What was Tenancy Tribunal case 4974593 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 4974593?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4974593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10972189-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4974593 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 4974593?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4974593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10972189-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4974593 — Rent arrears

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New Zealand Tenancy Tribunal Case 4974593 — 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 4974593 — net $1,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 September 2024	$2,000.00	13. I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,777.00
Total payable by Tenant to Landlord	$1,777.00

Claims and awards for application 4974593 — net $1,777.00 NZD. Verify on MoJ.

Rent arrears to 19 September 2024

Amount: $2,000.00
Awarded to: Landlord
Reason: 13. I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,777.00

Total payable by Tenant to Landlord

Landlord $1,777.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Zachary Kerr and Malene Kerr must pay [the landlord] $1,777.00 immediately calculated as shown in the table below.
Enforcement of this order is stayed for 14 days pending the filing of an application by the tenants.
If the tenants file an application by 1 November 2024, the stay will continue until the hearing of the tenants’ application or until further order of the Tribunal.

Reasons

The parties attended the hearing by telephone. Mr Kerr represented both defendants. The application was made against Mr Kerr alone but because Malene Kerr is named as a tenant on the tenancy agreement, I have added her to the order. If the tenants file a cross application, that should be made in the names of both tenants.
The landlord has applied for rent arrears following the end of the tenancy.
This tenancy started on 13 July 2024 and was for a fixed term to 13 October 2024.
The landlord said that she became aware on 22 August that the tenants had vacated the premises.
The landlord applied to the Tribunal for termination and possession and on 2 September the Tribunal terminated the tenancy and granted possession of the premises to the landlord under the expedited abandonment procedure without a hearing.
On 19 September the landlord relet the premises.
The landlord said that the tenants paid no rent. They paid only $250 bond.
At one point Mr Kerr seemed to dispute that but there was no evidence of payment before the Tribunal and Mr Kerr did not explain when and how payments were made. I find, therefore, that no rent was paid.
The parties agreed that the first two weeks of the tenancy would be rent free.
Because this was a fixed term tenancy, rent remained payable after the abandonment until the end of the fixed term or until the landlord relet the premises, whichever came first (see s61(3)(b) of the Residential Tenancies Act 1986).
Rent was therefore payable until 19 September.
27 July until 19 September is eight weeks and therefore the rent in arrears $2,000.
I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.
The landlord has succeeded and so the tenants must also pay the filing fee.
The tenants said that they have claims they wish to make against the landlord including claims in relation to the condition of the premises. I proposed that enforcement of this order against the tenants be stayed to allow them time to file a cross application. There was no objection from the landlord. I have therefore allowed the tenants 14 days to file an application. If they do so, the stay will continue until the hearing of the tenants’ application.
The landlord has sought name suppression and because she has been successful, I have granted it.

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 4974593 — net $1,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 September 2024	$2,000.00	13. I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,777.00
Total payable by Tenant to Landlord	$1,777.00

Claims and awards for application 4974593 — net $1,777.00 NZD. Verify on MoJ.

Rent arrears to 19 September 2024

Amount: $2,000.00
Awarded to: Landlord
Reason: 13. I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,777.00

Total payable by Tenant to Landlord

Landlord $1,777.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Zachary Kerr and Malene Kerr must pay [the landlord] $1,777.00 immediately calculated as shown in the table below.
Enforcement of this order is stayed for 14 days pending the filing of an application by the tenants.
If the tenants file an application by 1 November 2024, the stay will continue until the hearing of the tenants’ application or until further order of the Tribunal.

Reasons

The parties attended the hearing by telephone. Mr Kerr represented both defendants. The application was made against Mr Kerr alone but because Malene Kerr is named as a tenant on the tenancy agreement, I have added her to the order. If the tenants file a cross application, that should be made in the names of both tenants.
The landlord has applied for rent arrears following the end of the tenancy.
This tenancy started on 13 July 2024 and was for a fixed term to 13 October 2024.
The landlord said that she became aware on 22 August that the tenants had vacated the premises.
The landlord applied to the Tribunal for termination and possession and on 2 September the Tribunal terminated the tenancy and granted possession of the premises to the landlord under the expedited abandonment procedure without a hearing.
On 19 September the landlord relet the premises.
The landlord said that the tenants paid no rent. They paid only $250 bond.
At one point Mr Kerr seemed to dispute that but there was no evidence of payment before the Tribunal and Mr Kerr did not explain when and how payments were made. I find, therefore, that no rent was paid.
The parties agreed that the first two weeks of the tenancy would be rent free.
Because this was a fixed term tenancy, rent remained payable after the abandonment until the end of the fixed term or until the landlord relet the premises, whichever came first (see s61(3)(b) of the Residential Tenancies Act 1986).
Rent was therefore payable until 19 September.
27 July until 19 September is eight weeks and therefore the rent in arrears $2,000.
I have therefore made an order that the tenants must pay $1,750 being $2000 less the $250 bond.
The landlord has succeeded and so the tenants must also pay the filing fee.
The tenants said that they have claims they wish to make against the landlord including claims in relation to the condition of the premises. I proposed that enforcement of this order against the tenants be stayed to allow them time to file a cross application. There was no objection from the landlord. I have therefore allowed the tenants 14 days to file an application. If they do so, the stay will continue until the hearing of the tenants’ application.
The landlord has sought name suppression and because she has been successful, I have granted it.

Tenancy Tribunal case 4974593 — Rent arrears

At a glance

Tenancy Tribunal case 4974593 — 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