How much money was awarded in case 5219832?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,780.00 awarded to landlord

What type of tenancy dispute was case 5219832?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5219832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11782614-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5219832?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,780.00 awarded to landlord

What type of tenancy dispute was case 5219832?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5219832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11782614-Tribunal_Order_Redacted.pdf.

251A Jackson Street, Petone, Lower Hutt 5012 Tenancy Tribunal Case 5219832 — Rent arrears

Q: What was Tenancy Tribunal case 5219832 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 5219832 — net $1,807.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 May 2025	$1,780.00	Rent arrears to 1 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,807.00
Total payable by Tenant to Landlord	$1,807.00

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

BY CONSENT – The tenancy at will end at 11.59 pm on Tuesday 20 May 2025 and possession will be granted to the landlord.

Elisha Lane owes [The landlord/s] $1,807.00 (“the debt”) as set out in the table:

BY CONSENT - Elisha Lane must pay the weekly rent until the tenancy ends by weekly payments of $0.00 for rent due on Friday 2 May 2025, Friday 9 May 2025 and on Friday 16 May 2025.

All payments will be allocated in the following order: current rent and then the debt.

BY CONSENT - If the tenant fails to pay the weekly rent within 2 working days of the due dates the tenancy at 251A Jackson Street, Petone, Lower Hutt 5012 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. At the hearing the parties agreed the tenancy can end. The breach notices

The landlord served four breach notices on the tenant. Where a breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (RTA).

The landlord has not been back to the tenancy premises to check if the breaches have been remedied.

I find the tenant has the better evidence that the dog has been removed and the dog poo removed. It seems most likely to me this breach was remedied within the 14 days allowed.

I find the tenant has the better evidence about removing the blue paint from the concrete wall. It seems most likely to me this breach was also remedied within the 14 days.

The landlord served a breach notices because of rent arrears and because he has not received the bond. I will not make an order for the bond because the tenancy is ending. The money from MSD and rent arrears

The landlord submitted that he has not received the bond or the first two weeks rent, both of which were meant to be paid into a bank account by MSD. The tenant provided me with supporting information which suggests MSD made the payment. At the hearing I saw the landlord’s bank statements and I can confirm the money was never received. Both parties said they have talked to MSD.

The District Court considered a similar situation in My House Property Management Limited v Christine Scott [2022] NZDC 1585. In that case the Judge decided that where the evidence establishes that rent has not been received by the landlord then the tenant is responsible for ensuring that the payment is received. Paying rent is a fundamental obligation for the tenant and a “payment cannot be said to have been made if it has not been received”.

I find the current situation with MSD to be similar. It is the tenant’s responsibility to contact MSD and make arrangements for the payment to be made to the landlord.

In the meantime I have made an order for rent arrears as established at the hearing. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenant’s owe money. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5219832 — net $1,807.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 May 2025	$1,780.00	Rent arrears to 1 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,807.00
Total payable by Tenant to Landlord	$1,807.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
BY CONSENT – The tenancy at will end at 11.59 pm on Tuesday 20 May 2025 and possession will be granted to the landlord.
Elisha Lane owes [The landlord/s] $1,807.00 (“the debt”) as set out in the table:
BY CONSENT - Elisha Lane must pay the weekly rent until the tenancy ends by weekly payments of $0.00 for rent due on Friday 2 May 2025, Friday 9 May 2025 and on Friday 16 May 2025.
All payments will be allocated in the following order: current rent and then the debt.
BY CONSENT - If the tenant fails to pay the weekly rent within 2 working days of the due dates the tenancy at 251A Jackson Street, Petone, Lower Hutt 5012 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. At the hearing the parties agreed the tenancy can end. The breach notices
The landlord served four breach notices on the tenant. Where a breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (RTA).
The landlord has not been back to the tenancy premises to check if the breaches have been remedied.
I find the tenant has the better evidence that the dog has been removed and the dog poo removed. It seems most likely to me this breach was remedied within the 14 days allowed.
I find the tenant has the better evidence about removing the blue paint from the concrete wall. It seems most likely to me this breach was also remedied within the 14 days.
The landlord served a breach notices because of rent arrears and because he has not received the bond. I will not make an order for the bond because the tenancy is ending. The money from MSD and rent arrears
The landlord submitted that he has not received the bond or the first two weeks rent, both of which were meant to be paid into a bank account by MSD. The tenant provided me with supporting information which suggests MSD made the payment. At the hearing I saw the landlord’s bank statements and I can confirm the money was never received. Both parties said they have talked to MSD.
The District Court considered a similar situation in My House Property Management Limited v Christine Scott [2022] NZDC 1585. In that case the Judge decided that where the evidence establishes that rent has not been received by the landlord then the tenant is responsible for ensuring that the payment is received. Paying rent is a fundamental obligation for the tenant and a “payment cannot be said to have been made if it has not been received”.
I find the current situation with MSD to be similar. It is the tenant’s responsibility to contact MSD and make arrangements for the payment to be made to the landlord.
In the meantime I have made an order for rent arrears as established at the hearing. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenant’s owe money. See section 95A RTA.

Tenancy Tribunal case 5219832 — Rent arrears at 251A Jackson Street, Petone, Lower Hutt 5012

At a glance

Tenancy Tribunal case 5219832 — Rent arrears at 251A Jackson Street, Petone, Lower Hutt 5012

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