What was the outcome of Tenancy Tribunal case 4676469?

The tribunal order states: Chevy Hape and Judah Hapurona must pay Rentals.Co.Nz Limited t/as Rental

How much money was awarded in case 4676469?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $998.57 awarded to landlord; Water Rates: $215.68 awarded to landlord

What type of tenancy dispute was case 4676469?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10038631-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4676469?

The tribunal order states: Chevy Hape and Judah Hapurona must pay Rentals.Co.Nz Limited t/as Rental

How much money was awarded in case 4676469?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $998.57 awarded to landlord; Water Rates: $215.68 awarded to landlord

What type of tenancy dispute was case 4676469?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10038631-Tribunal_Order.pdf.

8 Holmes Avenue, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4676469 — Rent arrears

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8 Holmes Avenue, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4676469 — 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 4676469 — net $1,234.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$998.57	5. The amounts claimed by the landlord for rent arrears and water rates arrears are proven.
Water rates to 18 October 2023	$215.68	Water rates to 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,234.69
Total payable by Tenant to Landlord	$1,234.69

Claims and awards for application 4676469 — net $1,234.69 NZD. Verify on MoJ.

Rent arrears to 18 October 2023

Amount: $998.57
Awarded to: Landlord
Reason: 5. The amounts claimed by the landlord for rent arrears and water rates arrears are proven.

Water rates to 18 October 2023

Amount: $215.68
Awarded to: Landlord
Reason: Water rates to 18 October 2023

Filing fee reimbursement

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

Net award

Landlord $1,234.69

Total payable by Tenant to Landlord

Landlord $1,234.69

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Chevy Hape and Judah Hapurona must pay Rentals.Co.Nz Limited t/as Rental Experts $1,234.69 immediately, calculated as shown in table below.
The tenants’ application is dismissed.

Reasons

The adjournment orders dated 6 November 2023 and 14 December 2023 set out the background to the applications.
The third hearing took place on 16 February 2024.
The tenants’ bank provided details of the account that the payment of $830.00 on 4 August 2020 was made into. It was not paid into the landlord’s account.
There are no proven inaccuracies or discrepancies in the landlord’s rent record or in the ledger of water invoices and water payments.
The amounts claimed by the landlord for rent arrears and water rates arrears are proven.
The tenants’ application raised issues relating to: a. Draughts around windows causing cold and dampness. b. Smoke alarms going off.
There is no evidence of the tenants raising any complaints about draughts around windows before 2023. Ms Inglis submitted that no complaints were raised with her, and there is nothing noted on her inspection reports.
The owners were at the property reasonably regularly, and I was provided with numerous emails showing that the owners responded quicky and proactively to property issues. I accept that the owners would have carried out the relatively simple and inexpensive work of putting insulation foam in the window frames if they had been informed of this problem early in the tenancy.
Therefore I find that it is not proven that the landlord failed to meet its maintenance obligation in terms of the draughts.
The landlord has a contract with a service provider to inspect the smoke alarms annually. Again, this is not an instance of a landlord failing to attend to their maintenance obligation.
There is no basis for an award of compensation or exemplary damages in respect of these issues.
Therefore the tenants’ application must be dismissed.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

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 4676469 — net $1,234.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2023	$998.57	5. The amounts claimed by the landlord for rent arrears and water rates arrears are proven.
Water rates to 18 October 2023	$215.68	Water rates to 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,234.69
Total payable by Tenant to Landlord	$1,234.69

Claims and awards for application 4676469 — net $1,234.69 NZD. Verify on MoJ.

Rent arrears to 18 October 2023

Amount: $998.57
Awarded to: Landlord
Reason: 5. The amounts claimed by the landlord for rent arrears and water rates arrears are proven.

Water rates to 18 October 2023

Amount: $215.68
Awarded to: Landlord
Reason: Water rates to 18 October 2023

Filing fee reimbursement

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

Net award

Landlord $1,234.69

Total payable by Tenant to Landlord

Landlord $1,234.69

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Chevy Hape and Judah Hapurona must pay Rentals.Co.Nz Limited t/as Rental Experts $1,234.69 immediately, calculated as shown in table below.
The tenants’ application is dismissed.

Reasons

The adjournment orders dated 6 November 2023 and 14 December 2023 set out the background to the applications.
The third hearing took place on 16 February 2024.
The tenants’ bank provided details of the account that the payment of $830.00 on 4 August 2020 was made into. It was not paid into the landlord’s account.
There are no proven inaccuracies or discrepancies in the landlord’s rent record or in the ledger of water invoices and water payments.
The amounts claimed by the landlord for rent arrears and water rates arrears are proven.
The tenants’ application raised issues relating to: a. Draughts around windows causing cold and dampness. b. Smoke alarms going off.
There is no evidence of the tenants raising any complaints about draughts around windows before 2023. Ms Inglis submitted that no complaints were raised with her, and there is nothing noted on her inspection reports.
The owners were at the property reasonably regularly, and I was provided with numerous emails showing that the owners responded quicky and proactively to property issues. I accept that the owners would have carried out the relatively simple and inexpensive work of putting insulation foam in the window frames if they had been informed of this problem early in the tenancy.
Therefore I find that it is not proven that the landlord failed to meet its maintenance obligation in terms of the draughts.
The landlord has a contract with a service provider to inspect the smoke alarms annually. Again, this is not an instance of a landlord failing to attend to their maintenance obligation.
There is no basis for an award of compensation or exemplary damages in respect of these issues.
Therefore the tenants’ application must be dismissed.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4676469 — Rent arrears at 8 Holmes Avenue, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 4676469 — Rent arrears at 8 Holmes Avenue, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions