How much money was awarded in case 4854780?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,010.66 awarded to landlord

What type of tenancy dispute was case 4854780?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4854780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759686-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4854780?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,010.66 awarded to landlord

What type of tenancy dispute was case 4854780?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4854780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759686-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4854780 — Rent arrears

Q: What was Tenancy Tribunal case 4854780 about?

The tribunal order states: Coleen Mitchell and Tequila Hekerangi Jean Tehiko are to pay [The landlord/s]

Order

Claims and awards in Tenancy Tribunal application 4854780 — net $2,031.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2022	$2,010.66	Rent arrears to 26 August 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,031.10
Bond	$3,180.00
Total payable by Tenant to Landlord	$2,031.10

Coleen Mitchell and Tequila Hekerangi Jean Tehiko are to pay [The landlord/s] $2,031.10 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,031.10 Coleen Mitchell and Tequila hekerangi Jean Tehiko: $1,148.90

Reasons

[The landlord/s] attended the teleconference hearing. Several phone numbers provided for the tenants in the application and on the Tenancy Agreement, the last three digits being 194, 314 and 123 respectively, were all called twice. All calls went to voicemail. Service

The landlord’s application was filed on 8 April 2024, whilst the tenancy ended on 26 August 2022.

The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (RTA”).

The application has not been served in accordance with these requirements.

[The landlord/s] applied for an order dispensing with service, pursuant to section 91B(2)(c) RTA. I discussed with [The landlord/s] what efforts he had made to locate the tenants to have them served with the application. He indicated they had continually called the phone numbers provided for the tenants after they left the tenancy. He said the tenants did not provide him with a forwarding address and there was no emergency contact person for the tenants to contact after the tenants left the property. I note in the Tenancy Agreement there is no physical address for service, only email addresses that the tenants agreed could be used as addresses for service. Further, there was no emergency contact information in the Tenancy Agreement.

In response to a question as to why he waited so long to file the application after the tenancy ended, [The landlord/s] said he had got along well with one of the tenants, who ended up working for him whilst she lived at the property. He said he was hopeful of sorting out the rent arrears and bond issues with the tenants directly after they left, especially because Ms Mitchell had promised to pay him the rent arrears owing after she left. He indicated he realised after a while that the tenants were not going to pay him the rent arrears owing or sign a bond form, so he filed the application. [The landlord/s] said he received a text from Colleen Mitchell on 6 May 2024, attempting to negotiate the release of the bond, so he assumed she had received the application. He said they did not reach any agreement as to the bond or rent arrears.

In the circumstances, and given there is no other information available to the landlord, according to [The landlord/s], other than the tenants’ phone numbers and emails, and given the application, supporting documents and Notice of Hearing were emailed by Tenancy Services to both tenants, I order that the requirements for service be dispensed with and that the hearing proceed as if the notice and other documents have been served on both tenants.

The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 August 2022. The landlord provided rent records which prove the amount owing to 26 August 2022, the end of the tenancy, which is $2,010.66. Filing fee

Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Refund of the bond

The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,031.10 Coleen Mitchell and Tequila hekerangi Jean Tehiko: $1,148.90 Suppression

The landlord requested name suppression. As they have been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

Claims and awards in Tenancy Tribunal application 4854780 — net $2,031.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2022	$2,010.66	Rent arrears to 26 August 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,031.10
Bond	$3,180.00
Total payable by Tenant to Landlord	$2,031.10

Order

Coleen Mitchell and Tequila Hekerangi Jean Tehiko are to pay [The landlord/s] $2,031.10 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,031.10 Coleen Mitchell and Tequila hekerangi Jean Tehiko: $1,148.90

Reasons

[The landlord/s] attended the teleconference hearing. Several phone numbers provided for the tenants in the application and on the Tenancy Agreement, the last three digits being 194, 314 and 123 respectively, were all called twice. All calls went to voicemail. Service
The landlord’s application was filed on 8 April 2024, whilst the tenancy ended on 26 August 2022.
The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (RTA”).
The application has not been served in accordance with these requirements.
[The landlord/s] applied for an order dispensing with service, pursuant to section 91B(2)(c) RTA. I discussed with [The landlord/s] what efforts he had made to locate the tenants to have them served with the application. He indicated they had continually called the phone numbers provided for the tenants after they left the tenancy. He said the tenants did not provide him with a forwarding address and there was no emergency contact person for the tenants to contact after the tenants left the property. I note in the Tenancy Agreement there is no physical address for service, only email addresses that the tenants agreed could be used as addresses for service. Further, there was no emergency contact information in the Tenancy Agreement.
In response to a question as to why he waited so long to file the application after the tenancy ended, [The landlord/s] said he had got along well with one of the tenants, who ended up working for him whilst she lived at the property. He said he was hopeful of sorting out the rent arrears and bond issues with the tenants directly after they left, especially because Ms Mitchell had promised to pay him the rent arrears owing after she left. He indicated he realised after a while that the tenants were not going to pay him the rent arrears owing or sign a bond form, so he filed the application. [The landlord/s] said he received a text from Colleen Mitchell on 6 May 2024, attempting to negotiate the release of the bond, so he assumed she had received the application. He said they did not reach any agreement as to the bond or rent arrears.
In the circumstances, and given there is no other information available to the landlord, according to [The landlord/s], other than the tenants’ phone numbers and emails, and given the application, supporting documents and Notice of Hearing were emailed by Tenancy Services to both tenants, I order that the requirements for service be dispensed with and that the hearing proceed as if the notice and other documents have been served on both tenants.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 August 2022. The landlord provided rent records which prove the amount owing to 26 August 2022, the end of the tenancy, which is $2,010.66. Filing fee
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Refund of the bond
The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,031.10 Coleen Mitchell and Tequila hekerangi Jean Tehiko: $1,148.90 Suppression
The landlord requested name suppression. As they have been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

Tenancy Tribunal case 4854780 — Rent arrears

At a glance

Tenancy Tribunal case 4854780 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions