What was the outcome of Tenancy Tribunal case 4759378?

The tribunal order states: By declaration, the sole tenant under the tenancy agreement for the premises at

How much money was awarded in case 4759378?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,420.00 awarded to landlord

What type of tenancy dispute was case 4759378?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4759378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112492-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4759378?

The tribunal order states: By declaration, the sole tenant under the tenancy agreement for the premises at

How much money was awarded in case 4759378?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,420.00 awarded to landlord

What type of tenancy dispute was case 4759378?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4759378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112492-Tenancy_Tribunal_Order.pdf.

52 Ilam Road, Upper Riccarton, Christchurch 8041 Tenancy Tribunal Case 4759378 — Rent arrears

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52 Ilam Road, Upper Riccarton, Christchurch 8041 Tenancy Tribunal Case 4759378 — 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 4759378 — net $12,440.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22 March 2023	$12,420.00	Rent arrears (to 22 March 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,440.44
Total payable by Tenant to Landlord	$12,440.44

Claims and awards for application 4759378 — net $12,440.44 NZD. Verify on MoJ.

Rent arrears (to 22 March 2023

Amount: $12,420.00
Awarded to: Landlord
Reason: Rent arrears (to 22 March 2023

Filing fee reimbursement

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

Net award

Landlord $12,440.44

Total payable by Tenant to Landlord

Landlord $12,440.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

By declaration, the sole tenant under the tenancy agreement for the premises at 52 Ilam Rd, dated 12 September 2023 is Sinead O’Connor.
Sinead O'Connor must pay My Rental Specialists Limited As Agent For JJAV Family Trust $12,440.44 immediately, as shown in the table below: DescriptionLandlord Rent arrears (to 22 March 2023)$12,420.00 Filing fee reimbursement$20.44 Total award$12,440.44 Total payable by Tenant to Landlord$12,440.44

Reasons

Both parties attended the hearing, Ms O’Connor attend by telephone. The landlord was represented by Ms Paige and Ms Liu.
This tenancy was negotiated by the owner of the premises, as landlord. My Rental Specialists has recently been engaged as property manager.
Before this tenancy commenced, Ms O’Connor was a joint tenant with others at the premises. From 5 November 2023 a new tenancy started.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
Ms O’Connor claims that she has not been able to pay the rent because WINZ have not accepted the written tenancy agreement signed on 12 September 2023. She says that is because her minor daughters are also named as tenants. For the avoidance of doubt, I declare that Ms O’Connor is solely liable under that agreement.
Ms O’Connor said that she should not be liable for rent under the agreement, at all, until the Tribunal has determined the landlord’s claims. That is not correct. While the agreement incorrectly records Ms O’Connor’s daughters as tenants, that does not nullify the entire agreement or allow her to avoid liability for rent. She has not made any payments towards rent since November 2023.
A tenant cannot stop paying rent because they claim to have concerns about the landlord or the condition of the property. Ms O’Connor said that she has claims to make against the landlord but has not had capacity to submit a cross- application. Unfortunately, that means that I cannot consider any liability of the landlord or any set off against the rent claimed. I also note that this application was first lodged in December 2023; Ms O’Connor has had more than 3 months to make a cross-application.
The landlord has not applied for termination of the tenancy but may well do so given the amount of the arrears which have accrued. If such an application had been before me, I would have been required to make a final or conditional termination order. See s55 Residential Tenancies Act 1986. I have noted this, to give Ms O’Connor an opportunity to prioritise resolving the rent arrears and so there can be no confusion over the likely consequence if she fails to do so.
As the landlord was successful, I have awarded reimbursement of the Tribunal 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 4759378 — net $12,440.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22 March 2023	$12,420.00	Rent arrears (to 22 March 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,440.44
Total payable by Tenant to Landlord	$12,440.44

Claims and awards for application 4759378 — net $12,440.44 NZD. Verify on MoJ.

Rent arrears (to 22 March 2023

Amount: $12,420.00
Awarded to: Landlord
Reason: Rent arrears (to 22 March 2023

Filing fee reimbursement

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

Net award

Landlord $12,440.44

Total payable by Tenant to Landlord

Landlord $12,440.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

By declaration, the sole tenant under the tenancy agreement for the premises at 52 Ilam Rd, dated 12 September 2023 is Sinead O’Connor.
Sinead O'Connor must pay My Rental Specialists Limited As Agent For JJAV Family Trust $12,440.44 immediately, as shown in the table below: DescriptionLandlord Rent arrears (to 22 March 2023)$12,420.00 Filing fee reimbursement$20.44 Total award$12,440.44 Total payable by Tenant to Landlord$12,440.44

Reasons

Both parties attended the hearing, Ms O’Connor attend by telephone. The landlord was represented by Ms Paige and Ms Liu.
This tenancy was negotiated by the owner of the premises, as landlord. My Rental Specialists has recently been engaged as property manager.
Before this tenancy commenced, Ms O’Connor was a joint tenant with others at the premises. From 5 November 2023 a new tenancy started.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
Ms O’Connor claims that she has not been able to pay the rent because WINZ have not accepted the written tenancy agreement signed on 12 September 2023. She says that is because her minor daughters are also named as tenants. For the avoidance of doubt, I declare that Ms O’Connor is solely liable under that agreement.
Ms O’Connor said that she should not be liable for rent under the agreement, at all, until the Tribunal has determined the landlord’s claims. That is not correct. While the agreement incorrectly records Ms O’Connor’s daughters as tenants, that does not nullify the entire agreement or allow her to avoid liability for rent. She has not made any payments towards rent since November 2023.
A tenant cannot stop paying rent because they claim to have concerns about the landlord or the condition of the property. Ms O’Connor said that she has claims to make against the landlord but has not had capacity to submit a cross- application. Unfortunately, that means that I cannot consider any liability of the landlord or any set off against the rent claimed. I also note that this application was first lodged in December 2023; Ms O’Connor has had more than 3 months to make a cross-application.
The landlord has not applied for termination of the tenancy but may well do so given the amount of the arrears which have accrued. If such an application had been before me, I would have been required to make a final or conditional termination order. See s55 Residential Tenancies Act 1986. I have noted this, to give Ms O’Connor an opportunity to prioritise resolving the rent arrears and so there can be no confusion over the likely consequence if she fails to do so.
As the landlord was successful, I have awarded reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4759378 — Rent arrears at 52 Ilam Road, Upper Riccarton, Christchurch 8041

At a glance

Tenancy Tribunal case 4759378 — Rent arrears at 52 Ilam Road, Upper Riccarton, Christchurch 8041

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