What was Tenancy Tribunal case 4974394 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 4974394?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4974394?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4974394?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776543-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4974394 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 4974394?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4974394?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4974394?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776543-Tribunal_Order_Redacted.pdf.

5 Hillcrest Grove, Hillpark, Auckland 2102 Tenancy Tribunal Case 4974394 — Rent arrears

Tenantcheck Insights

5 Hillcrest Grove, Hillpark, Auckland 2102 Tenancy Tribunal Case 4974394 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4974394. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The application is dismissed.

Reasons

ATTENDANCES

The landlord attended the hearing by video conference.
[Tenant 1] attended the hearing but was represented by her daughter, [Tenant 1’s representative], who assisted with interpretation.
[Tenant 2] and [Tenant 3] did not attend the hearing, however [Tenant 3] was phoned on the phone number provided but the call went unanswered.

SERVICE

[Tenant 1’s representative] advised me the tenant’s email address was incorrect and they had only been informed of the hearing by text message notification.
As I am dismissing this application, I did not consider the matter needed to be adjourned for service.
The tenant will provide an accurate email address for service to the landlord in writing following the hearing.
The other tenants were served by post to the address that this tenancy relates to, although [The tenant/s] advised they no longer reside at the address.

CLAIM

The tenancy commenced on 22 September 2017 and is a current tenancy.
The landlord has applied for termination of the tenancy and rent arrears.
The basis of the landlord claim was that rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) of the Residential Tenancies Act 1986.
In support of that claim, the landlord produced a one-page handwritten note stating that the tenant had not paid rent on 4 January 2024, 13 January 2024, 8 August 2024 and 15 August 2024.
The tenant disputed the rent arrears.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
I raised at the hearing that I was concerned that the landlord had not kept records, as they are required to do pursuant to s 30 of the RTA and did not provide a written statement of the rent with the application or for the hearing. I explained that the landlord should have filed an accurate rent statement, that included when rent was due, when it was paid or not paid and the total running arrears, from when the tenancy began.
The applicant has not satisfied me that it is more likely than not that rent was 21 days in arrears at the date of the application.
Accordingly, the application is dismissed.

FILING FEE

As the landlord has not been successful, I do not make an order reimbursing the filing fee.
See section 103 of the Residential Tenancies Act 1986.

SUPPRESSION

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. See section 95A of the Residential Tenancies Act 1986
The landlord sought name suppression however I do not consider that appropriate in the circumstances.
I have made an order suppressing the tenant’s name.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4974394. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The application is dismissed.

Reasons

ATTENDANCES

The landlord attended the hearing by video conference.
[Tenant 1] attended the hearing but was represented by her daughter, [Tenant 1’s representative], who assisted with interpretation.
[Tenant 2] and [Tenant 3] did not attend the hearing, however [Tenant 3] was phoned on the phone number provided but the call went unanswered.

SERVICE

[Tenant 1’s representative] advised me the tenant’s email address was incorrect and they had only been informed of the hearing by text message notification.
As I am dismissing this application, I did not consider the matter needed to be adjourned for service.
The tenant will provide an accurate email address for service to the landlord in writing following the hearing.
The other tenants were served by post to the address that this tenancy relates to, although [The tenant/s] advised they no longer reside at the address.

CLAIM

The tenancy commenced on 22 September 2017 and is a current tenancy.
The landlord has applied for termination of the tenancy and rent arrears.
The basis of the landlord claim was that rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) of the Residential Tenancies Act 1986.
In support of that claim, the landlord produced a one-page handwritten note stating that the tenant had not paid rent on 4 January 2024, 13 January 2024, 8 August 2024 and 15 August 2024.
The tenant disputed the rent arrears.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
I raised at the hearing that I was concerned that the landlord had not kept records, as they are required to do pursuant to s 30 of the RTA and did not provide a written statement of the rent with the application or for the hearing. I explained that the landlord should have filed an accurate rent statement, that included when rent was due, when it was paid or not paid and the total running arrears, from when the tenancy began.
The applicant has not satisfied me that it is more likely than not that rent was 21 days in arrears at the date of the application.
Accordingly, the application is dismissed.

FILING FEE

As the landlord has not been successful, I do not make an order reimbursing the filing fee.
See section 103 of the Residential Tenancies Act 1986.

SUPPRESSION

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. See section 95A of the Residential Tenancies Act 1986
The landlord sought name suppression however I do not consider that appropriate in the circumstances.
I have made an order suppressing the tenant’s name.

Tenancy Tribunal case 4974394 — Rent arrears at 5 Hillcrest Grove, Hillpark, Auckland 2102

At a glance

Tenancy Tribunal case 4974394 — Rent arrears at 5 Hillcrest Grove, Hillpark, Auckland 2102

At a glance

Claims & awards

Order

Reasons

ATTENDANCES

SERVICE

CLAIM

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

ATTENDANCES

SERVICE

CLAIM

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions