What was Tenancy Tribunal case 4948253 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 4948253?

Rent Arrears: $2,414.29 awarded to landlord

What type of tenancy dispute was case 4948253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193408-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4948253 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 4948253?

Rent Arrears: $2,414.29 awarded to landlord

What type of tenancy dispute was case 4948253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4948253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193408-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4948253 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4948253 — net $2,414.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Aug 2024	$2,414.29	Rent arrears to 30 Aug 2024
Net award	$2,414.29
Total payable by Tenant to Landlord	$2,414.29

The landlord attended the hearing. Neither of the two tenants attended.

The landlord had applied for termination, rent arrears, outgoings (water) and compensation for damage to the premises.

However, on 7 August 2024, shortly after the application was filed, the last remaining tenant moved out of the property. Accordingly, the landlord no longer sought an order for termination.

The landlord wished to withdraw the claims for outgoings (water) and compensation for damage to the premises. The landlord had not filed all of the necessary evidence in support of those claims, but indicated they did have that evidence available.

The landlord confirmed they wish to withdraw both claims with the intention that they will file a new application for outgoings (water) and compensation for damage to the premises. Rent arrears

This meant the only claim to be considered today was for rent arrears.

A tenant is liable to pay rent as and when it is due and payable under the tenancy agreement. See s40(1)(a) of the Residential Tenancies Act 1986 (the RTA). Under a periodic tenancy, a tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice. See s51(2B) of the RTA.

The tenancy was a fixed-term tenancy which commenced on 23 July 2023 and the fixed-term came to an end on 22 July 2024. As no further tenancy agreement was signed on or before 22 July 2024, but the tenant remained in possession of the premises, the tenancy rolled over to become a periodic tenancy from that date.

The tenant Carl Dickinson moved out of the property in late April or early May 2024. Mr Dickinson did not contact the landlords to say he was moving out and did not seek their agreement to either end the fixed-term tenancy or to be removed as a tenant on the tenancy agreement. Given this, he remained a tenant until the end of the tenancy.

After Mr Dickinson moved out, the remaining tenant, Mr Loza struggled to keep up with rent payments. The landlord states, and I accept, that around the time when the fixed term was coming to an end, Mr Loza acknowledged he was not able to stay in the premises.

The landlords accept that on or about 2 August 2024 Mr Loza effectively gave 28-days’ notice to end the tenancy. Mr Loza moved out of the property on 7 August 2024, albeit he needed to return to collect some belongings after that date.

I am satisfied that the tenancy came to an end on 30 August 2024, being 28- days after Mr Loza gave notice to end the tenancy.

The landlord is entitled to rent up to that date. On 14 August 2024, the landlord received the bond from the Bond Centre, being $2,600.00, which has been accounted for when calculating the total rent arrears owing to 30 August 2024.

The landlord has provided rent records which prove the amount owing, and I make the order for rent arrears accordingly. Suppression

In their application, the landlord sought an order for suppression.

Pursuant to s95A of the RTA, the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Given the landlord has succeeded in the claim, I make an order for suppression of their name and identifying particulars.

Claims and awards in Tenancy Tribunal application 4948253 — net $2,414.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Aug 2024	$2,414.29	Rent arrears to 30 Aug 2024
Net award	$2,414.29
Total payable by Tenant to Landlord	$2,414.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Carl Dickinson and Taran Gene Loza must pay [The landlord/s] $2,414.29 immediately, being rent arrears to 30 August 2024.

Reasons

The landlord attended the hearing. Neither of the two tenants attended.
The landlord had applied for termination, rent arrears, outgoings (water) and compensation for damage to the premises.
However, on 7 August 2024, shortly after the application was filed, the last remaining tenant moved out of the property. Accordingly, the landlord no longer sought an order for termination.
The landlord wished to withdraw the claims for outgoings (water) and compensation for damage to the premises. The landlord had not filed all of the necessary evidence in support of those claims, but indicated they did have that evidence available.
The landlord confirmed they wish to withdraw both claims with the intention that they will file a new application for outgoings (water) and compensation for damage to the premises. Rent arrears
This meant the only claim to be considered today was for rent arrears.
A tenant is liable to pay rent as and when it is due and payable under the tenancy agreement. See s40(1)(a) of the Residential Tenancies Act 1986 (the RTA). Under a periodic tenancy, a tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice. See s51(2B) of the RTA.
The tenancy was a fixed-term tenancy which commenced on 23 July 2023 and the fixed-term came to an end on 22 July 2024. As no further tenancy agreement was signed on or before 22 July 2024, but the tenant remained in possession of the premises, the tenancy rolled over to become a periodic tenancy from that date.
The tenant Carl Dickinson moved out of the property in late April or early May 2024. Mr Dickinson did not contact the landlords to say he was moving out and did not seek their agreement to either end the fixed-term tenancy or to be removed as a tenant on the tenancy agreement. Given this, he remained a tenant until the end of the tenancy.
After Mr Dickinson moved out, the remaining tenant, Mr Loza struggled to keep up with rent payments. The landlord states, and I accept, that around the time when the fixed term was coming to an end, Mr Loza acknowledged he was not able to stay in the premises.
The landlords accept that on or about 2 August 2024 Mr Loza effectively gave 28-days’ notice to end the tenancy. Mr Loza moved out of the property on 7 August 2024, albeit he needed to return to collect some belongings after that date.
I am satisfied that the tenancy came to an end on 30 August 2024, being 28- days after Mr Loza gave notice to end the tenancy.
The landlord is entitled to rent up to that date. On 14 August 2024, the landlord received the bond from the Bond Centre, being $2,600.00, which has been accounted for when calculating the total rent arrears owing to 30 August 2024.
The landlord has provided rent records which prove the amount owing, and I make the order for rent arrears accordingly. Suppression
In their application, the landlord sought an order for suppression.
Pursuant to s95A of the RTA, the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Given the landlord has succeeded in the claim, I make an order for suppression of their name and identifying particulars.

Tenancy Tribunal case 4948253 — Rent arrears

At a glance

Tenancy Tribunal case 4948253 — 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