What was Tenancy Tribunal case 4868887 about?

The tribunal order states: Jessica Anne Kirkwood and Matthew Brendon Kirkwood must pay KAJN

How much money was awarded in case 4868887?

Rent Arrears: $14,850.00 awarded to landlord; Tribunal Application Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4868887?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4868887?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10919613-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4868887 about?

The tribunal order states: Jessica Anne Kirkwood and Matthew Brendon Kirkwood must pay KAJN

How much money was awarded in case 4868887?

Rent Arrears: $14,850.00 awarded to landlord; Tribunal Application Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4868887?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4868887?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10919613-Tribunal_Order.pdf.

35 Park Lane, Highfield, Timaru 7910 Tenancy Tribunal Case 4868887 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4868887 — net $13,880.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 25 July 2024	$14,850.00	Rent arrears (to 25 July 2024
Tribunal application fee	$20.44	Tribunal application fee
Net award	$13,880.44
Total payable by Tenant to Landlord	$13,880.44

Jessica Anne Kirkwood and Matthew Brendon Kirkwood must pay KAJN Holdings Limited Ann Brown $13,880.44 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 25 July 2024)$14,850.00 Tribunal application fee$20.44 Total award$14,870.44 Bond$990.00 Total payable by Tenant to Landlord$13,880.44

The Bond Centre is to pay the bond of $990.00 (3163182-005) to KAJN Holdings Limited Ann Brown immediately.

The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy on 25 July 2024.

The bond is released to the landlord reduce the amount owed. Tenant Claims

The tenants claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA).

Under section 45, a landlord must provide the premises in a reasonable state of cleanliness, provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, comply with any relevant enactment in relation to buildings, health and safety.

The obligation is to carryout repairs within a reasonable timeframe of being made aware that repair is required. The tenants have an obligation to advise the landlord of any repair or maintenance required.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)

The tenant has provided a summary of its claims and a bundle of photographs. I have read all of the documents submitted by the parties and considered their oral evidence at the hearing. I note that the tenants did not attempt to cross - reference their photographs to the particular items claimed.

The tenants made broad and general allegations, which were not supported by evidence. For example, they claim that there was mould in the dwelling but did not refer me to a photograph or mould, and I could not identify one. They did not provide any corroborative evidence of raising maintenance issues with the landlord. They did not provide any evidence to support the amount claimed, of $11,000.

The tenants also said the heat pump was defective for approximately 3 years, before the landlord replaced it. Conversely, the landlord provided evidence of a new heat pump being installed approximately a year after the tenancy started. The landlord said that whenever issues were raised, they were repaired within a reasonable timeframe and provided evidence and receipts for various maintenance work done during the tenancy.

The tenants have not proved that it is more likely than not that the landlord has breached its obligations under s45 (RTA).

As the landlord was successful, I have also awarded reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4868887 — net $13,880.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 25 July 2024	$14,850.00	Rent arrears (to 25 July 2024
Tribunal application fee	$20.44	Tribunal application fee
Net award	$13,880.44
Total payable by Tenant to Landlord	$13,880.44

Order

Jessica Anne Kirkwood and Matthew Brendon Kirkwood must pay KAJN Holdings Limited Ann Brown $13,880.44 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 25 July 2024)$14,850.00 Tribunal application fee$20.44 Total award$14,870.44 Bond$990.00 Total payable by Tenant to Landlord$13,880.44
The Bond Centre is to pay the bond of $990.00 (3163182-005) to KAJN Holdings Limited Ann Brown immediately.
The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy on 25 July 2024.
The bond is released to the landlord reduce the amount owed. Tenant Claims
The tenants claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA).
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness, provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, comply with any relevant enactment in relation to buildings, health and safety.
The obligation is to carryout repairs within a reasonable timeframe of being made aware that repair is required. The tenants have an obligation to advise the landlord of any repair or maintenance required.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)
The tenant has provided a summary of its claims and a bundle of photographs. I have read all of the documents submitted by the parties and considered their oral evidence at the hearing. I note that the tenants did not attempt to cross - reference their photographs to the particular items claimed.
The tenants made broad and general allegations, which were not supported by evidence. For example, they claim that there was mould in the dwelling but did not refer me to a photograph or mould, and I could not identify one. They did not provide any corroborative evidence of raising maintenance issues with the landlord. They did not provide any evidence to support the amount claimed, of $11,000.
The tenants also said the heat pump was defective for approximately 3 years, before the landlord replaced it. Conversely, the landlord provided evidence of a new heat pump being installed approximately a year after the tenancy started. The landlord said that whenever issues were raised, they were repaired within a reasonable timeframe and provided evidence and receipts for various maintenance work done during the tenancy.
The tenants have not proved that it is more likely than not that the landlord has breached its obligations under s45 (RTA).
As the landlord was successful, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4868887 — Rent arrears at 35 Park Lane, Highfield, Timaru 7910

At a glance

Tenancy Tribunal case 4868887 — Rent arrears at 35 Park Lane, Highfield, Timaru 7910

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