How much money was awarded in case 5231191?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 5231191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5231191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065140-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5231191?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 5231191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5231191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065140-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5231191 — Rent arrears

Q: What was Tenancy Tribunal case 5231191 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 5231191 — net $3,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2025	$3,300.00	Rent arrears to 12 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,327.00
Total payable by Tenant to Landlord	$3,327.00

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

Sara Middleton and Adrian Donald must pay [The landlord/s] $3,327.00 immediately, calculated as shown in table below.

The balance of the claim dismissed.

Reasons

The landlord attended the hearing by phone call.

The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 13 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. At the hearing the landlord claimed rent arrears to 12 March 2025 (in line with the rent week) and I have made an order for the amount claimed. The balance of the claim for rent arrears is dismissed as the tenant is only liable for rent until the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1

The landlord claimed the cost of cleaning and rubbish removal.

An invoice and oral evidence were provided in support of the claim. However, no photographs were provided to show that the premises was unclean or to show the rubbish that was left by the tenants at the premises.

I find that insufficient evidence has been provided in support of the claim and dismiss the claim for cleaning and rubbish removal costs. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Filing fee and suppression

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

The landlord applied for name suppression and as the application has been substantially successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 5231191 — net $3,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2025	$3,300.00	Rent arrears to 12 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,327.00
Total payable by Tenant to Landlord	$3,327.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sara Middleton and Adrian Donald must pay [The landlord/s] $3,327.00 immediately, calculated as shown in table below.
The balance of the claim dismissed.

Reasons

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 13 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. At the hearing the landlord claimed rent arrears to 12 March 2025 (in line with the rent week) and I have made an order for the amount claimed. The balance of the claim for rent arrears is dismissed as the tenant is only liable for rent until the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The landlord claimed the cost of cleaning and rubbish removal.
An invoice and oral evidence were provided in support of the claim. However, no photographs were provided to show that the premises was unclean or to show the rubbish that was left by the tenants at the premises.
I find that insufficient evidence has been provided in support of the claim and dismiss the claim for cleaning and rubbish removal costs. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Filing fee and suppression
Because the landlord has partly succeeded with the claim, I have reimbursed the filing fee.
The landlord applied for name suppression and as the application has been substantially successful, I have made an order accordingly.

Tenancy Tribunal case 5231191 — Rent arrears

At a glance

Tenancy Tribunal case 5231191 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions