What was Tenancy Tribunal case 4902814 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 4902814?

Rent Arrears: $1,560.50 awarded to landlord

What type of tenancy dispute was case 4902814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4902814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11571564-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4902814 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 4902814?

Rent Arrears: $1,560.50 awarded to landlord

What type of tenancy dispute was case 4902814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4902814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11571564-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4902814 — Rent arrears

Claims and awards in Tenancy Tribunal application 4902814 — net $30.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.5.2024 (balance payable	$1,560.50	Rent arrears to 21.5.2024 (balance payable
Net award	$30.50
Total payable by Tenant to Landlord	$30.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord names and identifying details.
[The tenant/s] must pay [The landlord/s] $30.50 immediately, calculated as shown in the table below:
The Bond Centre is to pay the balance of the bond of $1,530.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. [The landlord’s representative] represented the landlord and [Tenant 1] attended for the tenants.
The landlord has applied for rent arrears, payment from the bond and compensation for a plumber’s invoice, following the end of the tenancy. The landlord sought $3,390.50 in rent arrears.
On 17 December 2024 the Tribunal issued an order awarding rent arrears of $1,830.00 to the landlord, which was paid from the bond. The balance of the bond of $1,530.00 was held at the Bond Centre. The landlord’s claim for compensation for the plumber’s invoice was dismissed.
The remaining rent arrears claimed by the landlord was disputed, and the additional evidence produced by the parties raised further questions, so another teleconference hearing was held. This hearing was convened to clarify the evidence concerning payments of rent near the end of the tenancy. Both parties provided evidence, and submissions. The hearing
The landlord confirmed that the balance of $1,560.50 was sought for rent arrears, and referred to its updated statement, which showed that the payment of $1,830.00 from the bond (following the Tribunal order) had been received. The landlord also provided bank statements.
The landlord explained that its letter dated 26 April 2024 was advising of the due date for rent, rather than the date the payment was received. The landlord confirmed that the final automatic rent payment was not received on 25 April 2024. Hence, there is no record of rent being paid on this date in the rent summary.
The tenant accepted that the 9 April 2024 payment of $840.00 was correctly recorded in the landlord’s rent summary. However, the two other payments, made on 23 April 2024 ($1,212.78) and 21 May 2024 ($100.00) were missing. The tenant referred to her bank statement.
In response, the landlord stated that the 9 April 2024 payment was factored into the rent summary. The payments on 23 April and 21 May 2024 were not received. The last payment received from the tenants was $840.00, which was received on 16 April 2024. The tenant stated she had no record of making this payment.
The landlord agreed to provide further evidence concerning the rent payment of $840.00, which was recorded in its updated rent summary as being received on 16 April 2024. Following the hearing, the landlord produced a bank statement which showed that the amount of $840.00 was received, and it appears this amount was deposited by the other tenant, [Tenant 2]. There were no further written comments from the tenants, and the hearing closed. Analysis
In this case both parties have produced relevant evidence regarding the payments near the end of the tenancy. The tenant submits she made additional payments not recorded by the landlord. Therefore, the rent arrears ought to be reduced, taking these payments into account. If the landlord had received these payments, the amount of $1,312.78 would have been credited, leaving a smaller balance of rent arrears.
On the other hand, the landlord states these final two payments were not received, and has produced evidence in support. The landlord has clarified that its letter of 26 April 2024 was not a letter confirming receipt of the automatic payment, and the tenant has not indicated that this payment went through.
The key question is whether the landlord must receive a payment for the Tribunal to find that rent has been paid. This issue arose in the District Court decision in Landlord v Tenant [2022] NZDC 1585. In this case, the tenant had made payments of rent, but these payments were not received by the landlord. The Court held that: Where the evidence establishes that the rent has not been received by the landlord, the Tribunal is in error to find that the rent was paid. It is a fundamental obligation on the tenant to pay the landlord. Where a landlord can establish, as the appellant has, that the rent has not been received, then the tenant is responsible for ensuring that the payment is received. A payment cannot be said to have been made if it has not been received.
I find this is the situation here. As in the case above, while the tenants have made payments, the landlord has established, with evidence, that the final two payments were not received. Therefore, it cannot be said that the tenants have paid rent on the dates claimed.
Accordingly, the landlord is entitled to the balance of the rent claimed, being $1,560.50, which is awarded above. Filing fee
As each party has had some measure of success, the filing fee is not reimbursed.

Claims and awards in Tenancy Tribunal application 4902814 — net $30.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.5.2024 (balance payable	$1,560.50	Rent arrears to 21.5.2024 (balance payable
Net award	$30.50
Total payable by Tenant to Landlord	$30.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord names and identifying details.
[The tenant/s] must pay [The landlord/s] $30.50 immediately, calculated as shown in the table below:
The Bond Centre is to pay the balance of the bond of $1,530.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, which was conducted by teleconference. [The landlord’s representative] represented the landlord and [Tenant 1] attended for the tenants.
The landlord has applied for rent arrears, payment from the bond and compensation for a plumber’s invoice, following the end of the tenancy. The landlord sought $3,390.50 in rent arrears.
On 17 December 2024 the Tribunal issued an order awarding rent arrears of $1,830.00 to the landlord, which was paid from the bond. The balance of the bond of $1,530.00 was held at the Bond Centre. The landlord’s claim for compensation for the plumber’s invoice was dismissed.
The remaining rent arrears claimed by the landlord was disputed, and the additional evidence produced by the parties raised further questions, so another teleconference hearing was held. This hearing was convened to clarify the evidence concerning payments of rent near the end of the tenancy. Both parties provided evidence, and submissions. The hearing
The landlord confirmed that the balance of $1,560.50 was sought for rent arrears, and referred to its updated statement, which showed that the payment of $1,830.00 from the bond (following the Tribunal order) had been received. The landlord also provided bank statements.
The landlord explained that its letter dated 26 April 2024 was advising of the due date for rent, rather than the date the payment was received. The landlord confirmed that the final automatic rent payment was not received on 25 April 2024. Hence, there is no record of rent being paid on this date in the rent summary.
The tenant accepted that the 9 April 2024 payment of $840.00 was correctly recorded in the landlord’s rent summary. However, the two other payments, made on 23 April 2024 ($1,212.78) and 21 May 2024 ($100.00) were missing. The tenant referred to her bank statement.
In response, the landlord stated that the 9 April 2024 payment was factored into the rent summary. The payments on 23 April and 21 May 2024 were not received. The last payment received from the tenants was $840.00, which was received on 16 April 2024. The tenant stated she had no record of making this payment.
The landlord agreed to provide further evidence concerning the rent payment of $840.00, which was recorded in its updated rent summary as being received on 16 April 2024. Following the hearing, the landlord produced a bank statement which showed that the amount of $840.00 was received, and it appears this amount was deposited by the other tenant, [Tenant 2]. There were no further written comments from the tenants, and the hearing closed. Analysis
In this case both parties have produced relevant evidence regarding the payments near the end of the tenancy. The tenant submits she made additional payments not recorded by the landlord. Therefore, the rent arrears ought to be reduced, taking these payments into account. If the landlord had received these payments, the amount of $1,312.78 would have been credited, leaving a smaller balance of rent arrears.
On the other hand, the landlord states these final two payments were not received, and has produced evidence in support. The landlord has clarified that its letter of 26 April 2024 was not a letter confirming receipt of the automatic payment, and the tenant has not indicated that this payment went through.
The key question is whether the landlord must receive a payment for the Tribunal to find that rent has been paid. This issue arose in the District Court decision in Landlord v Tenant [2022] NZDC 1585. In this case, the tenant had made payments of rent, but these payments were not received by the landlord. The Court held that: Where the evidence establishes that the rent has not been received by the landlord, the Tribunal is in error to find that the rent was paid. It is a fundamental obligation on the tenant to pay the landlord. Where a landlord can establish, as the appellant has, that the rent has not been received, then the tenant is responsible for ensuring that the payment is received. A payment cannot be said to have been made if it has not been received.
I find this is the situation here. As in the case above, while the tenants have made payments, the landlord has established, with evidence, that the final two payments were not received. Therefore, it cannot be said that the tenants have paid rent on the dates claimed.
Accordingly, the landlord is entitled to the balance of the rent claimed, being $1,560.50, which is awarded above. Filing fee
As each party has had some measure of success, the filing fee is not reimbursed.

Tenancy Tribunal case 4902814 — Rent arrears

At a glance

Tenancy Tribunal case 4902814 — Rent arrears

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