What was Tenancy Tribunal case 5297930 about?

The tribunal order states: [The landlord/s], [The landlord/s], [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 5297930?

Filing Fee: $27.00 awarded to tenant; Gas Bottle Hireage For Two Years: $249.85 awarded to tenant; Rent Refund For First Week Paid In A…: $890.00 awarded to tenant

What type of tenancy dispute was case 5297930?

The dispute type was not classified.

Where can I read the official tribunal order for case 5297930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12476980-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5297930 about?

The tribunal order states: [The landlord/s], [The landlord/s], [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 5297930?

Filing Fee: $27.00 awarded to tenant; Gas Bottle Hireage For Two Years: $249.85 awarded to tenant; Rent Refund For First Week Paid In A…: $890.00 awarded to tenant

What type of tenancy dispute was case 5297930?

The dispute type was not classified.

Where can I read the official tribunal order for case 5297930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12476980-Tenancy_Tribunal_Order.pdf.

5 Kilmacrennan Drive, Rosehill, Papakura 2113 Tenancy Tribunal Case 5297930 — Tenancy dispute

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5 Kilmacrennan Drive, Rosehill, Papakura 2113 Tenancy Tribunal Case 5297930 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5297930 — net $1,166.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent refund for first week paid in advance	$890.00	Rent refund for first week paid in advance
Gas bottle hireage for two years	$249.85	Gas bottle hireage for two years
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,166.85
Total payable by Landlord to Tenant	$1,166.85

Claims and awards for application 5297930 — net $1,166.85 NZD. Verify on MoJ.

Rent refund for first week paid in advance

Amount: $890.00
Awarded to: Tenant
Reason: Rent refund for first week paid in advance

Gas bottle hireage for two years

Amount: $249.85
Awarded to: Tenant
Reason: Gas bottle hireage for two years

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,166.85

Total payable by Landlord to Tenant

Tenant $1,166.85

Claim types — money lines allowed on this order

Filing Fee

Order

[The landlord/s], [The landlord/s], [The landlord/s] must pay [The tenant/s] $1,166.85 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing, the landlord represented by Mr [The landlord/s].
The tenant has applied for a refund of one week’s rent and reimbursement of the annual hiring fee of the gas bottles for the house.
The onus of proof is on the tenant. The standard of proof is on the balance of probabilities.
The landlord agrees to reimburse the tenant for the hireage of the gas bottles. They had not previously realised that they should pay that.
The tenant says that she paid one week’s rent in advance in cash at the same time as the bond on 31 December 2022. Then she commenced payments by automatic payment, with the first payment being on the day the tenancy started on 4 January 2023. She said that she did this because she thought that she had to pay two weeks in advance.
There is no dispute that the tenant began bank transfers on 4 January. The dispute is whether she paid one week’s rent in cash beforehand.
The tenant points to the receipt that forms part of the tenancy agreement. Under the heading “Rent and Bond Receipt” it records initial rent payment as $890, bond as $3,560. Next to the words “Signed as received” is the landlord’s signature. This is dated 31 December 2022.
The landlord agrees that he received $3,560 bond in cash, but says that the parties agreed that the tenant would transfer the first week’s rent, rather than pay it in cash.
I accept the landlord’s evidence that there was no reason for the tenant to believe that she had to pay fortnightly in advance. The tenancy agreement makes it clear that rent was to be paid weekly in advance.
However, the tenant says that she paid cash on 31 December and this is supported by the documentary evidence in which the landlord signed that he had received $890 plus the bond. Therefore on the balance of probabilities, I find that the tenant did pay this amount. I therefore order the landlord to reimburse one week’s rent to the tenant.
The landlord agrees that they should pay for the gas cylinder hireage. The tenant provided evidence that the annual cost for one year was $108.63. I therefore order the landlord to reimburse the tenant for two years, which is $217.26 plus GST, which is $249.85.
Because the bond was not lodged with the bond centre, I am unable to order that the total amount of $1,166.85 is paid out of the bond.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5297930 — net $1,166.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent refund for first week paid in advance	$890.00	Rent refund for first week paid in advance
Gas bottle hireage for two years	$249.85	Gas bottle hireage for two years
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,166.85
Total payable by Landlord to Tenant	$1,166.85

Claims and awards for application 5297930 — net $1,166.85 NZD. Verify on MoJ.

Rent refund for first week paid in advance

Amount: $890.00
Awarded to: Tenant
Reason: Rent refund for first week paid in advance

Gas bottle hireage for two years

Amount: $249.85
Awarded to: Tenant
Reason: Gas bottle hireage for two years

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,166.85

Total payable by Landlord to Tenant

Tenant $1,166.85

Claim types — money lines allowed on this order

Filing Fee

Order

[The landlord/s], [The landlord/s], [The landlord/s] must pay [The tenant/s] $1,166.85 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing, the landlord represented by Mr [The landlord/s].
The tenant has applied for a refund of one week’s rent and reimbursement of the annual hiring fee of the gas bottles for the house.
The onus of proof is on the tenant. The standard of proof is on the balance of probabilities.
The landlord agrees to reimburse the tenant for the hireage of the gas bottles. They had not previously realised that they should pay that.
The tenant says that she paid one week’s rent in advance in cash at the same time as the bond on 31 December 2022. Then she commenced payments by automatic payment, with the first payment being on the day the tenancy started on 4 January 2023. She said that she did this because she thought that she had to pay two weeks in advance.
There is no dispute that the tenant began bank transfers on 4 January. The dispute is whether she paid one week’s rent in cash beforehand.
The tenant points to the receipt that forms part of the tenancy agreement. Under the heading “Rent and Bond Receipt” it records initial rent payment as $890, bond as $3,560. Next to the words “Signed as received” is the landlord’s signature. This is dated 31 December 2022.
The landlord agrees that he received $3,560 bond in cash, but says that the parties agreed that the tenant would transfer the first week’s rent, rather than pay it in cash.
I accept the landlord’s evidence that there was no reason for the tenant to believe that she had to pay fortnightly in advance. The tenancy agreement makes it clear that rent was to be paid weekly in advance.
However, the tenant says that she paid cash on 31 December and this is supported by the documentary evidence in which the landlord signed that he had received $890 plus the bond. Therefore on the balance of probabilities, I find that the tenant did pay this amount. I therefore order the landlord to reimburse one week’s rent to the tenant.
The landlord agrees that they should pay for the gas cylinder hireage. The tenant provided evidence that the annual cost for one year was $108.63. I therefore order the landlord to reimburse the tenant for two years, which is $217.26 plus GST, which is $249.85.
Because the bond was not lodged with the bond centre, I am unable to order that the total amount of $1,166.85 is paid out of the bond.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5297930 — Tenancy dispute at 5 Kilmacrennan Drive, Rosehill, Papakura 2113

At a glance

Award balance

Tenancy Tribunal case 5297930 — Tenancy dispute at 5 Kilmacrennan Drive, Rosehill, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

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Frequently asked questions

Claims & awards

Order

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Frequently asked questions