What was Tenancy Tribunal case 5006147 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 5006147?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006147?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5006147?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437797-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5006147 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 5006147?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006147?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5006147?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437797-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5006147 — Rent arrears

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears for 2 and 3 September 2017, compensation for the driveway and two water tanks and reimbursement of the filing fee following the end of the tenancy on 16 October 2022.

Should the landlord be awarded rent arrears for 2 and 3 September 2017?

There has been a previous Tribunal hearing of applications 4855668 and 4708470 on 25 April 2024 and 26 August 2024.

Included in the 26 August 2024 Order was an award of $1,285.68 for rent arrears for the period 26 September 2022 to 7 October 2022. The rent summary provided for those proceedings did not include a claim for rent for 2 and 3 September 2017 and there was no mention that any rent was owed for these days.

Given the landlord’s other claims against the tenant, had these two days of rent not been paid, the landlord would not have waited over 7 years to make this claim.

In addition, s11(1) of the Limitation Act 2010 (“LA”) states “It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based (the claim’s primary period)”. This is not a late knowledge claim to which s11(2) of the LA applies.

Therefore, this rent arrears claim was brought by the landlord on 16 September 2024 for a money claim from 2 September 2017, being a period of over 7 years. The LA statutorily bars the landlord from making this claim.

I dismiss the claim for want of jurisdiction to hear it. Should the landlord be awarded compensation for his driveway and water tank claims?

There has been a previous Tribunal hearing of applications 4855668 and 4708470 on 25 April 2024 and 26 August 2024.

Included in the 25 April 2024 Order was an award of $3,500.00 compensation to the tenant for the two water tanks and an award of $2,500.00 compensation to the tenant for the driveway.

I reminded the landlord that he cannot re-litigate the matters determined by the Tribunal in that Order, including the decision to award these compensatory sums to the tenant and not require him to leave the water tanks at the property as the “new owner did not require the tanks, so the tenant was able to retain them for his own use”. The tenant had also incurred installation costs that were not reimbursed to him for this reason.

I dismiss theses compensation claims for want of jurisdiction to hear them when they have already been heard and determined by the Tribunal. Name Suppression

The tenant applies for non-publication of his name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenant was brought before the Tribunal on frivolous claims that had no validity and that the landlord confirmed to me today that he knew had no validity. I do not consider publication is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case.

Non-publication of the tenant’s name is ordered.

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 for want of jurisdiction.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears for 2 and 3 September 2017, compensation for the driveway and two water tanks and reimbursement of the filing fee following the end of the tenancy on 16 October 2022.

Should the landlord be awarded rent arrears for 2 and 3 September 2017?

There has been a previous Tribunal hearing of applications 4855668 and 4708470 on 25 April 2024 and 26 August 2024.
Included in the 26 August 2024 Order was an award of $1,285.68 for rent arrears for the period 26 September 2022 to 7 October 2022. The rent summary provided for those proceedings did not include a claim for rent for 2 and 3 September 2017 and there was no mention that any rent was owed for these days.
Given the landlord’s other claims against the tenant, had these two days of rent not been paid, the landlord would not have waited over 7 years to make this claim.
In addition, s11(1) of the Limitation Act 2010 (“LA”) states “It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based (the claim’s primary period)”. This is not a late knowledge claim to which s11(2) of the LA applies.
Therefore, this rent arrears claim was brought by the landlord on 16 September 2024 for a money claim from 2 September 2017, being a period of over 7 years. The LA statutorily bars the landlord from making this claim.
I dismiss the claim for want of jurisdiction to hear it. Should the landlord be awarded compensation for his driveway and water tank claims?
There has been a previous Tribunal hearing of applications 4855668 and 4708470 on 25 April 2024 and 26 August 2024.
Included in the 25 April 2024 Order was an award of $3,500.00 compensation to the tenant for the two water tanks and an award of $2,500.00 compensation to the tenant for the driveway.
I reminded the landlord that he cannot re-litigate the matters determined by the Tribunal in that Order, including the decision to award these compensatory sums to the tenant and not require him to leave the water tanks at the property as the “new owner did not require the tanks, so the tenant was able to retain them for his own use”. The tenant had also incurred installation costs that were not reimbursed to him for this reason.
I dismiss theses compensation claims for want of jurisdiction to hear them when they have already been heard and determined by the Tribunal. Name Suppression
The tenant applies for non-publication of his name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant was brought before the Tribunal on frivolous claims that had no validity and that the landlord confirmed to me today that he knew had no validity. I do not consider publication is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case.
Non-publication of the tenant’s name is ordered.

Tenancy Tribunal case 5006147 — Rent arrears

At a glance

Tenancy Tribunal case 5006147 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the landlord be awarded rent arrears for 2 and 3 September 2017?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the landlord be awarded rent arrears for 2 and 3 September 2017?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions