024 she was in arrears. On 15 March 2024 the amount owed was more than $1,686 (being 21 days). Because she was not in credit, payments were not extracted for utilities.
From 22 March 2024 the rent reduced to $152 and the tenant has made rent payments of $152 plus the $75 ever since then. The landlord submitted an application for termination and rent arrears on 4 April 2024. At that stage the tenant owed $1,546.47. That does not equate to 21 days in arrears at the rent rate of $562, which is what led to the arrears. At the date of hearing, the rent arrears had reduced to $1,117.47.
The rent summary is confusing because the dates for payments do not equate to the dates the payments are made. Rent payments should be applied first to current rent and then to arrears, but the to and from dates of the payments do not relate to the week they are paid and are often only 2 days apart. For example, the summary shows that on 3 May 2024 rent of $152 is due for the period 3 May to 9 May, but the tenant’s payment of $152 is shown as covering 17 March to 18 March, and her payment of $75 is showing as covering 19 March 2024.
Although the tenant accepts that she owed the landlord money, the way in which the landlord’s accounts are produced make it difficult for the Tribunal to be satisfied of the actual amounts owed for rent and for utilities. The application is therefore dismissed.
That does not prevent the landlord from applying again if the tenant does not clear the debt, but the landlord is urged to prevent rent accounts in the form provided on the tenancy services website.

Tenancy Tribunal case 4852703 — Rent arrears

At a glance

Tenancy Tribunal case 4852703 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions