What was the outcome of Tenancy Tribunal case 4977051?

The tribunal order states: Debbie Richards and Margaret Flay must pay Huia Swann and Brent Swann

How much money was awarded in case 4977051?

Outgoings: Utilities: $1,336.92 awarded to landlord; Rent Arrears: $1,663.08 awarded to landlord

What type of tenancy dispute was case 4977051?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11137591-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4977051?

The tribunal order states: Debbie Richards and Margaret Flay must pay Huia Swann and Brent Swann

How much money was awarded in case 4977051?

Outgoings: Utilities: $1,336.92 awarded to landlord; Rent Arrears: $1,663.08 awarded to landlord

What type of tenancy dispute was case 4977051?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11137591-Tenancy_Tribunal_Order.pdf.

53A Stout Street, Whataupoko, Gisborne 4010 Tenancy Tribunal Case 4977051 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4977051 — net $3,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outgoings: utilities	$1,336.92	Outgoings: utilities
Capped rent arrears	$1,663.08	Capped rent arrears
Net award	$3,000.00
Total payable by Tenant to Landlord	$3,000.00

Both parties attended the hearing, conducted via teleconference. Ms Flay (guarantor) is the tenant’s elderly mother and the tenant advised she would not be able to join the hearing but that she was aware of the application and claims. Given the age and condition of the tenant’s mother as advised no copy of this order will be sent to the guarantor directly. The tenant is to ensure she is made aware of it as necessary.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

At the end of the hearing, the landlord proposed a liability cap of $3000.00 if the order was to be greater. The tenant had dropped out of the conference by that time.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

How much is owed for rent and utilities?

Rent

The tenancy ended on 7 August 2024. It was intended as a fixed-term tenancy until 27 October 2024. The formation of this tenancy was complicated by the circumstances of the tenant, urgently needing accommodation after a significant fire in her own property. The alternative accommodation was required while the major repairs were made. The insurer was involved in the discussion and funded much of the rent.

Traditionally, the landlords operate this premises as an AirBNB facility. The role of a landlord under the Residential Tenancies Act 1986 was a new experience. As a long-term homeowner, the tenant was equally unaccustomed to her status in this tenancy.

The tenant left without notice on 7 August 2024. She had earlier requested a rent reduction that was declined but no written notice to the landlord regarding this tenancy ending was provided prior to 7 August 2024.

The landlord received advice from Tenancy Services regarding the situation. This confused the situation and meant some delay in responding as legally entitled. A further complication was the distance between the landlords and the premises, which, along with illness, meant a delay of some ten days before steps were taken to prepare and readvertise the premises.

The landlord sought $2,090.00 as rent arrears, being two weeks rent in lieu of notice (less a credit of $570.00). This was a fixed-term tenancy and tenant liability typically extends until a new tenancy forms. In this instance, the landlord reverted back to short-term accommodation listings. This did not occur for some two weeks after the tenant exit, hence the reduced period claimed.

The landlord accepted how some confusion regarding the fixed-term may have eventuated and proposed a cap on any liability as an equitable outcome. I have adopted this as that is a lower amount than if I was to order the contractual obligation as established.

I award a final, reduced rent arrears, in lieu of notice, of $1,663.08, by the consent of the landlord. Utilities

The premises was supplied by one utility provider for electricity, gas and internet. The tenant made payments during the tenancy. Later invoices were higher based on actual and not estimated readings.

Further confusion for the tenant arose as the landlord was also making a regular set monthly payment. This meant the reconciliation between payments and charges was difficult to follow. During the hearing, the total of payments made by the tenant were accounted for, as were the total charges over the tenancy, including the pro-rated sum at commencement. This exercise confirmed the landlord’s accounting and the $1,336.92 as claimed owing for outgoings is awarded. Other matters

Both parties raised other issues. These would need to form further applications to the Tribunal. The landlord capped the claim on the basis that it might resolve all matters. That does not preclude any further application (other than the landlord for further rent and utilities as that has been heard) if a party is so inclined.

The tenant dropped off the call before the end of the hearing. The exact point of exit was uncertain but she had expressed a desire to conclude the hearing and she was not called back. The hearing concluded shortly afterwards.

This order is released after 5pm and the seal is dated tomorrow, 28 November 2024 intentionally.

Claims and awards in Tenancy Tribunal application 4977051 — net $3,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Outgoings: utilities	$1,336.92	Outgoings: utilities
Capped rent arrears	$1,663.08	Capped rent arrears
Net award	$3,000.00
Total payable by Tenant to Landlord	$3,000.00

Order

Debbie Richards and Margaret Flay must pay Huia Swann and Brent Swann $3,000.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Flay (guarantor) is the tenant’s elderly mother and the tenant advised she would not be able to join the hearing but that she was aware of the application and claims. Given the age and condition of the tenant’s mother as advised no copy of this order will be sent to the guarantor directly. The tenant is to ensure she is made aware of it as necessary.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
At the end of the hearing, the landlord proposed a liability cap of $3000.00 if the order was to be greater. The tenant had dropped out of the conference by that time.
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

How much is owed for rent and utilities?

Rent

The tenancy ended on 7 August 2024. It was intended as a fixed-term tenancy until 27 October 2024. The formation of this tenancy was complicated by the circumstances of the tenant, urgently needing accommodation after a significant fire in her own property. The alternative accommodation was required while the major repairs were made. The insurer was involved in the discussion and funded much of the rent.
Traditionally, the landlords operate this premises as an AirBNB facility. The role of a landlord under the Residential Tenancies Act 1986 was a new experience. As a long-term homeowner, the tenant was equally unaccustomed to her status in this tenancy.
The tenant left without notice on 7 August 2024. She had earlier requested a rent reduction that was declined but no written notice to the landlord regarding this tenancy ending was provided prior to 7 August 2024.
The landlord received advice from Tenancy Services regarding the situation. This confused the situation and meant some delay in responding as legally entitled. A further complication was the distance between the landlords and the premises, which, along with illness, meant a delay of some ten days before steps were taken to prepare and readvertise the premises.
The landlord sought $2,090.00 as rent arrears, being two weeks rent in lieu of notice (less a credit of $570.00). This was a fixed-term tenancy and tenant liability typically extends until a new tenancy forms. In this instance, the landlord reverted back to short-term accommodation listings. This did not occur for some two weeks after the tenant exit, hence the reduced period claimed.
The landlord accepted how some confusion regarding the fixed-term may have eventuated and proposed a cap on any liability as an equitable outcome. I have adopted this as that is a lower amount than if I was to order the contractual obligation as established.
I award a final, reduced rent arrears, in lieu of notice, of $1,663.08, by the consent of the landlord. Utilities
The premises was supplied by one utility provider for electricity, gas and internet. The tenant made payments during the tenancy. Later invoices were higher based on actual and not estimated readings.
Further confusion for the tenant arose as the landlord was also making a regular set monthly payment. This meant the reconciliation between payments and charges was difficult to follow. During the hearing, the total of payments made by the tenant were accounted for, as were the total charges over the tenancy, including the pro-rated sum at commencement. This exercise confirmed the landlord’s accounting and the $1,336.92 as claimed owing for outgoings is awarded. Other matters
Both parties raised other issues. These would need to form further applications to the Tribunal. The landlord capped the claim on the basis that it might resolve all matters. That does not preclude any further application (other than the landlord for further rent and utilities as that has been heard) if a party is so inclined.
The tenant dropped off the call before the end of the hearing. The exact point of exit was uncertain but she had expressed a desire to conclude the hearing and she was not called back. The hearing concluded shortly afterwards.
This order is released after 5pm and the seal is dated tomorrow, 28 November 2024 intentionally.

Tenancy Tribunal case 4977051 — Rent arrears at 53A Stout Street, Whataupoko, Gisborne 4010

At a glance

Tenancy Tribunal case 4977051 — Rent arrears at 53A Stout Street, Whataupoko, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions