How much money was awarded in case 4644490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,508.71 awarded to landlord

What type of tenancy dispute was case 4644490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4644490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9318015-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4644490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,508.71 awarded to landlord

What type of tenancy dispute was case 4644490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4644490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9318015-Tenancy_Tribunal_Order.pdf.

Room 4, Unit/Flat 19, 159 Unsworth Drive, Unsworth Tenancy Tribunal Case 4644490 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4644490?

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

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Order

Claims and awards in Tenancy Tribunal application 4644490 — net $929.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 August 2023	$2,508.71	Rent arrears as at 21 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$929.15
Total payable by Tenant to Landlord	$929.15

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

The tenancy of Christopher Daniel Walsh at Room 4, Unit/Flat 19, 159 Unsworth Drive, Unsworth Heights, Auckland 0632 is terminated, and possession is granted to Collett Realty Limited, at 11.59pm on Monday 21 August 2023.

The Bond Centre is to pay the bond of $1,600.00 (6465056-001) to Collett Realty Limited immediately.

Christopher Daniel Walsh must pay Collett Realty Limited $929.15 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, reimbursement of the filing fee and payment of the bond.

How much rent is owed?

At today’s hearing Mr Walsh stated that he has not paid rent since 6 July 2023 because he has not received an updated tenancy agreement which records that his new address is now Studio 4, rather than Studio 3, Unit 19, 159 Unsworth Rd.

Section 13 of the Residential Tenancies Act 1986 provides that a tenancy agreement must be in writing and signed. Section 13C provides further that no tenancy agreement shall be unenforceable on the grounds that it is not in writing.

In this case that means that even though there is no written agreement recording the change in address and purported increase in rent, a verbal agreement is enforceable.

I accept the evidence that the parties agreed that Mr Walsh could move from Studio 3 to Studio 4. Mr Walsh acknowledges that he now lives in Studio 4.

What Mr Walsh disputes is that the rent increased from $400.00 per week to $410.00 per week.

As the applicant, the landlord is required to prove their case on the balance of probabilities. In this case that means the landlord is required to show that more likely than not, the parties agreed that once Mr Walsh moved to Studio 4, the rent would increase from $400.00 per week to $410.00 per week.

In a he said/ she said situation such as this one, where each parties’ evidence directly contradicts the other’s, in order to prove their case, the landlord would have to show some kind of objective evidence, such as a written tenancy agreement, which supports their case.

I find that in the absence of any such objective evidence the landlord has not been able to show to the required standard that the rent increased by $10.00 per week.

With the rent remaining at $400.00 per week, I accept the evidence that as at today’s date, Mr Walsh owes $2508.71 in rent arrears. Should Mr Walsh’s tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and so in accordance with the provisions of s55(1)(a) of the Residential Tenancies Act 1986, Mr Walsh’s tenancy must be terminated. Filing fee reimbursement

In addition to the above findings, because Collett Realty Limited has substantially succeeded with the claim I am ordering Mr Walsh to reimburse them the filing fee. C ter Haar 21 August 2023

Order

Claims and awards in Tenancy Tribunal application 4644490 — net $929.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 August 2023	$2,508.71	Rent arrears as at 21 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$929.15
Total payable by Tenant to Landlord	$929.15

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

The Bond Centre is to pay the bond of $1,600.00 (6465056-001) to Collett Realty Limited immediately.

Christopher Daniel Walsh must pay Collett Realty Limited $929.15 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, reimbursement of the filing fee and payment of the bond.

How much rent is owed?

In this case that means that even though there is no written agreement recording the change in address and purported increase in rent, a verbal agreement is enforceable.

I accept the evidence that the parties agreed that Mr Walsh could move from Studio 3 to Studio 4. Mr Walsh acknowledges that he now lives in Studio 4.

What Mr Walsh disputes is that the rent increased from $400.00 per week to $410.00 per week.

I find that in the absence of any such objective evidence the landlord has not been able to show to the required standard that the rent increased by $10.00 per week.

With the rent remaining at $400.00 per week, I accept the evidence that as at today’s date, Mr Walsh owes $2508.71 in rent arrears. Should Mr Walsh’s tenancy be terminated?

In addition to the above findings, because Collett Realty Limited has substantially succeeded with the claim I am ordering Mr Walsh to reimburse them the filing fee. C ter Haar 21 August 2023

Tenancy Tribunal case 4644490 — Rent arrears at Room 4, Unit/Flat 19, 159 Unsworth Drive, Unsworth

At a glance

Tenancy Tribunal case 4644490 — Rent arrears at Room 4, Unit/Flat 19, 159 Unsworth Drive, Unsworth

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