What was Tenancy Tribunal case 4998388 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 4998388?

0593 Is Terminated, And Possession I…: $1,920.00 awarded to landlord

What type of tenancy dispute was case 4998388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4998388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11195304-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4998388 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 4998388?

0593 Is Terminated, And Possession I…: $1,920.00 awarded to landlord

What type of tenancy dispute was case 4998388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4998388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11195304-Tribunal_Order_Redacted.pdf.

14 Moana Road, Tinopai, Tinopai 0593 Tenancy Tribunal Case 4998388 — Rent arrears

Claims and awards in Tenancy Tribunal application 4998388. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024. 3	$1,920.00		0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024. 3

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Tatum Masters at 14 Moana Road, Tinopai, Tinopai 0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024.
The bond of $1,920.00 is to be retained by the landlord.

Reasons

Only the landlord attended the hearing which was held by phone at 9.30am today. Mr [landlord] confirmed that he had authority to represent Mrs [landlord]. Two calls were placed to the tenant on the number provided but both calls went to voicemail.
I am satisfied that the tenant has been served in accordance with the relevant provisions of the Residential Tenancies Act 1986 (“RTA”) and so the hearing proceeded in the tenant’s absence.
This property was previously managed by Kaipara North Property Management. The landlord took back management of the property in July 2024.
The landlord had applied to terminate the tenancy on the basis that the property was abandoned and the rent was in arrears. However at the first hearing of this matter (on the papers) the landlord did not provide evidence of abandonment an so this matter has proceeded today as an application for termination on the basis of rent arrears.
Prior to the last scheduled hearing the tenant sought (and was granted) an adjournment on the basis that she was in hospital. The tenant said that her family had been paying rent in cash directly to Kaipara North Property Management and that the rent was not in arrears.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
The tenancy began on 7 November 2023. The tenancy agreement records that the rent payable was $480.00 per week.
Kaipara North Property Management served the tenant with a 14-day notice for rent arrears (at that stage $480.00) on 10 July 2024.
At the hearing today the landlord provided a rent summary from Kaipara North Property Management showing that the last rent payment was made on 24 June 2024.
The landlord also produced an email dated 16 October 2024 from Vanessa Parker of Kaipara North Property Management attaching her business and trust bank statements from 10 June to 18 September 2024 1 . These confirm that no payments were made after 24 June 2024. All payments are recorded as being paid direct from Work and Income.
In the email dated 16 October 2024 Ms Parker confirmed that she had not received any rent payments from the tenant since June, in accordance with the rent summary.
I record that the rent summary does not entirely accord with the bank statements provided by Kaipara North Property Management as the statements record that the tenant was paying $580.00 per week (not $480.00) for the weeks 10, 17 and 24 June. The statements do confirm that no payments were made after that date.
The tenant provided screenshots of statements provided by Work and Income showing weekly payments of $580.00 per week from 9 April 2024 to 24 June 2024. The tenants did not provide any evidence of payments from that date, either in cash or otherwise. 1 The Tenancy Agreement records that rent is to be paid weekly in advance to Kaipara North Property Management’s business bank account number.
I have no information before me as to what rent was paid prior to 9 April 2024. However for the purposes of calculating arrears for the purposes of the landlord’s application for termination I have calculated arrears on the most favourable basis for the tenant, and have assumed that she has paid rent at a rate of $580.00 since the start of the tenancy.
The tenancy has now been ongoing for a period of 57 weeks. The total rent for the entire tenancy, calculated at $480.00 per week, should have been $27,360.00. If the tenants had paid rent at $580 per week from the start of the tenancy until the last payment was made on 24 June 2024 (34 weeks) they would have paid $19,720.00.
The amount of arrears is therefore $7,640.00 as at today’s date.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord advised that he simply wishes to take back possession of the property as soon as possible and that he only seeks an order for rent arrears up to the amount of the bond ($1,920.00). He reserves his rights in respect of the balance of rent owing should the tenant file a claim.
The landlord confirmed that the tenant had paid a bond of $1,920.00 and was surprised to discover that the bond was not held at the Bond Centre (following enquiries made by the Tribunal this morning). He said that Kaipara North Property Management had confirmed to him that the bond had been lodged.
As the bond is not held by the Bond Centre, I am unable to make an order releasing the bond to the landlord. I have therefore made an order that the landlord is to retain the bond. The landlord may wish to follow this matter up with the previous property manager. Filing fee and name suppression
The landlord did not seek reimbursement of the filing fee. The landlord applied for an order for name suppression when filing this application. The landlord has been the substantially successful party and so is entitled to an order pursuant to section 95A RTA.

Claims and awards in Tenancy Tribunal application 4998388. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024. 3	$1,920.00		0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024. 3

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Tatum Masters at 14 Moana Road, Tinopai, Tinopai 0593 is terminated, and possession is granted to [The landlord/s], at 12 midnight tonight (Tuesday), 10 December 2024.
The bond of $1,920.00 is to be retained by the landlord.

Reasons

Only the landlord attended the hearing which was held by phone at 9.30am today. Mr [landlord] confirmed that he had authority to represent Mrs [landlord]. Two calls were placed to the tenant on the number provided but both calls went to voicemail.
I am satisfied that the tenant has been served in accordance with the relevant provisions of the Residential Tenancies Act 1986 (“RTA”) and so the hearing proceeded in the tenant’s absence.
This property was previously managed by Kaipara North Property Management. The landlord took back management of the property in July 2024.
The landlord had applied to terminate the tenancy on the basis that the property was abandoned and the rent was in arrears. However at the first hearing of this matter (on the papers) the landlord did not provide evidence of abandonment an so this matter has proceeded today as an application for termination on the basis of rent arrears.
Prior to the last scheduled hearing the tenant sought (and was granted) an adjournment on the basis that she was in hospital. The tenant said that her family had been paying rent in cash directly to Kaipara North Property Management and that the rent was not in arrears.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
The tenancy began on 7 November 2023. The tenancy agreement records that the rent payable was $480.00 per week.
Kaipara North Property Management served the tenant with a 14-day notice for rent arrears (at that stage $480.00) on 10 July 2024.
At the hearing today the landlord provided a rent summary from Kaipara North Property Management showing that the last rent payment was made on 24 June 2024.
The landlord also produced an email dated 16 October 2024 from Vanessa Parker of Kaipara North Property Management attaching her business and trust bank statements from 10 June to 18 September 2024 1 . These confirm that no payments were made after 24 June 2024. All payments are recorded as being paid direct from Work and Income.
In the email dated 16 October 2024 Ms Parker confirmed that she had not received any rent payments from the tenant since June, in accordance with the rent summary.
I record that the rent summary does not entirely accord with the bank statements provided by Kaipara North Property Management as the statements record that the tenant was paying $580.00 per week (not $480.00) for the weeks 10, 17 and 24 June. The statements do confirm that no payments were made after that date.
The tenant provided screenshots of statements provided by Work and Income showing weekly payments of $580.00 per week from 9 April 2024 to 24 June 2024. The tenants did not provide any evidence of payments from that date, either in cash or otherwise. 1 The Tenancy Agreement records that rent is to be paid weekly in advance to Kaipara North Property Management’s business bank account number.
I have no information before me as to what rent was paid prior to 9 April 2024. However for the purposes of calculating arrears for the purposes of the landlord’s application for termination I have calculated arrears on the most favourable basis for the tenant, and have assumed that she has paid rent at a rate of $580.00 since the start of the tenancy.
The tenancy has now been ongoing for a period of 57 weeks. The total rent for the entire tenancy, calculated at $480.00 per week, should have been $27,360.00. If the tenants had paid rent at $580 per week from the start of the tenancy until the last payment was made on 24 June 2024 (34 weeks) they would have paid $19,720.00.
The amount of arrears is therefore $7,640.00 as at today’s date.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord advised that he simply wishes to take back possession of the property as soon as possible and that he only seeks an order for rent arrears up to the amount of the bond ($1,920.00). He reserves his rights in respect of the balance of rent owing should the tenant file a claim.
The landlord confirmed that the tenant had paid a bond of $1,920.00 and was surprised to discover that the bond was not held at the Bond Centre (following enquiries made by the Tribunal this morning). He said that Kaipara North Property Management had confirmed to him that the bond had been lodged.
As the bond is not held by the Bond Centre, I am unable to make an order releasing the bond to the landlord. I have therefore made an order that the landlord is to retain the bond. The landlord may wish to follow this matter up with the previous property manager. Filing fee and name suppression
The landlord did not seek reimbursement of the filing fee. The landlord applied for an order for name suppression when filing this application. The landlord has been the substantially successful party and so is entitled to an order pursuant to section 95A RTA.

Tenancy Tribunal case 4998388 — Rent arrears at 14 Moana Road, Tinopai, Tinopai 0593

At a glance

Tenancy Tribunal case 4998388 — Rent arrears at 14 Moana Road, Tinopai, Tinopai 0593

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions