What was the outcome of Tenancy Tribunal case 4779761?

The tribunal order states: Maree Patrick must pay John Edward Bentley & Trainor Maclean as Trustees

How much money was awarded in case 4779761?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,872.74 awarded to landlord

What type of tenancy dispute was case 4779761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4779761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112165-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4779761?

The tribunal order states: Maree Patrick must pay John Edward Bentley & Trainor Maclean as Trustees

How much money was awarded in case 4779761?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,872.74 awarded to landlord

What type of tenancy dispute was case 4779761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4779761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112165-Tenancy_Tribunal_Order.pdf.

47 Waipapa Avenue, Diamond Harbour 8972 Tenancy Tribunal Case 4779761 — Rent arrears

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47 Waipapa Avenue, Diamond Harbour 8972 Tenancy Tribunal Case 4779761 — 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 4779761 — net $3,893.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 February 2024	$3,872.74	Rent arrears to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,893.18
Total payable by Tenant to Landlord	$3,893.18

Claims and awards for application 4779761 — net $3,893.18 NZD. Verify on MoJ.

Rent arrears to 29 February 2024

Amount: $3,872.74
Awarded to: Landlord
Reason: Rent arrears to 29 February 2024

Filing fee reimbursement

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

Net award

Landlord $3,893.18

Total payable by Tenant to Landlord

Landlord $3,893.18

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Maree Patrick must pay John Edward Bentley & Trainor Maclean as Trustees for The Bentley Family Trust $3,893.18 immediately calculated as shown in the table below.

Reasons

This order follows a hearing on 1 March and my order terminating tenancy and making directions in relation the issue of rent arrears.
The tenant has provided details of the rent credits she claims to be entitled to and the landlord has responded to those claims and provided a full rent statement. The tenant has not responded to the rent statement as directed.
The difference between the parties is at least $4,000. I cannot be more precise because the tenant claims credit for payments she has made for work on the premises without itemising them. The landlord has given a credit in the sum of $190.80 for a plumbing bill that the tenant paid.
The tenant faces two obvious difficulties, namely she has not been able to provide any hard evidence to support her claims and she has not responded to the landlord’s rent statement.
When there is a dispute involving rent, and the parties agree on the rent that is contractually payable, as they do here, the onus is on the tenant to establish that either the rent has been paid or that they are not liable to pay the rent for some reason. The tenant has not been able to do that.
As well, tenant’s claims for rent credits are, in most instances, weak. For example, • I would not expect a landlord to credit rent in full because the shower was not working. • Because the landlord has given a rent credit at Christmas does not oblige the landlord to do so in subsequent years. • There is no reason for a landlord to give a rent credit because the tenant is unwell. The tenant also paid rent in full at that time.
I find therefore that the landlord’s rent statement is accurate, and I have made an order requiring the tenant to pay the arrears shown in that statement.
The parties have not agreed on a payment arrangement and so I can make no order in that respect. If the parties cannot agree, the landlord can enforce the order and the tenant can apply to the District Court for a time for payment order.
The landlord has succeeded and so the tenant must pay 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 4779761 — net $3,893.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 February 2024	$3,872.74	Rent arrears to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,893.18
Total payable by Tenant to Landlord	$3,893.18

Claims and awards for application 4779761 — net $3,893.18 NZD. Verify on MoJ.

Rent arrears to 29 February 2024

Amount: $3,872.74
Awarded to: Landlord
Reason: Rent arrears to 29 February 2024

Filing fee reimbursement

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

Net award

Landlord $3,893.18

Total payable by Tenant to Landlord

Landlord $3,893.18

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Maree Patrick must pay John Edward Bentley & Trainor Maclean as Trustees for The Bentley Family Trust $3,893.18 immediately calculated as shown in the table below.

Reasons

This order follows a hearing on 1 March and my order terminating tenancy and making directions in relation the issue of rent arrears.
The tenant has provided details of the rent credits she claims to be entitled to and the landlord has responded to those claims and provided a full rent statement. The tenant has not responded to the rent statement as directed.
The difference between the parties is at least $4,000. I cannot be more precise because the tenant claims credit for payments she has made for work on the premises without itemising them. The landlord has given a credit in the sum of $190.80 for a plumbing bill that the tenant paid.
The tenant faces two obvious difficulties, namely she has not been able to provide any hard evidence to support her claims and she has not responded to the landlord’s rent statement.
When there is a dispute involving rent, and the parties agree on the rent that is contractually payable, as they do here, the onus is on the tenant to establish that either the rent has been paid or that they are not liable to pay the rent for some reason. The tenant has not been able to do that.
As well, tenant’s claims for rent credits are, in most instances, weak. For example, • I would not expect a landlord to credit rent in full because the shower was not working. • Because the landlord has given a rent credit at Christmas does not oblige the landlord to do so in subsequent years. • There is no reason for a landlord to give a rent credit because the tenant is unwell. The tenant also paid rent in full at that time.
I find therefore that the landlord’s rent statement is accurate, and I have made an order requiring the tenant to pay the arrears shown in that statement.
The parties have not agreed on a payment arrangement and so I can make no order in that respect. If the parties cannot agree, the landlord can enforce the order and the tenant can apply to the District Court for a time for payment order.
The landlord has succeeded and so the tenant must pay the filing fee.

Tenancy Tribunal case 4779761 — Rent arrears at 47 Waipapa Avenue, Diamond Harbour 8972

At a glance

Tenancy Tribunal case 4779761 — Rent arrears at 47 Waipapa Avenue, Diamond Harbour 8972

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