What was the outcome of Tenancy Tribunal case 4750128?

The tribunal order states: Malesha Hill and Cody Leishman must pay The Rent Shop Limited As Agent

How much money was awarded in case 4750128?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,192.86 awarded to landlord

What type of tenancy dispute was case 4750128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4750128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9846943-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4750128?

The tribunal order states: Malesha Hill and Cody Leishman must pay The Rent Shop Limited As Agent

How much money was awarded in case 4750128?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,192.86 awarded to landlord

What type of tenancy dispute was case 4750128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4750128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9846943-Tenancy_Tribunal_Order.pdf.

113 Poplar Grove, Whalers Gate, New Plymouth 4310 Tenancy Tribunal Case 4750128 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

113 Poplar Grove, Whalers Gate, New Plymouth 4310 Tenancy Tribunal Case 4750128 — 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 4750128 — net $3,013.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,192.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,013.30
Total payable by Tenant to Landlord	$3,013.30

Claims and awards for application 4750128 — net $3,013.30 NZD. Verify on MoJ.

Rent arrears

Amount: $5,192.86
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $3,013.30

Total payable by Tenant to Landlord

Landlord $3,013.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Malesha Hill and Cody Leishman must pay The Rent Shop Limited As Agent For Kelly Rawcliffe $3,013.30 immediately, calculated as shown in table below.
All other applications are dismissed.

Reasons

Both parties attended this remote hearing.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord application for termination of the tenancy is dismissed as the tenancy has ended.

How much is owed for rent?

The tenancy ended on 9 January 2024. The landlord provided rent records and which show the amount owing at the end of the tenancy was $5,192.86.
The tenant accepted that the rent was in arrears in the sum of $1,850.00 on 1 December 2023. The tenant accepted that no rent payments had been made by her between 6 November 2023 and the end of the tenancy. Despite accepting those matters, the tenant did not accept the final sum in rent arrears shown in the rent summary.
The tenant said that she wanted to have the hearing adjourned so that she could obtain further evidence in support of her claim. The tenant has had sufficient notice of the hearing to collate any documents required. The Tribunal is required to deal with matters expeditiously. The application to have the matter adjourned is dismissed.
The tenant further indicated that she had a claim against the landlord that she wished to have heard. I explained that she was certainly entitled to file an application with the Tribunal to have any further claims considered, but that as she had not done so at the date of this hearing, the Tribunal was only able to consider the claims before it.
I consider that it is more likely than not that the rent summary provided by the landlord is correct and the tenant is ordered to pay rent arrears of $5,192.86.
The tenant has applied for name suppression. Under Section 95A(1) RTA suppression order must be granted if on the application of a party that has wholly or substantially succeeded in proceedings.
In the present case, the tenant was not wholly or substantially successful.
I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest under Section 95A(4) RTA.
I am mindful that open justice is a fundamental principle in our legal system. The issue here I need to consider is whether suppressing the tenant’s name and identifying details outweigh the interest of the open justice reporting principle.
In my view, the application for name suppression and identifying details ought to be declined for the following reasons: a. It is common for parties appearing before the Tribunal to seek suppression orders. But that is not of itself a sufficient reason to make the order. b. The disputes before me are not unusual or other than the ordinary business of the Tribunal. c. The open justice principle requires the outcome of adjudication to be available to the public; and d. Weighing up the interests of the landlord and the public interest, the public interest outweighs the tenant’s interests.
Accordingly, no order is made for suppression of the tenant’s name and identifying details.
As The Rent Shop Limited As Agent For Kelly Rawcliffe has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

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 4750128 — net $3,013.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,192.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,013.30
Total payable by Tenant to Landlord	$3,013.30

Claims and awards for application 4750128 — net $3,013.30 NZD. Verify on MoJ.

Rent arrears

Amount: $5,192.86
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $3,013.30

Total payable by Tenant to Landlord

Landlord $3,013.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Malesha Hill and Cody Leishman must pay The Rent Shop Limited As Agent For Kelly Rawcliffe $3,013.30 immediately, calculated as shown in table below.
All other applications are dismissed.

Reasons

Both parties attended this remote hearing.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord application for termination of the tenancy is dismissed as the tenancy has ended.

How much is owed for rent?

The tenancy ended on 9 January 2024. The landlord provided rent records and which show the amount owing at the end of the tenancy was $5,192.86.
The tenant accepted that the rent was in arrears in the sum of $1,850.00 on 1 December 2023. The tenant accepted that no rent payments had been made by her between 6 November 2023 and the end of the tenancy. Despite accepting those matters, the tenant did not accept the final sum in rent arrears shown in the rent summary.
The tenant said that she wanted to have the hearing adjourned so that she could obtain further evidence in support of her claim. The tenant has had sufficient notice of the hearing to collate any documents required. The Tribunal is required to deal with matters expeditiously. The application to have the matter adjourned is dismissed.
The tenant further indicated that she had a claim against the landlord that she wished to have heard. I explained that she was certainly entitled to file an application with the Tribunal to have any further claims considered, but that as she had not done so at the date of this hearing, the Tribunal was only able to consider the claims before it.
I consider that it is more likely than not that the rent summary provided by the landlord is correct and the tenant is ordered to pay rent arrears of $5,192.86.
The tenant has applied for name suppression. Under Section 95A(1) RTA suppression order must be granted if on the application of a party that has wholly or substantially succeeded in proceedings.
In the present case, the tenant was not wholly or substantially successful.
I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest under Section 95A(4) RTA.
I am mindful that open justice is a fundamental principle in our legal system. The issue here I need to consider is whether suppressing the tenant’s name and identifying details outweigh the interest of the open justice reporting principle.
In my view, the application for name suppression and identifying details ought to be declined for the following reasons: a. It is common for parties appearing before the Tribunal to seek suppression orders. But that is not of itself a sufficient reason to make the order. b. The disputes before me are not unusual or other than the ordinary business of the Tribunal. c. The open justice principle requires the outcome of adjudication to be available to the public; and d. Weighing up the interests of the landlord and the public interest, the public interest outweighs the tenant’s interests.
Accordingly, no order is made for suppression of the tenant’s name and identifying details.
As The Rent Shop Limited As Agent For Kelly Rawcliffe has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4750128 — Rent arrears at 113 Poplar Grove, Whalers Gate, New Plymouth 4310

At a glance

Tenancy Tribunal case 4750128 — Rent arrears at 113 Poplar Grove, Whalers Gate, New Plymouth 4310

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions