What was Tenancy Tribunal case 5136294 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 5136294?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,114.29 awarded to landlord

What type of tenancy dispute was case 5136294?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5136294?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539668-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5136294 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 5136294?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,114.29 awarded to landlord

What type of tenancy dispute was case 5136294?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5136294?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11539668-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5136294 — Rent arrears

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5136294 — net $4,541.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,114.29	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,541.29
Total payable by Tenant to Landlord	$4,541.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Manuera Pouwhare must pay [The landlord/s] $4,541.29 immediately, being rent arrears to 25 January 2025.
The Bond Centre is to pay the bond of $600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant was called on the numbers provided but did not respond. The absence of a party does not prevent the matter from being heard and determined.
The landlord initially applied for termination of this boarding house tenancy and rent arrears. The agreement was purportedly for a fixed term from 31 July 2024 to run until 30 July 2025. However, it is settled law that a fixed term tenancy for a boarding house is unenforceable. The Residential Tenancies Act 1986 (RTA) does not allow for a landlord and tenant to enter into a boarding house tenancy for a fixed term as both parties can terminate the tenancy at any time in accordance with ss66U and 66V RTA.
The landlord was reminded that by virtue of section 11(1) of the RTA, any agreement or arrangement that is inconsistent with any provisions of the Act is of no effect. Subsections (2) and (3) of section 11 presuppose that tenants are in an unequal bargaining position when negotiating with landlords. This allows landlords to contract out of the terms of the Act to their detriment but not tenants.
The landlord says that a community officer contacted him on 23 January 2025, they advised that the tenant is in custody, and they collected all of the tenant’s belongings.
I therefore find that the tenancy effectively terminated on 25 January 2025 as the tenant is required to give 48 hours’ notice under section 66V(1) RTA.
The landlord has provided rent records which prove the amount owing.
Because [The applicant/s] has succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5136294 — Rent arrears

At a glance

Tenancy Tribunal case 5136294 — 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