What was Tenancy Tribunal case 5138134 about?

The tribunal order states: The tenancy of [The tenant/s] at 1004 Oropi Road, Oropi, RD 3, Tauranga

How much money was awarded in case 5138134?

Filing Fee: $27.00 awarded to landlord; Rent 20 January 2025: $1,708.57 awarded to landlord; Rent 8 Dec 2024 To 19 January2025: $30.71 awarded to tenant; Rent Arrears: $1,664.28 awarded to landlord

What type of tenancy dispute was case 5138134?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11419849-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5138134 about?

The tribunal order states: The tenancy of [The tenant/s] at 1004 Oropi Road, Oropi, RD 3, Tauranga

How much money was awarded in case 5138134?

Filing Fee: $27.00 awarded to landlord; Rent 20 January 2025: $1,708.57 awarded to landlord; Rent 8 Dec 2024 To 19 January2025: $30.71 awarded to tenant; Rent Arrears: $1,664.28 awarded to landlord

What type of tenancy dispute was case 5138134?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11419849-Tenancy_Tribunal_Order.pdf.

1004 Oropi Road, Oropi, RD 3, Tauranga 3173 Tenancy Tribunal Case 5138134 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5138134 — net $1,529.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 7 December 2024	$1,664.28		Rent arrears as at 7 December 2024
Rent 20 January 2025 to 11 February 2025	$1,708.57		Rent 20 January 2025 to 11 February 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent 8 Dec 2024 to 19 January2025 to 11 February 2025		$30.71	Rent 8 Dec 2024 to 19 January2025 to 11 February 2025
Total award	$3,399.85	$30.71
Net award	$1,529.14
Total payable by Tenant to Landlord	$1,529.14

The tenancy of [The tenant/s] at 1004 Oropi Road, Oropi, RD 3, Tauranga 3173 is terminated, and possession is granted to Behome Realty Limited As Agent For Neil And [The landlord/s], at 11.59pm on Tuesday 11 February 2025..

The Bond Centre is to pay the bond of $1,840.00 (5891170-005) to Behome Realty Limited As Agent For Neil And [The landlord/s] immediately.

[The tenant/s] must pay Behome Realty Limited As Agent For Neil And [The landlord/s] $1,529.14 immediately, calculated as shown in the table below:

Reasons

This was an application made by the landlord against the three abovenamed tenants. At the start of the scheduled hearing none of the tenants appeared and the hearing went ahead in their absence.

After the hearing had concluded it was discovered that Ms Milanesi had inadvertently gone to the wrong waiting area and that she was in fact wanting to attend the hearing.

I rang the landlord who agreed that the hearing could be re-conducted with the landlord on the phone.

With regards to the application to terminate the tenancy, the rent was more than 21 days in arrears and so the tenancy is terminated immediately, as per the provisions of s55(1)(a) of the Residential Tenancies Act 1986 (RTA).

What was more problematic at today’s hearing was to determine who owes how much in rent arrears.

Ms Milanesi was added to the tenancy on 8 December 2024. Prior to this date Ms Proffitt and Ms McNorton had rented the premises together.

Ms Proffitt and Ms McNorton are therefore jointly and severally liable for rent arrears as at 7 December 2024. This was established as being $1,664.28.

Ms Proffitt sent a notice of termination on 23 December 2024 advising that the tenancy would terminate on 19 January 2024. Both she and Ms McNorton had vacated the tenancy by this date. For this period the rent was in credit by $30.71.

Ms Milanesi alone remained in the tenancy and did not vacate as per the notice of termination. She is therefore solely responsible for rent owing for the period 20 January 2025 to today’s date. Taking into account the credit as per the above paragraph, the amount of arrears for that period is $1,677.86.

At today’s hearing Ms Milanesi stated that $1,040.00 paid by WINZ on 6 January 2025 was her bond payment and that therefore that amount should be applied to her arrears.

However I am satisfied that this was not a bond payment. I say this because I accept that the landlord did not require a bond from her. Had they required a further $1,040.00 in bond this would have put the bond paid for these premises beyond the 4 weeks’ rent maximum allowable for a bond.

As a result of these findings, I consider it appropriate that the bond of $1,840.00 covers the rent arrears owed by Ms Proffitt and Ms McNorton, as per paragraph 7 above.

The remainder of the bond covers a small amount of the rent arrears owed by Ms Milanesi.

I am also ordering reimbursement of the filing fee to the landlord because the landlord was wholly successful with their claim.

I note that only Ms Milanesi’s tenancy was terminated by way of this Order today because Ms McNorton and Ms Proffitt have already vacated the premises as per the notice of termination dated 23 December 2024. C ter Haar 11 February 2025

Claims and awards in Tenancy Tribunal application 5138134 — net $1,529.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 7 December 2024	$1,664.28		Rent arrears as at 7 December 2024
Rent 20 January 2025 to 11 February 2025	$1,708.57		Rent 20 January 2025 to 11 February 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent 8 Dec 2024 to 19 January2025 to 11 February 2025		$30.71	Rent 8 Dec 2024 to 19 January2025 to 11 February 2025
Total award	$3,399.85	$30.71
Net award	$1,529.14
Total payable by Tenant to Landlord	$1,529.14

Order

The tenancy of [The tenant/s] at 1004 Oropi Road, Oropi, RD 3, Tauranga 3173 is terminated, and possession is granted to Behome Realty Limited As Agent For Neil And [The landlord/s], at 11.59pm on Tuesday 11 February 2025..
The Bond Centre is to pay the bond of $1,840.00 (5891170-005) to Behome Realty Limited As Agent For Neil And [The landlord/s] immediately.
[The tenant/s] must pay Behome Realty Limited As Agent For Neil And [The landlord/s] $1,529.14 immediately, calculated as shown in the table below:

Reasons

This was an application made by the landlord against the three abovenamed tenants. At the start of the scheduled hearing none of the tenants appeared and the hearing went ahead in their absence.
After the hearing had concluded it was discovered that Ms Milanesi had inadvertently gone to the wrong waiting area and that she was in fact wanting to attend the hearing.
I rang the landlord who agreed that the hearing could be re-conducted with the landlord on the phone.
With regards to the application to terminate the tenancy, the rent was more than 21 days in arrears and so the tenancy is terminated immediately, as per the provisions of s55(1)(a) of the Residential Tenancies Act 1986 (RTA).
What was more problematic at today’s hearing was to determine who owes how much in rent arrears.
Ms Milanesi was added to the tenancy on 8 December 2024. Prior to this date Ms Proffitt and Ms McNorton had rented the premises together.
Ms Proffitt and Ms McNorton are therefore jointly and severally liable for rent arrears as at 7 December 2024. This was established as being $1,664.28.
Ms Proffitt sent a notice of termination on 23 December 2024 advising that the tenancy would terminate on 19 January 2024. Both she and Ms McNorton had vacated the tenancy by this date. For this period the rent was in credit by $30.71.
Ms Milanesi alone remained in the tenancy and did not vacate as per the notice of termination. She is therefore solely responsible for rent owing for the period 20 January 2025 to today’s date. Taking into account the credit as per the above paragraph, the amount of arrears for that period is $1,677.86.
At today’s hearing Ms Milanesi stated that $1,040.00 paid by WINZ on 6 January 2025 was her bond payment and that therefore that amount should be applied to her arrears.
However I am satisfied that this was not a bond payment. I say this because I accept that the landlord did not require a bond from her. Had they required a further $1,040.00 in bond this would have put the bond paid for these premises beyond the 4 weeks’ rent maximum allowable for a bond.
As a result of these findings, I consider it appropriate that the bond of $1,840.00 covers the rent arrears owed by Ms Proffitt and Ms McNorton, as per paragraph 7 above.
The remainder of the bond covers a small amount of the rent arrears owed by Ms Milanesi.
I am also ordering reimbursement of the filing fee to the landlord because the landlord was wholly successful with their claim.
I note that only Ms Milanesi’s tenancy was terminated by way of this Order today because Ms McNorton and Ms Proffitt have already vacated the premises as per the notice of termination dated 23 December 2024. C ter Haar 11 February 2025

Tenancy Tribunal case 5138134 — Rent arrears at 1004 Oropi Road, Oropi, RD 3, Tauranga 3173

At a glance

Award balance

Tenancy Tribunal case 5138134 — Rent arrears at 1004 Oropi Road, Oropi, RD 3, Tauranga 3173

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions