What was the outcome of Tenancy Tribunal case 4667569?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4667569?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4667569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500446-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4667569?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4667569?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4667569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500446-Tenancy_Tribunal_Order.pdf.

6 Nearco Street, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4667569 — Rent arrears

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Order

No suppression orders apply around publication of this decision.

Itaifafo Palenapa Faatasi and Deborah Roseyannah Faalavaau must pay Wijaya Investments Limited $275.00 immediately, being rent arrears to 25 August 2022 after the bond is deducted.

The Bond Centre is to pay the bond of $1,575.00 (5373490-003) to Wijaya Investments Limited immediately.

Before the balance of the claim for compensation is heard, the landlord is to provide the Tribunal with a current service address for the tenant.

The application is returned to Tenancy Services for further service.

If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.

Reasons

Only the applicant landlord attended the hearing. Neither tenant could be contacted on the numbers provided.

The landlord has applied for rent arrears and compensation. The tenants gave 2 weeks’ notice that the tenancy was to end on 10 August 2022. The landlord has provided rent records which prove the amount of rent owing on 24 August is $1,850.00.

The landlord has also filed an extensive compensation claim. Full details of that claim were only provided today.

The bond can be refunded to the landlord as the evidence provided clearly supports that the tenants owed more than the bond in rent (and the landlord accepted less notice than the tenants were required to give).

However, the compensation claim, which is extensive, cannot be heard in the absence of proof that it has been served on the tenants. This is because the application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.

The application has not been served in accordance with these requirements.

The hearing cannot proceed until effective service has taken place.

If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.

Order

No suppression orders apply around publication of this decision.

Itaifafo Palenapa Faatasi and Deborah Roseyannah Faalavaau must pay Wijaya Investments Limited $275.00 immediately, being rent arrears to 25 August 2022 after the bond is deducted.

The Bond Centre is to pay the bond of $1,575.00 (5373490-003) to Wijaya Investments Limited immediately.

Before the balance of the claim for compensation is heard, the landlord is to provide the Tribunal with a current service address for the tenant.

The application is returned to Tenancy Services for further service.

Reasons

Only the applicant landlord attended the hearing. Neither tenant could be contacted on the numbers provided.

The landlord has also filed an extensive compensation claim. Full details of that claim were only provided today.

The application has not been served in accordance with these requirements.

The hearing cannot proceed until effective service has taken place.

Tenancy Tribunal case 4667569 — Rent arrears at 6 Nearco Street, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4667569 — Rent arrears at 6 Nearco Street, Randwick Park, Auckland 2105

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions