What was the outcome of Tenancy Tribunal case 4804348?

The tribunal order states: The tenancy of Jemima Pihama at 24 Chiefs Court, Hamilton East, Hamilton

How much money was awarded in case 4804348?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804348?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4804348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195755-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804348?

The tribunal order states: The tenancy of Jemima Pihama at 24 Chiefs Court, Hamilton East, Hamilton

How much money was awarded in case 4804348?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804348?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4804348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195755-Tenancy_Tribunal_Order.pdf.

24 Chiefs Court, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4804348 — Rent arrears

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Order

The tenancy of Jemima Pihama at 24 Chiefs Court, Hamilton East, Hamilton 3216 is terminated, and possession is granted to Rebecca De Mannette Hannah As Trustee Of The Rebecca Hannah Trust, at 11:59 pm on Thursday 18 April 2024.

Jemima Pihama must pay Rebecca De Mannette Hannah As Trustee Of The Rebecca Hannah Trust $20.44 immediately, being reimbursement of the filing fee.

The claim for rent arrears is dismissed.

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided a rent summary that went to 4 April 2024, a week before the hearing. No rent summary was provided that went up to the hearing date of 11 April 2024.

Ms Hannah, the landlord, explained there had been an arrangement that Ms Pihama was to pay half the weekly rent and WINZ would pay the other half of weekly rent on the tenant’s behalf. She said there is rent arrears of $21,600.00 owing to 4 April 2024, largely due to WINZ continuing their weekly payments and Ms Pihama not paying her share of weekly rent. Whilst the rent summary provided had a column for rent arrears, this column only contained the amounts not paid in rent due for a particular week, rather than a cumulative rent arrears balance, which is usually provided, and which is set out in the Tenancy Services template for a rent summary (with which Ms Hannah had been provided). Ms Hannah had totalled the missing payments at the bottom of the rent summary at $21,600.00. Ms Pihama said she thought it possible she owed that much and was not sure whether she had made any rent payments since 4 April 2024. Ms Hannah said she did not recall Ms Pihama making any rent payments since 4 April 2024 but thought that WINZ would have made a rent payment on the tenant’s behalf likely since 4 April 2024. From this evidence, it appears that the rent summary provided to 4 April 2024 likely does not contain the full picture to include any payments made towards rent since 4 April 2024. As such, I am unable to rely on the rent summary provided to make any order as to rent arrears as there is insufficient evidence to prove the exact amount of rent owing to the hearing date. Therefore, the landlord’s claim for rent arrears is dismissed.

Because Rebecca De Mannette Hannah As Trustee Of The Rebecca Hannah Trust has been partly successful with the claim I must reimburse the filing fee.

Order

Jemima Pihama must pay Rebecca De Mannette Hannah As Trustee Of The Rebecca Hannah Trust $20.44 immediately, being reimbursement of the filing fee.

The claim for rent arrears is dismissed.

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the application fee.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided a rent summary that went to 4 April 2024, a week before the hearing. No rent summary was provided that went up to the hearing date of 11 April 2024.

Because Rebecca De Mannette Hannah As Trustee Of The Rebecca Hannah Trust has been partly successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4804348 — Rent arrears at 24 Chiefs Court, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4804348 — Rent arrears at 24 Chiefs Court, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions