What was the outcome of Tenancy Tribunal case 4764298?

The tribunal order states: The tenancy of Michael Pearce at 493 Speargrass Flat Road, Lake Hayes,

How much money was awarded in case 4764298?

Electricity: $423.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $16,285.71 awarded to landlord

What type of tenancy dispute was case 4764298?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4764298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9853854-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4764298?

The tribunal order states: The tenancy of Michael Pearce at 493 Speargrass Flat Road, Lake Hayes,

How much money was awarded in case 4764298?

Electricity: $423.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $16,285.71 awarded to landlord

What type of tenancy dispute was case 4764298?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4764298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9853854-Tenancy_Tribunal_Order.pdf.

493 Speargrass Flat Road, Lake Hayes, Queenstown 9371 Tenancy Tribunal Case 4764298 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4764298 — net $16,730.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,285.71	Rent arrears
Electricity	$423.99	Electricity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,730.14
Total payable by Tenant to Landlord	$16,730.14

The tenancy of Michael Pearce at 493 Speargrass Flat Road, Lake Hayes, Queenstown 9371 is terminated, and possession is granted to Zsuzsanna Judith Bognar, at 11.59 am on Friday 26 January 2024.

Michael Pearce must pay Zsuzsanna Judith Bognar $16,730.14 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing on 18 January 2024.The parties attended by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and electricity arrears.

Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may terminate a tenancy where rent arrears are the equivalent of 21 days or more on the date that the application is filed with the Tribunal. This application was filed on 13 December 2023.The rent arrears on that date were $4,285.71. The weekly rent is $2,000.00. The rent was not 21 days or more in arrears on 13 December 2023 and this part of the landlord application is dismissed.

Section 56 RTA provides that a landlord may apply to terminate a tenancy where the landlord has given the tenant a 14-day notice requiring the tenant to remedy the tenant’s default and the tenant does not comply with the notice.

A notice under s.56 RTA was served on the tenant. The notice is dated 13 December 2023 and required the tenant to pay rent arrears of $4,000.00 by 28 December 2023 and any other rent which fell due during that period. The tenant did not make any payments.

Section 56(2) RTA provides that where an application has been made to the Tribunal under s.56 RTA and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under s.55 RTA, the Tribunal shall determine the matter as if an application had been made under that section.

The rent arrears on the date of this hearing amount to $14,285.71, which is more than 21 days in arrears. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.

The tenant says that he and his family have recently returned to New Zealand from the UK. He says that funds to pay the rent have been blocked as a result of the anti-money laundering regime in the UK. No supporting evidence has been provided to either the landlord or the Tribunal.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records and electricity records which prove the amount owing at the end of the tenancy for rent will be $16,285.71 and electricity charges to the last reading on 31 December 2023 are $423.99.

As Zsuzsanna Judith Bognar has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

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.

Claims and awards in Tenancy Tribunal application 4764298 — net $16,730.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,285.71	Rent arrears
Electricity	$423.99	Electricity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,730.14
Total payable by Tenant to Landlord	$16,730.14

Order

The tenancy of Michael Pearce at 493 Speargrass Flat Road, Lake Hayes, Queenstown 9371 is terminated, and possession is granted to Zsuzsanna Judith Bognar, at 11.59 am on Friday 26 January 2024.
Michael Pearce must pay Zsuzsanna Judith Bognar $16,730.14 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing on 18 January 2024.The parties attended by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and electricity arrears.
Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may terminate a tenancy where rent arrears are the equivalent of 21 days or more on the date that the application is filed with the Tribunal. This application was filed on 13 December 2023.The rent arrears on that date were $4,285.71. The weekly rent is $2,000.00. The rent was not 21 days or more in arrears on 13 December 2023 and this part of the landlord application is dismissed.
Section 56 RTA provides that a landlord may apply to terminate a tenancy where the landlord has given the tenant a 14-day notice requiring the tenant to remedy the tenant’s default and the tenant does not comply with the notice.
A notice under s.56 RTA was served on the tenant. The notice is dated 13 December 2023 and required the tenant to pay rent arrears of $4,000.00 by 28 December 2023 and any other rent which fell due during that period. The tenant did not make any payments.
Section 56(2) RTA provides that where an application has been made to the Tribunal under s.56 RTA and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under s.55 RTA, the Tribunal shall determine the matter as if an application had been made under that section.
The rent arrears on the date of this hearing amount to $14,285.71, which is more than 21 days in arrears. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.
The tenant says that he and his family have recently returned to New Zealand from the UK. He says that funds to pay the rent have been blocked as a result of the anti-money laundering regime in the UK. No supporting evidence has been provided to either the landlord or the Tribunal.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records and electricity records which prove the amount owing at the end of the tenancy for rent will be $16,285.71 and electricity charges to the last reading on 31 December 2023 are $423.99.
As Zsuzsanna Judith Bognar has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
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.

Tenancy Tribunal case 4764298 — Rent arrears at 493 Speargrass Flat Road, Lake Hayes, Queenstown 9371

At a glance

Tenancy Tribunal case 4764298 — Rent arrears at 493 Speargrass Flat Road, Lake Hayes, Queenstown 9371

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions