How much money was awarded in case 4633149?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $14,825.00 awarded to landlord

What type of tenancy dispute was case 4633149?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4633149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273551-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4633149?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $14,825.00 awarded to landlord

What type of tenancy dispute was case 4633149?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4633149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273551-Tenancy_Tribunal_Order.pdf.

24 Vardon Crescent, Shirley, Christchurch 8061 Tenancy Tribunal Case 4633149 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4633149?

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

Order

Claims and awards in Tenancy Tribunal application 4633149 — net $14,845.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 August 2023	$14,825.00	Rent arrears (to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,845.44
Total payable by Tenant to Landlord	$14,845.44

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

By declaration a tenancy commenced between Shaun Patrick O’Neill, as landlord and Rebecca Murray as tenant on 13 August 2022 for the premises at 24 Vardon Crescent, Shirley.

The tenancy of Rebecca Murray at 24 Vardon Crescent, Shirley, Christchurch 8061 is terminated, and possession is granted to Rata Property Management Services Limited As Agent For Shaun O'Neill, at 5pm on Wednesday, 23 August 2023.

Rebecca Murray must pay Rata Property Management Services Limited As Agent For Shaun O'Neill $14,845.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 9 August 2023)$14,825.00 Filing fee reimbursement$20.44 Total award$14,845.44 Total payable by Tenant to Landlord$14,845.44

The application against Matthew Ray is dismissed.

Reasons

Ms Murray attended a hearing which was held by telephone. Mr Withers also attended for the landlord.

Mr Ray did not attend. I attempted to contact him, but the call went to voicemail. Mr Withers advised that he did not expect Mr Ray to answer the call.

The landlord has applied for termination of the tenancy and rent arrears.

There was a preliminary issue regarding the tenancy agreement and the correct parties to the application. Ms Murray and Mr Ray were in a relationship. That relationship has broken down. Ms Murray advised that Mr Ray has not been at the property for some time.

The parties referred me to the first page of two tenancy agreements. One between Mr Ray and Mr O’Neill for a rental of $400 per week. The second between Ms Murray and Mr O’Neill for rental of $550 per week. Ms Murray also provided the final page of an agreement signed by her as tenant and Mr O’Neill as landlord.

Somewhat surprisingly, the landlord’s position was that it had a tenancy with Mr Ray for $400 per week, increased at some point to $450. Whereas, Ms Murray said the agreement was with her, and the rent was $550 per week. Ms Murray also referred to correspondence with WINZ from the start of the tenancy, confirming that it had received a copy of a tenancy agreement. WINZ made payments to Mr O’Neill in accordance with the tenancy agreement that Ms Murray relies on.

The evidence establishes that it is more likely than not that the tenancy agreement was between Ms Murray and Mr O’Neill for a weekly rent of $550. On that basis, the application against Mr Ray is dismissed.

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. Ms Murray advised that she has secured alternative premises from 23 August 2023. Mr Withers accepted that that is an appropriate date for the termination order to take effect.

The landlord provided rent records which prove the amount owing to today. Ms Murray advised that she had stopped paying rent because of issues related to her domestic situation with Mr Ray and, because of alleged conduct of Mr O’Neill. The allegations involving Mr O’Neill were not before me by way of application today, and I have not considered them.

The outstanding rent of $14,825 includes credit for a payment of $2,200 made by WINZ to Mr O’Neill on Ms Murray’s behalf for the bond. There is no practical utility in requiring the landlord to pay the bond to the bond centre now, and there was no application before me regarding the landlord’s treatment of the bond. However, Mr O’Neill is reminded of its obligation to lodge bonds with the bond centre.

As the landlord was the successful party, I have awarded reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4633149 — net $14,845.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 August 2023	$14,825.00	Rent arrears (to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,845.44
Total payable by Tenant to Landlord	$14,845.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
By declaration a tenancy commenced between Shaun Patrick O’Neill, as landlord and Rebecca Murray as tenant on 13 August 2022 for the premises at 24 Vardon Crescent, Shirley.
The tenancy of Rebecca Murray at 24 Vardon Crescent, Shirley, Christchurch 8061 is terminated, and possession is granted to Rata Property Management Services Limited As Agent For Shaun O'Neill, at 5pm on Wednesday, 23 August 2023.
Rebecca Murray must pay Rata Property Management Services Limited As Agent For Shaun O'Neill $14,845.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 9 August 2023)$14,825.00 Filing fee reimbursement$20.44 Total award$14,845.44 Total payable by Tenant to Landlord$14,845.44
The application against Matthew Ray is dismissed.

Reasons

Ms Murray attended a hearing which was held by telephone. Mr Withers also attended for the landlord.
Mr Ray did not attend. I attempted to contact him, but the call went to voicemail. Mr Withers advised that he did not expect Mr Ray to answer the call.
The landlord has applied for termination of the tenancy and rent arrears.
There was a preliminary issue regarding the tenancy agreement and the correct parties to the application. Ms Murray and Mr Ray were in a relationship. That relationship has broken down. Ms Murray advised that Mr Ray has not been at the property for some time.
The parties referred me to the first page of two tenancy agreements. One between Mr Ray and Mr O’Neill for a rental of $400 per week. The second between Ms Murray and Mr O’Neill for rental of $550 per week. Ms Murray also provided the final page of an agreement signed by her as tenant and Mr O’Neill as landlord.
Somewhat surprisingly, the landlord’s position was that it had a tenancy with Mr Ray for $400 per week, increased at some point to $450. Whereas, Ms Murray said the agreement was with her, and the rent was $550 per week. Ms Murray also referred to correspondence with WINZ from the start of the tenancy, confirming that it had received a copy of a tenancy agreement. WINZ made payments to Mr O’Neill in accordance with the tenancy agreement that Ms Murray relies on.
The evidence establishes that it is more likely than not that the tenancy agreement was between Ms Murray and Mr O’Neill for a weekly rent of $550. On that basis, the application against Mr Ray is dismissed.
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. Ms Murray advised that she has secured alternative premises from 23 August 2023. Mr Withers accepted that that is an appropriate date for the termination order to take effect.
The landlord provided rent records which prove the amount owing to today. Ms Murray advised that she had stopped paying rent because of issues related to her domestic situation with Mr Ray and, because of alleged conduct of Mr O’Neill. The allegations involving Mr O’Neill were not before me by way of application today, and I have not considered them.
The outstanding rent of $14,825 includes credit for a payment of $2,200 made by WINZ to Mr O’Neill on Ms Murray’s behalf for the bond. There is no practical utility in requiring the landlord to pay the bond to the bond centre now, and there was no application before me regarding the landlord’s treatment of the bond. However, Mr O’Neill is reminded of its obligation to lodge bonds with the bond centre.
As the landlord was the successful party, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4633149 — Rent arrears at 24 Vardon Crescent, Shirley, Christchurch 8061

At a glance

Tenancy Tribunal case 4633149 — Rent arrears at 24 Vardon Crescent, Shirley, Christchurch 8061

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