How much money was awarded in case 4604191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4604191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4604191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422523-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4604191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4604191?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4604191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422523-Tenancy_Tribunal_Order.pdf.

84B Hackthorne Road, Cashmere, Christchurch 8022 Tenancy Tribunal Case 4604191 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4604191?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

The hearing is adjourned.

A further one-hour will be allowed for the next hearing of this application, scheduled before me at this court on the next available date after 28 days.

Reasons

The hearing was conducted by telephone. The landlord attended. The call to the tenant’s mobile telephone number at the time of the hearing was answered, but it was quickly disconnected by the person who answered when the Registrar asked that person if he was Slade Reynish. The hearing then proceeded without the tenant.

The landlord claims $4,725 rent arrears and $128.10 costs following the end of the tenancy on 2 March 2023. The landlord holds a bond in the sum of $590.

The landlord explained that approximately 20 years ago she converted the basement of her house so that it became a self-contained flat. She has continued to live in the original dwelling above.

She said that she assumed that the builder who did the work obtained the necessary consents, but she could not be sure. She was also unaware whether she had consent to use the premises as a separate dwelling. The flat was originally for use by her son, but for some years now she has rented it out.

The issue here is whether the flat constitutes unlawful residential premises under s78A of the Residential Tenancies Act 1986 (the Act). If the landlord did not have consent to use the premises as a separate residential dwelling, it would be unlawful to rent it out as such.

If that is the case, the Tribunal must order not make an order for payment of rent arrears or compensation unless it would be unjust not to make the order.

I have therefore adjourned the hearing for at least 28 days to allow the landlord to obtain and produce evidence that she has the required consent. I will consider any such evidence at the next hearing and decide on the claims then.

The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

The hearing is adjourned.

A further one-hour will be allowed for the next hearing of this application, scheduled before me at this court on the next available date after 28 days.

Reasons

The landlord claims $4,725 rent arrears and $128.10 costs following the end of the tenancy on 2 March 2023. The landlord holds a bond in the sum of $590.

The landlord explained that approximately 20 years ago she converted the basement of her house so that it became a self-contained flat. She has continued to live in the original dwelling above.

If that is the case, the Tribunal must order not make an order for payment of rent arrears or compensation unless it would be unjust not to make the order.

The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Tenancy Tribunal case 4604191 — Rent arrears at 84B Hackthorne Road, Cashmere, Christchurch 8022

At a glance

Tenancy Tribunal case 4604191 — Rent arrears at 84B Hackthorne Road, Cashmere, Christchurch 8022

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