What was Tenancy Tribunal case 5259179 about?

The tribunal order states: Upon the parties filing the requisite paperwork along with a copy of this Order in

How much money was awarded in case 5259179?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,125.71 awarded to landlord

What type of tenancy dispute was case 5259179?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5259179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084386-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5259179 about?

The tribunal order states: Upon the parties filing the requisite paperwork along with a copy of this Order in

How much money was awarded in case 5259179?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,125.71 awarded to landlord

What type of tenancy dispute was case 5259179?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5259179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084386-Tenancy_Tribunal_Order.pdf.

110 Evans Street, Waimataitai, Timaru 7910 Tenancy Tribunal Case 5259179 — Rent arrears

Claims and awards in Tenancy Tribunal application 5259179. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,125.71		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Upon the parties filing the requisite paperwork along with a copy of this Order in support, the Bond Centre is to immediately release the bond of $1,920.00 apportioned as follows: [The landlord/s]: $1,152.71 [The tenant/s]: $767.29
The apportionment of the Bond reflects the amounts owed by the tenant [The tenant/s] to the landlord [The landlord/s] as outlined in the table below:

Reasons

Both parties attended the hearing, which was held by phone.
As the tenancy has been terminated by consent, the only issues for determination are the landlord’s claims for rental arrears and release of bond for off-setting of the arrears. Rental arrears
The landlord applied for rent arrears and submitted a rent summary in support.
As both parties agreed that the tenancy ended on 25 May 2025, the only adjustment to the rent summary is the addition of rent for the final five days, which amounts to $328.57.
During the hearing, the landlord also stated that one of the rent entries he had submitted—originally marked as paid—was likely incorrect (due to another accounting of gas bottle expenditure) and should have been noted as outstanding. The rent summary had been prepared in response to a request from the Tenancy Tribunal and it was incumbent on the landlord to complete it accurately to support his own claim and assist the Tribunal. This discrepancy was only raised partway through the hearing and was not supported by any corroborating evidence. Accordingly, I do not make any adjustments for it.
The tenant accepted that she owed rent from 30 April to 25 May. She denied any additional $205 arrears noted from the start of the tenancy, arguing that this related to a gas issue, which is outlined further below, in terms of outstanding reimbursement for costs allegedly agreed to be covered by the landlord. The tenant relied on gas bottle purchase receipts relating to a different month and the amounts did not match the amounts or rental payments in dispute. As noted below, the arrangement regarding gas bottle costs was not clearly documented, and in the absence of any reliable evidence to the contrary, I accept the rent summary as presented, plus the additional undisputed amount. Tenant’s counter-claim
The tenant made verbal submissions expressing concerns about the tenancy. Specifically, she claimed that the landlord had agreed to reimburse part of her bottled gas costs, as the property cannot be connected to mains gas due to access issues, which affected both hot water and cooking facilities for herself and her children, and she had no car to obtain gas in bottles. She stated she had contacted Tenancy Services, who noted her concerns and advised her that she might have grounds for a claim against the landlord.
Effectively, the tenant was attempting to raise a counterclaim during the hearing. However, a search of the Tenancy Tribunal case records confirmed that this is the only matter involving these parties and that no counterclaim has been lodged. The notice of hearing related solely to the landlord’s claim for rent arrears and reimbursement of the filing fee, since the tenancy was still ongoing at the time the application was filed.
Due to the lack of notice regarding any counterclaim, I am unable to consider those matters during this hearing. If the tenant wishes to pursue a claim, she must file a formal application with supporting information using the standard process. It will then be addressed in the usual way.
The tenant asked that I take into account that she had been a good tenant, was a single mother of two young children, faced certain challenges during the tenancy, and had made efforts to find a replacement tenant given the fixed-term nature of the agreement. While these matters are noted for the record, they could not be considered in relation to the specific issues for determination in this hearing. Landlord’s additional claims
The landlord indicated during the hearing that he wished to amend his claim to include his own reimbursement for gas bottles. However, the rental agreement makes no mention of gas bottles or how these were to be managed or reimbursed. The landlord explained that the previous property manager advised that no such clause was necessary. While there is no strict legal obligation to include such details, this situation highlights the importance of documenting all agreed outgoings. In the absence of clear terms, it becomes difficult to determine what the parties intended, especially if this was an irregular amount, as has occurred here.
This gas bottle issue was not included in the landlord’s original application and therefore was not part of the notice of hearing. As such, it cannot be considered at this time. The landlord may pursue it in a separate application if he chooses with supporting documentation that he did not have at the time of this hearing. Filing fee
As the landlord Mr. [The landlord/s] has substantially succeeded in his claim, the filing fee is reimbursed.

Claims and awards in Tenancy Tribunal application 5259179. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,125.71		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Upon the parties filing the requisite paperwork along with a copy of this Order in support, the Bond Centre is to immediately release the bond of $1,920.00 apportioned as follows: [The landlord/s]: $1,152.71 [The tenant/s]: $767.29
The apportionment of the Bond reflects the amounts owed by the tenant [The tenant/s] to the landlord [The landlord/s] as outlined in the table below:

Reasons

Both parties attended the hearing, which was held by phone.
As the tenancy has been terminated by consent, the only issues for determination are the landlord’s claims for rental arrears and release of bond for off-setting of the arrears. Rental arrears
The landlord applied for rent arrears and submitted a rent summary in support.
As both parties agreed that the tenancy ended on 25 May 2025, the only adjustment to the rent summary is the addition of rent for the final five days, which amounts to $328.57.
During the hearing, the landlord also stated that one of the rent entries he had submitted—originally marked as paid—was likely incorrect (due to another accounting of gas bottle expenditure) and should have been noted as outstanding. The rent summary had been prepared in response to a request from the Tenancy Tribunal and it was incumbent on the landlord to complete it accurately to support his own claim and assist the Tribunal. This discrepancy was only raised partway through the hearing and was not supported by any corroborating evidence. Accordingly, I do not make any adjustments for it.
The tenant accepted that she owed rent from 30 April to 25 May. She denied any additional $205 arrears noted from the start of the tenancy, arguing that this related to a gas issue, which is outlined further below, in terms of outstanding reimbursement for costs allegedly agreed to be covered by the landlord. The tenant relied on gas bottle purchase receipts relating to a different month and the amounts did not match the amounts or rental payments in dispute. As noted below, the arrangement regarding gas bottle costs was not clearly documented, and in the absence of any reliable evidence to the contrary, I accept the rent summary as presented, plus the additional undisputed amount. Tenant’s counter-claim
The tenant made verbal submissions expressing concerns about the tenancy. Specifically, she claimed that the landlord had agreed to reimburse part of her bottled gas costs, as the property cannot be connected to mains gas due to access issues, which affected both hot water and cooking facilities for herself and her children, and she had no car to obtain gas in bottles. She stated she had contacted Tenancy Services, who noted her concerns and advised her that she might have grounds for a claim against the landlord.
Effectively, the tenant was attempting to raise a counterclaim during the hearing. However, a search of the Tenancy Tribunal case records confirmed that this is the only matter involving these parties and that no counterclaim has been lodged. The notice of hearing related solely to the landlord’s claim for rent arrears and reimbursement of the filing fee, since the tenancy was still ongoing at the time the application was filed.
Due to the lack of notice regarding any counterclaim, I am unable to consider those matters during this hearing. If the tenant wishes to pursue a claim, she must file a formal application with supporting information using the standard process. It will then be addressed in the usual way.
The tenant asked that I take into account that she had been a good tenant, was a single mother of two young children, faced certain challenges during the tenancy, and had made efforts to find a replacement tenant given the fixed-term nature of the agreement. While these matters are noted for the record, they could not be considered in relation to the specific issues for determination in this hearing. Landlord’s additional claims
The landlord indicated during the hearing that he wished to amend his claim to include his own reimbursement for gas bottles. However, the rental agreement makes no mention of gas bottles or how these were to be managed or reimbursed. The landlord explained that the previous property manager advised that no such clause was necessary. While there is no strict legal obligation to include such details, this situation highlights the importance of documenting all agreed outgoings. In the absence of clear terms, it becomes difficult to determine what the parties intended, especially if this was an irregular amount, as has occurred here.
This gas bottle issue was not included in the landlord’s original application and therefore was not part of the notice of hearing. As such, it cannot be considered at this time. The landlord may pursue it in a separate application if he chooses with supporting documentation that he did not have at the time of this hearing. Filing fee
As the landlord Mr. [The landlord/s] has substantially succeeded in his claim, the filing fee is reimbursed.

Tenancy Tribunal case 5259179 — Rent arrears at 110 Evans Street, Waimataitai, Timaru 7910

At a glance

Tenancy Tribunal case 5259179 — Rent arrears at 110 Evans Street, Waimataitai, Timaru 7910

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions