What was Tenancy Tribunal case 5316141 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5316141?

Electricity Account: $276.76 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5316141?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5316141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12508419-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316141 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5316141?

Electricity Account: $276.76 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5316141?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5316141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12508419-Tribunal_Order_Redacted.pdf.

46 Newell Road, Tamahere, RD 3, Hamilton 3283 Tenancy Tribunal Case 5316141 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5316141 — net $694.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 March 2025	$390.00	Rent arrears to 29 March 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Electricity account	$276.76	Electricity account
Net award	$694.76
Total payable by Tenant to Landlord	$694.76

The landlord attended the hearing with an interpreter. The tenant did not appear.

The landlord applied for rent arrears, reimbursement for power, compensation and reimbursement of the filing fee following the end of the tenancy.

No bond was paid by the tenant.

The landlord was also the owner of the premises and had submitted a flat/house sharing agreement as evidence of the tenancy. The landlord said that they had not had a long term tenancy before so had use this agreement.

The question of whether the Tribunal had jurisdiction was considered. The landlord said that the premises were a fully self-contained unit that was attached to the main house where the landlord lived.

The tenant had exclusive use of the unit except for a locked bedroom and storage cupboard upstairs where the owner stored items that were used when it had been rented out as an air BnB.

The unit was fully furnished and had its own entry. None of the facilities were shared.

I find that this is residential tenancy and the Tribunal has jurisdiction to hear the landlords’ claims.

The tenancy began on 16 June 2024 and ended on 29 March 2025 after the landlord took possession. She said that a notice a notice to end the tenancy was issued after the tenant failed to pay the rent arrears and the tenant moved out. A copy of the notice was not available, .

The party bringing the claim to the Tribunal has the responsibility to establish it to the civil law standard being “on the balance of probabilities”. The balance of probabilities means more likely than un-likely that their version of events occurred. This obligation carried by the applicant is referred to as the “burden of proof”.

This was considered 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 29 March 2025. The landlord’s rent summary was not from the start of the tenancy and did not record any rent payments made. It only recorded the failure to pay one weeks rent and this is amount is awarded.

How much is owed for electricity?

The landlord claimed for electricity used by the tenant stating that the main house and unit each had their own electricity metre. A tenant is only liable for outgoings that are exclusively attributable to the tenant’s use of the premises. See section 39 Residential Tenancies Act 1986.

Some time was taken to locate the invoices and determine which invoice related to the unit as the physical address was the same as the main house.

The landlord provided three separate electricity accounts with the same physical address. The landlord said that the main house account was different as it also had an invoice for gas which the unit did not have. A copy of the main house invoice was received and different ICP number confirmed.

Three invoices were provided with the units ICP number, with only part of the last invoice claimed to correspond with the end of the tenancy date, being 29 March 2025.The amount claimed for electricity use is awarded.

Should compensation be awarded?

The landlord sought compensation for items that she said were removed form a locked bedroom and storage cupboard located in the upstairs of the premises.

The landlord was unable to prove that the items were there at the start of the tenancy, and there was no chattels list attached to the agreement.

The landlord was unable to establish their claims with evidence and therefore the claims for compensation are dismissed.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 5316141 — net $694.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 March 2025	$390.00	Rent arrears to 29 March 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Electricity account	$276.76	Electricity account
Net award	$694.76
Total payable by Tenant to Landlord	$694.76

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
All other claims are dismissed
Shanla Jane Henderson must pay [The landlord/s] $694.76 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing with an interpreter. The tenant did not appear.
The landlord applied for rent arrears, reimbursement for power, compensation and reimbursement of the filing fee following the end of the tenancy.
No bond was paid by the tenant.
The landlord was also the owner of the premises and had submitted a flat/house sharing agreement as evidence of the tenancy. The landlord said that they had not had a long term tenancy before so had use this agreement.
The question of whether the Tribunal had jurisdiction was considered. The landlord said that the premises were a fully self-contained unit that was attached to the main house where the landlord lived.
The tenant had exclusive use of the unit except for a locked bedroom and storage cupboard upstairs where the owner stored items that were used when it had been rented out as an air BnB.
The unit was fully furnished and had its own entry. None of the facilities were shared.
I find that this is residential tenancy and the Tribunal has jurisdiction to hear the landlords’ claims.
The tenancy began on 16 June 2024 and ended on 29 March 2025 after the landlord took possession. She said that a notice a notice to end the tenancy was issued after the tenant failed to pay the rent arrears and the tenant moved out. A copy of the notice was not available, .
The party bringing the claim to the Tribunal has the responsibility to establish it to the civil law standard being “on the balance of probabilities”. The balance of probabilities means more likely than un-likely that their version of events occurred. This obligation carried by the applicant is referred to as the “burden of proof”.
This was considered 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 29 March 2025. The landlord’s rent summary was not from the start of the tenancy and did not record any rent payments made. It only recorded the failure to pay one weeks rent and this is amount is awarded.

How much is owed for electricity?

The landlord claimed for electricity used by the tenant stating that the main house and unit each had their own electricity metre. A tenant is only liable for outgoings that are exclusively attributable to the tenant’s use of the premises. See section 39 Residential Tenancies Act 1986.
Some time was taken to locate the invoices and determine which invoice related to the unit as the physical address was the same as the main house.
The landlord provided three separate electricity accounts with the same physical address. The landlord said that the main house account was different as it also had an invoice for gas which the unit did not have. A copy of the main house invoice was received and different ICP number confirmed.
Three invoices were provided with the units ICP number, with only part of the last invoice claimed to correspond with the end of the tenancy date, being 29 March 2025.The amount claimed for electricity use is awarded.

Should compensation be awarded?

The landlord sought compensation for items that she said were removed form a locked bedroom and storage cupboard located in the upstairs of the premises.
The landlord was unable to prove that the items were there at the start of the tenancy, and there was no chattels list attached to the agreement.
The landlord was unable to establish their claims with evidence and therefore the claims for compensation are dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 5316141 — Rent arrears at 46 Newell Road, Tamahere, RD 3, Hamilton 3283

At a glance

Tenancy Tribunal case 5316141 — Rent arrears at 46 Newell Road, Tamahere, RD 3, Hamilton 3283

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

Should compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

Should compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions