How much money was awarded in case 5062788?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,134.29 awarded to landlord

What type of tenancy dispute was case 5062788?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5062788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11235698-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5062788?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,134.29 awarded to landlord

What type of tenancy dispute was case 5062788?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5062788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11235698-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5062788 — Rent arrears

Q: What was Tenancy Tribunal case 5062788 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5062788 — net $1,161.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$1,134.29	Rent arrears to 5 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,161.29
Bond	$1,161.29
Total payable by Tenant to Landlord	$1,161.29

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenants’ names and identifying details.

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.

The Bond Centre is to pay $1,161.29 from the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately. Of this amount, [Tenant 1] is liable for $104.29 and [Tenant 2] is liable for $1,030.00 being rent arrears. The tenants are jointly liable for the filing fee.

The balance of the bond of $798.71 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing yesterday.

The application filed by the landlord on 7 November 2024 was for termination for rent arrears. There have been developments since then.

At the hearing the landlord sought an order for possession of the premises following the termination of the tenancy, rent arrears, refund of the bond, and the filing fee.

A notice of withdrawal for family violence was served by the tenant on 3 December 2024. The withdrawal notice was in the prescribed form, but it did not include supporting evidence such as a statutory declaration. However, the landlord said they had received a copy of the Protection Order dated 15 November 2024, and this also qualifies as supporting evidence. I consider that the requirements of section 56B of the Residential Tenancies Act 1986 (the Act) are met and the withdrawal notice was valid.

The withdrawal notice was effective from 5 December 2024. The termination date is less than 90 days ago. The requirements of section 64(1) of the Act are satisfied, and it is appropriate to make a possession order in favour of the landlord.

The District Court made a “Temporary Tenancy Order” on 15 November 2024, pursuant to section 122 of the Family Violence Act 2018. The order vests the tenancy in one of the tenants and provides that the other tenant ceases to be a tenant. Under the tenancy agreement, the tenants are jointly and severally liable for the rent. However, the Tenancy Order means, in my view, that the remaining tenant is solely liable for rent from 16 November 2024, the other person having ceased to be a tenant. In other words, the Tenancy Order ended the joint tenancy on 15 November 2024.

The rent arrears to the end of the tenancy are $1,134.29 pursuant to the landlord’s rent summary.

For the sake of simplicity and ease of calculation, I have assumed that the tenants were jointly liable for the rent to 19 November 2024 (the last rent payment was made on 13 November 2024 for $540.00). The rent arrears at that time were $2,060.00 and the parties were jointly liable for that amount (in a practical sense, $1,030.00 each). The remaining tenant has then made payments exceeding the rent due between 20 November 2024 and 5 December 2024 by $925.71, and the overpayment should be credited towards her liability for the rent to the end of the joint tenancy.

I have endeavoured to arrive at a fair and reasonable apportionment of the rent arrears. I direct that the remaining tenant is liable to pay $104.29 towards the current rent arrears of $1,134.29 and the former tenant is liable to pay $1,030.00. Apportioning the rent arrears may not actually matter that much given payment will be made from the bond of $1,960.00. The bond secures both tenants’ obligations. The balance of the bond remains at the Bond Centre. Suppression/Filing Fee

I am required by section 95A(1A) of the Act to order suppression.

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 5062788 — net $1,161.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$1,134.29	Rent arrears to 5 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,161.29
Bond	$1,161.29
Total payable by Tenant to Landlord	$1,161.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenants’ names and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
The Bond Centre is to pay $1,161.29 from the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately. Of this amount, [Tenant 1] is liable for $104.29 and [Tenant 2] is liable for $1,030.00 being rent arrears. The tenants are jointly liable for the filing fee.
The balance of the bond of $798.71 is to remain at the Bond Centre.

Reasons

The landlord attended the hearing yesterday.
The application filed by the landlord on 7 November 2024 was for termination for rent arrears. There have been developments since then.
At the hearing the landlord sought an order for possession of the premises following the termination of the tenancy, rent arrears, refund of the bond, and the filing fee.
A notice of withdrawal for family violence was served by the tenant on 3 December 2024. The withdrawal notice was in the prescribed form, but it did not include supporting evidence such as a statutory declaration. However, the landlord said they had received a copy of the Protection Order dated 15 November 2024, and this also qualifies as supporting evidence. I consider that the requirements of section 56B of the Residential Tenancies Act 1986 (the Act) are met and the withdrawal notice was valid.
The withdrawal notice was effective from 5 December 2024. The termination date is less than 90 days ago. The requirements of section 64(1) of the Act are satisfied, and it is appropriate to make a possession order in favour of the landlord.
The District Court made a “Temporary Tenancy Order” on 15 November 2024, pursuant to section 122 of the Family Violence Act 2018. The order vests the tenancy in one of the tenants and provides that the other tenant ceases to be a tenant. Under the tenancy agreement, the tenants are jointly and severally liable for the rent. However, the Tenancy Order means, in my view, that the remaining tenant is solely liable for rent from 16 November 2024, the other person having ceased to be a tenant. In other words, the Tenancy Order ended the joint tenancy on 15 November 2024.
The rent arrears to the end of the tenancy are $1,134.29 pursuant to the landlord’s rent summary.
For the sake of simplicity and ease of calculation, I have assumed that the tenants were jointly liable for the rent to 19 November 2024 (the last rent payment was made on 13 November 2024 for $540.00). The rent arrears at that time were $2,060.00 and the parties were jointly liable for that amount (in a practical sense, $1,030.00 each). The remaining tenant has then made payments exceeding the rent due between 20 November 2024 and 5 December 2024 by $925.71, and the overpayment should be credited towards her liability for the rent to the end of the joint tenancy.
I have endeavoured to arrive at a fair and reasonable apportionment of the rent arrears. I direct that the remaining tenant is liable to pay $104.29 towards the current rent arrears of $1,134.29 and the former tenant is liable to pay $1,030.00. Apportioning the rent arrears may not actually matter that much given payment will be made from the bond of $1,960.00. The bond secures both tenants’ obligations. The balance of the bond remains at the Bond Centre. Suppression/Filing Fee
I am required by section 95A(1A) of the Act to order suppression.
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 5062788 — Rent arrears

At a glance

Tenancy Tribunal case 5062788 — 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