What was the outcome of Tenancy Tribunal case 4620233?

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

How much money was awarded in case 4620233?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord

What type of tenancy dispute was case 4620233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4620233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9277132-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4620233?

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

How much money was awarded in case 4620233?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord

What type of tenancy dispute was case 4620233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4620233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9277132-Tenancy_Tribunal_Order.pdf.

68 Tawhai Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4620233 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

68 Tawhai Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4620233 — Rent arrears | 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 4620233 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 August 2023	$2,750.00	Rent arrears to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$370.44
Total payable by Tenant to Landlord	$370.44

Claims and awards for application 4620233 — net $370.44 NZD. Verify on MoJ.

Rent arrears to 9 August 2023

Amount: $2,750.00
Awarded to: Landlord
Reason: Rent arrears to 9 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $370.44

Total payable by Tenant to Landlord

Landlord $370.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Brooke Mariae Lewis and James O'Connor at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For Julie Down Investment Limited, at
59pm on Wednesday 9 August 2023.
Brooke Mariae Lewis and James O'Connor must pay Oxygen.Co.Nz Limited As Agent For Julie Down Investment Limited $370.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing.
The tenants say they have filed a cross application, but it is not before the Tribunal today. The landlord also advised that it was not aware of any such notification of a cross application. The tenants claim the landlord has not complied with Health Home Standards. This was denied by the landlord. There is no evidence or other compelling information before the Tribunal to consider if the cross-application leads to an equitable set-off. In the circumstances, I am unable to deal with the tenants’ concerns as there is no formal cross application before me. The tenants’ application will have to be dealt with at a separate hearing by the allocated Adjudicator.
I appreciate that the tenants’ personal circumstances are such that moving out will be difficult. While I acknowledge the tenants' position, their personal circumstances in and of themselves are not factors the Tribunal can take account of.
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4620233 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 August 2023	$2,750.00	Rent arrears to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$370.44
Total payable by Tenant to Landlord	$370.44

Claims and awards for application 4620233 — net $370.44 NZD. Verify on MoJ.

Rent arrears to 9 August 2023

Amount: $2,750.00
Awarded to: Landlord
Reason: Rent arrears to 9 August 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $370.44

Total payable by Tenant to Landlord

Landlord $370.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Brooke Mariae Lewis and James O'Connor at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For Julie Down Investment Limited, at
59pm on Wednesday 9 August 2023.
Brooke Mariae Lewis and James O'Connor must pay Oxygen.Co.Nz Limited As Agent For Julie Down Investment Limited $370.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing.
The tenants say they have filed a cross application, but it is not before the Tribunal today. The landlord also advised that it was not aware of any such notification of a cross application. The tenants claim the landlord has not complied with Health Home Standards. This was denied by the landlord. There is no evidence or other compelling information before the Tribunal to consider if the cross-application leads to an equitable set-off. In the circumstances, I am unable to deal with the tenants’ concerns as there is no formal cross application before me. The tenants’ application will have to be dealt with at a separate hearing by the allocated Adjudicator.
I appreciate that the tenants’ personal circumstances are such that moving out will be difficult. While I acknowledge the tenants' position, their personal circumstances in and of themselves are not factors the Tribunal can take account of.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4620233 — Rent arrears at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4620233 — Rent arrears at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions