What was Tenancy Tribunal case 4985048 about?

The tribunal order states: The [The tenant/s], [The tenant/s] is to pay Hambri Holdings

How much money was awarded in case 4985048?

Limited: $2,907.01 awarded to landlord

What type of tenancy dispute was case 4985048?

The primary dispute was Rent arrears. Related themes: 14-day notice, Leaks, Water Rates.

Where can I read the official tribunal order for case 4985048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035468-Tenancy_Tribunal_Order - OP.pdf.

What was Tenancy Tribunal case 4985048 about?

The tribunal order states: The [The tenant/s], [The tenant/s] is to pay Hambri Holdings

How much money was awarded in case 4985048?

Limited: $2,907.01 awarded to landlord

What type of tenancy dispute was case 4985048?

The primary dispute was Rent arrears. Related themes: 14-day notice, Leaks, Water Rates.

Where can I read the official tribunal order for case 4985048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035468-Tenancy_Tribunal_Order - OP.pdf.

63 Wymondley Road, Otara, Auckland 2025 Tenancy Tribunal Case 4985048 — Rent arrears

Claims and awards in Tenancy Tribunal application 4985048. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Limited	$2,907.01		Limited

Order

The [The tenant/s], [The tenant/s] is to pay Hambri Holdings Limited $2,907.01 for water rates arrears up to and including an invoice dated 9 August 2024 immediately.
The termination and rent arrears application is referred to mediation at the request of the applicant.
A further hearing can be scheduled if the matter is not resolved.

Reasons

Both parties attended the hearing which took place by telephone. The tenant could first not be contacted but after 15 minutes of attempts was able to join via the landlord’s telephone. Midway through the hearing the landlord representative asked for a colleague to join her and he did join.
The landlord seeks termination of the tenancy, rent arrears and the payment of outstanding water rates invoices. Rent arrears
There are previous orders for rent arrears in this tenancy, the first is an order in case number 4474276 (15 June 2023) this ordered arrears of $2,460 to 15 June 2023.
The second order is an order in case 4786819 (5 April 2024). This ordered arrears of $1,980 to 4 April 2024.
The Tribunal cannot go behind existing orders of the Tribunal to consider rent arrears for the same period again. Therefore, existing rent arrears here must be considered from 5 April 2024. These earlier orders still stand and the landlord should not be seeking to recover for the same period again.
It became apparent that the rent summary filed by the landlord was flawed. It transpired that it did not take into account certain sums. It also did not appreciate the position in relation to the above earlier orders.
At the hearing I explained how from 5 April 2024 to 5 November 2024 there were 30 weeks and 5 days at the rent due per week of $660. The landlord accepted this after discussion. This means that the tenant should have paid $20,271.43 in rent for this period.
The landlord’s rent summary showed that the tenant had paid $18,600 in this period between 5 April and today’s date (leaving $1,671.43 as seemingly due). However, the tenant pointed out that certain payments she had made had not been accounted for in the rent summary. One such payment was for $1,870. The landlord acknowledged this sum had not been included in the rent summary. It is questionable therefore if there are any arrears upon which an order could presently be made.
The hearing overran therefore there was insufficient time for the landlord to consider the implication of the payment that they have not accounted for in full which was only raised by the tenant and acknowledged by the landlord at the end of the hearing. I therefore have referred this to mediation if needed so that the parties can get clarity if needed on the arrears.
The landlord should advise the Tribunal if it transpires, once they have updated reconsidered and amended their rent summary and reflected on the position regarding arrears from 5 April 2024 in the light of the existence of earlier orders, if the landlord wants to proceed with the balance of its application at all.
If mediation is not successful, the application for termination based on arrears and the rent arrears themselves may be scheduled for a further hearing if required. Water rates
The landlord having recently received $1000 towards water now seeks $2,907.01 in water arrears. The tenant says that there was a leak for 4 months but this is not proven, the landlord says it was a waste water issue and therefore had no impact on charges. The arrears span years rather than months. The tenant also agreed at other times to the outstanding water charges of $2.907.01
I find this is sufficiently proven and award this sum.
The landlord says that they are not seeking termination based on water rates but in any event, I would be unable to make an application for termination on the basis of the outstanding water rates sums today as it is clear that the 14 day notice provided (for termination pursuant to section 56, Residential Tenancies Act 1986) does not set out the correct amount owed and the landlord agreed with this. Suppression
No application was made for suppression and therefore this has not been considered.

Claims and awards in Tenancy Tribunal application 4985048. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Limited	$2,907.01		Limited

Order

The [The tenant/s], [The tenant/s] is to pay Hambri Holdings Limited $2,907.01 for water rates arrears up to and including an invoice dated 9 August 2024 immediately.
The termination and rent arrears application is referred to mediation at the request of the applicant.
A further hearing can be scheduled if the matter is not resolved.

Reasons

Both parties attended the hearing which took place by telephone. The tenant could first not be contacted but after 15 minutes of attempts was able to join via the landlord’s telephone. Midway through the hearing the landlord representative asked for a colleague to join her and he did join.
The landlord seeks termination of the tenancy, rent arrears and the payment of outstanding water rates invoices. Rent arrears
There are previous orders for rent arrears in this tenancy, the first is an order in case number 4474276 (15 June 2023) this ordered arrears of $2,460 to 15 June 2023.
The second order is an order in case 4786819 (5 April 2024). This ordered arrears of $1,980 to 4 April 2024.
The Tribunal cannot go behind existing orders of the Tribunal to consider rent arrears for the same period again. Therefore, existing rent arrears here must be considered from 5 April 2024. These earlier orders still stand and the landlord should not be seeking to recover for the same period again.
It became apparent that the rent summary filed by the landlord was flawed. It transpired that it did not take into account certain sums. It also did not appreciate the position in relation to the above earlier orders.
At the hearing I explained how from 5 April 2024 to 5 November 2024 there were 30 weeks and 5 days at the rent due per week of $660. The landlord accepted this after discussion. This means that the tenant should have paid $20,271.43 in rent for this period.
The landlord’s rent summary showed that the tenant had paid $18,600 in this period between 5 April and today’s date (leaving $1,671.43 as seemingly due). However, the tenant pointed out that certain payments she had made had not been accounted for in the rent summary. One such payment was for $1,870. The landlord acknowledged this sum had not been included in the rent summary. It is questionable therefore if there are any arrears upon which an order could presently be made.
The hearing overran therefore there was insufficient time for the landlord to consider the implication of the payment that they have not accounted for in full which was only raised by the tenant and acknowledged by the landlord at the end of the hearing. I therefore have referred this to mediation if needed so that the parties can get clarity if needed on the arrears.
The landlord should advise the Tribunal if it transpires, once they have updated reconsidered and amended their rent summary and reflected on the position regarding arrears from 5 April 2024 in the light of the existence of earlier orders, if the landlord wants to proceed with the balance of its application at all.
If mediation is not successful, the application for termination based on arrears and the rent arrears themselves may be scheduled for a further hearing if required. Water rates
The landlord having recently received $1000 towards water now seeks $2,907.01 in water arrears. The tenant says that there was a leak for 4 months but this is not proven, the landlord says it was a waste water issue and therefore had no impact on charges. The arrears span years rather than months. The tenant also agreed at other times to the outstanding water charges of $2.907.01
I find this is sufficiently proven and award this sum.
The landlord says that they are not seeking termination based on water rates but in any event, I would be unable to make an application for termination on the basis of the outstanding water rates sums today as it is clear that the 14 day notice provided (for termination pursuant to section 56, Residential Tenancies Act 1986) does not set out the correct amount owed and the landlord agreed with this. Suppression
No application was made for suppression and therefore this has not been considered.

Tenancy Tribunal case 4985048 — Rent arrears at 63 Wymondley Road, Otara, Auckland 2025

At a glance

Tenancy Tribunal case 4985048 — Rent arrears at 63 Wymondley Road, Otara, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions