How much money was awarded in case 5109089?

Filing Fee: $27.00 awarded to landlord; Power Bills: $2,526.00 awarded to landlord

What type of tenancy dispute was case 5109089?

The dispute type was not classified.

Where can I read the official tribunal order for case 5109089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11461888-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5109089?

Filing Fee: $27.00 awarded to landlord; Power Bills: $2,526.00 awarded to landlord

What type of tenancy dispute was case 5109089?

The dispute type was not classified.

Where can I read the official tribunal order for case 5109089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11461888-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5109089 — Tenancy dispute

Q: What was Tenancy Tribunal case 5109089 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 5109089 — net $2,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power bills to 10 January 2025	$2,526.00	Power bills to 10 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,553.00
Total payable by Tenant to Landlord	$2,553.00

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 Annie Rikirangi is terminated and [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 11:59pm on 20 March 2025.

Annie Rikirangi owes [The landlord/s] $2,553.00, as calculated in the table below:

The Bond Centre is to pay [The landlord/s] $2,553.00 from the bond ([Bond number suppressed]) immediately. The remaining $727.00 is to remain at the bond centre.

Reasons

Both parties attended the hearing. The landlord was assisted by an interpreter.

The landlord has applied for termination of the tenancy, possession of the premises, and an order for outstanding power bills. Background

The tenancy started on 27 April 2024. The premises consist of the three- bedroom home. There is also a two-bedroom flat and a garage on the premises. All share power but each residence has a separate power check meter.

On 13 December 2024 the landlord served a 63-day notice on the tenant giving notice to terminate the periodic tenancy because both himself and his sons needed the property as their principal place of residence. The notice records the last day of the tenancy as 14 February 2025, being the date of the hearing.

In November 2024 there had been another Tribunal hearing in respect of an earlier 63-day notice issued by the landlord. The tenant had applied to have the notice set aside as being retaliatory and the Tribunal had ordered that the termination notice be set aside.

The tenant advised that as a result, she had not intended to move out of the property, despite receiving the new notice for termination. The tenant had not applied to set aside the notice, nor did she file any claims alleging that the notice was retaliatory.

The landlord claims that his sons are returning to attend school in New Zealand, and he had cancelled their previous flights due to the previous Tribunal order but needed to urgently rebook. He also himself intended to move into the property, together with his sons, as it was untenable for him to continue living in the garage.

In addition, the landlord had sought an order for outstanding power bills. The previous Tribunal order had required that he recalculate the power usage deducting fixed charges, internet charges and that he provide sufficient evidence of the check meter readings through the tenancy and at the end of the relevant calculation periods. Termination

Section 51(1)(a) of the Residential Tenancy Act 1986 (RTA) allows a landlord to terminate a periodic tenancy by giving at least 63 days’ notice if the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family.

Section 51(3) provides the requirements of a notice to terminate, including that it must be in writing, identify the premises it relates to, specify the vacate date, be signed, and provide the reasons for the termination. On review, the 63-day notice complies with the requirements of s51(3).

Although the previous notice may have been set aside for being retaliatory, there is no evidence provided that this new notice is retaliatory. I need to determine this notice on its own merits. In my view, the notice is valid.

The tenancy is therefore terminated.

The possession date was discussed at the hearing. Although the landlord requested possession as soon as possible, he was amenable to allowing the tenant two weeks to move out. The tenant requested three months to enable her to be able to find another property.

I have granted the possession date in 28 days. This should enable the tenant sufficient time to find another property.

The landlord also issued two 14-days notices relating to breaches of obligations, however, as I have determined that there is a valid 63-day notice and the tenancy is terminated, I have not considered these further. Outstanding power

The landlord claims for outstanding power usage. In accordance with the previous Tribunal order, the landlord has recalculated the outstanding amounts and claims for $2,526.00 for usage only through to 10 January 2024.

The amount ordered is proved. Suppression and filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Both parties also sought suppression. The landlord has been wholly successful, so I have granted suppression to the landlord. No reasons were advanced by the tenant that justifies any further orders for suppression. R Harvey-Lane 20 February 2025

Claims and awards in Tenancy Tribunal application 5109089 — net $2,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power bills to 10 January 2025	$2,526.00	Power bills to 10 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,553.00
Total payable by Tenant to Landlord	$2,553.00

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 Annie Rikirangi is terminated and [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 11:59pm on 20 March 2025.
Annie Rikirangi owes [The landlord/s] $2,553.00, as calculated in the table below:
The Bond Centre is to pay [The landlord/s] $2,553.00 from the bond ([Bond number suppressed]) immediately. The remaining $727.00 is to remain at the bond centre.

Reasons

Both parties attended the hearing. The landlord was assisted by an interpreter.
The landlord has applied for termination of the tenancy, possession of the premises, and an order for outstanding power bills. Background
The tenancy started on 27 April 2024. The premises consist of the three- bedroom home. There is also a two-bedroom flat and a garage on the premises. All share power but each residence has a separate power check meter.
On 13 December 2024 the landlord served a 63-day notice on the tenant giving notice to terminate the periodic tenancy because both himself and his sons needed the property as their principal place of residence. The notice records the last day of the tenancy as 14 February 2025, being the date of the hearing.
In November 2024 there had been another Tribunal hearing in respect of an earlier 63-day notice issued by the landlord. The tenant had applied to have the notice set aside as being retaliatory and the Tribunal had ordered that the termination notice be set aside.
The tenant advised that as a result, she had not intended to move out of the property, despite receiving the new notice for termination. The tenant had not applied to set aside the notice, nor did she file any claims alleging that the notice was retaliatory.
The landlord claims that his sons are returning to attend school in New Zealand, and he had cancelled their previous flights due to the previous Tribunal order but needed to urgently rebook. He also himself intended to move into the property, together with his sons, as it was untenable for him to continue living in the garage.
In addition, the landlord had sought an order for outstanding power bills. The previous Tribunal order had required that he recalculate the power usage deducting fixed charges, internet charges and that he provide sufficient evidence of the check meter readings through the tenancy and at the end of the relevant calculation periods. Termination
Section 51(1)(a) of the Residential Tenancy Act 1986 (RTA) allows a landlord to terminate a periodic tenancy by giving at least 63 days’ notice if the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family.
Section 51(3) provides the requirements of a notice to terminate, including that it must be in writing, identify the premises it relates to, specify the vacate date, be signed, and provide the reasons for the termination. On review, the 63-day notice complies with the requirements of s51(3).
Although the previous notice may have been set aside for being retaliatory, there is no evidence provided that this new notice is retaliatory. I need to determine this notice on its own merits. In my view, the notice is valid.
The tenancy is therefore terminated.
The possession date was discussed at the hearing. Although the landlord requested possession as soon as possible, he was amenable to allowing the tenant two weeks to move out. The tenant requested three months to enable her to be able to find another property.
I have granted the possession date in 28 days. This should enable the tenant sufficient time to find another property.
The landlord also issued two 14-days notices relating to breaches of obligations, however, as I have determined that there is a valid 63-day notice and the tenancy is terminated, I have not considered these further. Outstanding power
The landlord claims for outstanding power usage. In accordance with the previous Tribunal order, the landlord has recalculated the outstanding amounts and claims for $2,526.00 for usage only through to 10 January 2024.
The amount ordered is proved. Suppression and filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Both parties also sought suppression. The landlord has been wholly successful, so I have granted suppression to the landlord. No reasons were advanced by the tenant that justifies any further orders for suppression. R Harvey-Lane 20 February 2025

Tenancy Tribunal case 5109089 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5109089 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions