What was the outcome of Tenancy Tribunal case 4676610?

The tribunal order states: Alex Mathewson must pay Yvonne Lorraine Sim, Lance Anthony Wairama and

How much money was awarded in case 4676610?

Filing Fee: $20.44 awarded to landlord; Property Damage: $268.00 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord

What type of tenancy dispute was case 4676610?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4676610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9674674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4676610?

The tribunal order states: Alex Mathewson must pay Yvonne Lorraine Sim, Lance Anthony Wairama and

How much money was awarded in case 4676610?

Filing Fee: $20.44 awarded to landlord; Property Damage: $268.00 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord

What type of tenancy dispute was case 4676610?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4676610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9674674-Tenancy_Tribunal_Order.pdf.

903 Anson Street, Mayfair, Hastings 4122 Tenancy Tribunal Case 4676610 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4676610 — net $4,988.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 October 2023	$4,700.00	Rent arrears to 1 October 2023
Lock/key replacement	$268.00	Lock/key replacement
Filing fee reimbursement	$20.44	15. The cost of changing the locks is proven.
Net award	$4,988.44
Total payable by Tenant to Landlord	$4,988.44

Both parties attended the hearing.

The tenancy involves a friendship which has sadly deteriorated resulting in an earlier Tribunal decision whereby the parties agreed that the tenant would vacate the premises on 1 October 2023. The landlord has applied for rent arrears, compensation for changing the locks and reimbursement of the filing fee following the end of the tenancy.

A party who brings a claim to the Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

It is not necessary or practical to repeat all the oral testimony and other evidence presented in this order, but the parties should know that it has been carefully considered.

The tenant submitted that because he had no fixed abode, he had not received any of the landlord’s evidence in advance of the hearing. The key documentary evidence in this case involved a rent summary and notices of rent increases which were printed and provided to the tenant during the hearing. Parties are not required to file evidence and submissions in advance. All that is required is for the parties to have a general understanding of the other parties’ case. 1 I note that the issue of rent arrears was also raised at the end of the prior Tribunal hearing in which Adjudicator Watson noted the following: A question of unpaid rent came up. ... The tenant understands that rent will need to be paid up until the tenancy is terminated. The tenant will re-commence payment of rent.

How much is owed for rent?

The tenancy ended on 1 October 2023. The landlord provided a detailed rent summary from 29 October 2014 through to the end of the tenancy using the Tenancy Services template. The rent summary notes the period of rent, amount due, amount paid and a running total of rent arrears. The tenant was in arrears for the majority of the tenancy but had paid most of the arrears off by March 2023. Shortly thereafter, the relationship between the parties deteriorated and the rent arrears began to increase with prolonged period where the tenant simply did not pay any rent. 1 Lwee v Tenancy Tribunal [2013] NZHC 1602

The crux of the tenant’s claim regarding the rent arrears is that he believes that the rent did not increase on the three occasions the landlord claims that it did, therefore the rent arrears should be less than what the landlord alleges. The tenant did acknowledge not paying rent at all for the remaining eight weeks of the tenancy.

The landlord provided copies of all three rent increases: a. Letter dated 7 March 2020 increasing the rent to $315.00 from 27 March 2020 (delivered by hand to the tenant). b. Letter dated 30 April 2021 increasing the rent to $350.00 from 7 July 2021 (delivered to the letterbox). c. Letter dated 20 April 2022 increasing the rent to $380.00 from 7 July 2022 (delivered to the letterbox).

The tenant claims to have only received one or two of the three rent increase notices. However, the tenant was not certain and stated he could not remember receiving the notices.

In considering the evidence, I find the landlord’s rent summary proves the amount outstanding. I find that the notices of rent increase are valid notices and have been delivered in accordance with clause 136 of the RTA. The tenant did not provide any evidence to show that the rent had not increased in accordance with the rent summary.

The rent arrears are awarded.

Did the tenant comply with their obligations at the end of the tenancy?

During the tenancy the tenant changed the locks, and the tenant placed a further lock on the door. At the time, the tenant did not supply the landlord with a new set of keys

At the end of the tenancy the tenant must return all keys provided for their benefit. See section 40(1)(e)(iv) RTA. Furthermore, section 46(2) RTA states that neither the landlord nor the tenant may change the locks on the property during the tenancy, without the consent of the other.

The landlord claims the cost of replacing the locks on the premises as the tenant had not returned all keys. A locksmith invoice was provided.

The cost of changing the locks is proven. Filing fee

Because Yvonne Lorraine Sim, Lance Anthony Wairama and Mark Kevin Watkins as trustees of the Lazy Family Trust has wholly succeeded with the claim I must reimburse the filing fee. T Lee-Lewis 24 November 2023

Claims and awards in Tenancy Tribunal application 4676610 — net $4,988.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 October 2023	$4,700.00	Rent arrears to 1 October 2023
Lock/key replacement	$268.00	Lock/key replacement
Filing fee reimbursement	$20.44	15. The cost of changing the locks is proven.
Net award	$4,988.44
Total payable by Tenant to Landlord	$4,988.44

Order

Alex Mathewson must pay Yvonne Lorraine Sim, Lance Anthony Wairama and Mark Kevin Watkins as trustees of the Lazy Family Trust $4,988.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenancy involves a friendship which has sadly deteriorated resulting in an earlier Tribunal decision whereby the parties agreed that the tenant would vacate the premises on 1 October 2023. The landlord has applied for rent arrears, compensation for changing the locks and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).
It is not necessary or practical to repeat all the oral testimony and other evidence presented in this order, but the parties should know that it has been carefully considered.
The tenant submitted that because he had no fixed abode, he had not received any of the landlord’s evidence in advance of the hearing. The key documentary evidence in this case involved a rent summary and notices of rent increases which were printed and provided to the tenant during the hearing. Parties are not required to file evidence and submissions in advance. All that is required is for the parties to have a general understanding of the other parties’ case. 1 I note that the issue of rent arrears was also raised at the end of the prior Tribunal hearing in which Adjudicator Watson noted the following: A question of unpaid rent came up. ... The tenant understands that rent will need to be paid up until the tenancy is terminated. The tenant will re-commence payment of rent.

How much is owed for rent?

The tenancy ended on 1 October 2023. The landlord provided a detailed rent summary from 29 October 2014 through to the end of the tenancy using the Tenancy Services template. The rent summary notes the period of rent, amount due, amount paid and a running total of rent arrears. The tenant was in arrears for the majority of the tenancy but had paid most of the arrears off by March 2023. Shortly thereafter, the relationship between the parties deteriorated and the rent arrears began to increase with prolonged period where the tenant simply did not pay any rent. 1 Lwee v Tenancy Tribunal [2013] NZHC 1602
The crux of the tenant’s claim regarding the rent arrears is that he believes that the rent did not increase on the three occasions the landlord claims that it did, therefore the rent arrears should be less than what the landlord alleges. The tenant did acknowledge not paying rent at all for the remaining eight weeks of the tenancy.
The landlord provided copies of all three rent increases: a. Letter dated 7 March 2020 increasing the rent to $315.00 from 27 March 2020 (delivered by hand to the tenant). b. Letter dated 30 April 2021 increasing the rent to $350.00 from 7 July 2021 (delivered to the letterbox). c. Letter dated 20 April 2022 increasing the rent to $380.00 from 7 July 2022 (delivered to the letterbox).
The tenant claims to have only received one or two of the three rent increase notices. However, the tenant was not certain and stated he could not remember receiving the notices.
In considering the evidence, I find the landlord’s rent summary proves the amount outstanding. I find that the notices of rent increase are valid notices and have been delivered in accordance with clause 136 of the RTA. The tenant did not provide any evidence to show that the rent had not increased in accordance with the rent summary.
The rent arrears are awarded.

Did the tenant comply with their obligations at the end of the tenancy?

During the tenancy the tenant changed the locks, and the tenant placed a further lock on the door. At the time, the tenant did not supply the landlord with a new set of keys
At the end of the tenancy the tenant must return all keys provided for their benefit. See section 40(1)(e)(iv) RTA. Furthermore, section 46(2) RTA states that neither the landlord nor the tenant may change the locks on the property during the tenancy, without the consent of the other.
The landlord claims the cost of replacing the locks on the premises as the tenant had not returned all keys. A locksmith invoice was provided.
The cost of changing the locks is proven. Filing fee
Because Yvonne Lorraine Sim, Lance Anthony Wairama and Mark Kevin Watkins as trustees of the Lazy Family Trust has wholly succeeded with the claim I must reimburse the filing fee. T Lee-Lewis 24 November 2023

Tenancy Tribunal case 4676610 — Rent arrears at 903 Anson Street, Mayfair, Hastings 4122

At a glance

Tenancy Tribunal case 4676610 — Rent arrears at 903 Anson Street, Mayfair, Hastings 4122

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions