What was the outcome of Tenancy Tribunal case 4812219?

The tribunal order states: Amy Campbell must pay Churchill Investments 2018 Limited $991.87

How much money was awarded in case 4812219?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,371.43 awarded to landlord

What type of tenancy dispute was case 4812219?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4812219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10243457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4812219?

The tribunal order states: Amy Campbell must pay Churchill Investments 2018 Limited $991.87

How much money was awarded in case 4812219?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,371.43 awarded to landlord

What type of tenancy dispute was case 4812219?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4812219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10243457-Tenancy_Tribunal_Order.pdf.

5 Blenheim Place, Judea, Tauranga 3110 Tenancy Tribunal Case 4812219 — Rent arrears

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5 Blenheim Place, Judea, Tauranga 3110 Tenancy Tribunal Case 4812219 — 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 4812219 — net $991.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.3.2024	$4,371.43	Rent arrears to 16.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$991.87
Total payable by Tenant to Landlord	$991.87

Claims and awards for application 4812219 — net $991.87 NZD. Verify on MoJ.

Rent arrears to 16.3.2024

Amount: $4,371.43
Awarded to: Landlord
Reason: Rent arrears to 16.3.2024

Filing fee reimbursement

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

Net award

Landlord $991.87

Total payable by Tenant to Landlord

Landlord $991.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Amy Campbell must pay Churchill Investments 2018 Limited $991.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,400.00 (6454676-004) to Churchill Investments 2018 Limited immediately.

Reasons

Both parties attended the hearing by teleconference, with Mr Lietze representing the landlord.
This was a fixed term tenancy which started on 29 April 2023 and was to end on 29 April 2024. The landlord agreed to end the tenancy early, as requested by the tenant, Ms Campbell. The tenancy ended on 16 March 2024.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing at the end of the tenancy.
Ms Campbell says that she has a counterclaim against the landlord for compensation that will offset the arrears owed. She wanted the Tribunal to consider this claim today. Both parties provided information regarding the tenant’s concerns, which form the basis of a counterclaim, and which they had discussed in the final months of the tenancy. However, the landlord has advised the tenant that they firmly reject the claim since the issue was raised.
As discussed at the hearing, if a tenant has a claim against the landlord, they are not entitled to withhold rent unless the landlord agrees. In the absence of reaching agreement with the landlord about any claim for compensation/rent reduction, the tenant’s remedy is to file an application in the Tenancy Tribunal setting out their claim against the landlord for determination. However, the tenant in those circumstances is still obliged to continue paying rent until the Tribunal determines the matter.
The tenant has not filed a cross application detailing her claim against the landlord (i.e. articulating the alleged breaches of the Residential Tenancies Act 1986) and the remedies she seeks from the landlord. The Tribunal can only hear matters that are set out in applications before it because it is important that parties coming to the Tribunal are fully and fairly informed of the claims against them. This must be done by way of filing an application.
The issue to decide is whether it is fair and reasonable to adjourn this hearing so that the tenant can file a cross application against the landlord and so that both claims are heard at the same time. I am not persuaded that it is fair and reasonable to do so in this case because: a. An alleged claim against the landlord is not an excuse for failing to pay rent as explained above; b. The landlord filed their application against the tenant on 19 February 2024 and the tenant has taken no steps to file a cross claim despite ample opportunity to do so; c. Declining to adjourn will not prevent the tenant from pursuing a claim against the landlord in the Tribunal, should she wish to do so.
I have not detailed the alleged counterclaim the tenant wishes to raise because it may unfairly prejudice the parties by disclosing a claim that may or may not be proved in any future Tribunal proceeding.
The landlord’s claim for rent arrears is proved and orders made accordingly. The landlord is also entitled to refund of the bond to cover some of the arrears and to reimbursement of the filing fee. K Stirling, 23 April 2024

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 4812219 — net $991.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.3.2024	$4,371.43	Rent arrears to 16.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$991.87
Total payable by Tenant to Landlord	$991.87

Claims and awards for application 4812219 — net $991.87 NZD. Verify on MoJ.

Rent arrears to 16.3.2024

Amount: $4,371.43
Awarded to: Landlord
Reason: Rent arrears to 16.3.2024

Filing fee reimbursement

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

Net award

Landlord $991.87

Total payable by Tenant to Landlord

Landlord $991.87

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Amy Campbell must pay Churchill Investments 2018 Limited $991.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,400.00 (6454676-004) to Churchill Investments 2018 Limited immediately.

Reasons

Both parties attended the hearing by teleconference, with Mr Lietze representing the landlord.
This was a fixed term tenancy which started on 29 April 2023 and was to end on 29 April 2024. The landlord agreed to end the tenancy early, as requested by the tenant, Ms Campbell. The tenancy ended on 16 March 2024.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing at the end of the tenancy.
Ms Campbell says that she has a counterclaim against the landlord for compensation that will offset the arrears owed. She wanted the Tribunal to consider this claim today. Both parties provided information regarding the tenant’s concerns, which form the basis of a counterclaim, and which they had discussed in the final months of the tenancy. However, the landlord has advised the tenant that they firmly reject the claim since the issue was raised.
As discussed at the hearing, if a tenant has a claim against the landlord, they are not entitled to withhold rent unless the landlord agrees. In the absence of reaching agreement with the landlord about any claim for compensation/rent reduction, the tenant’s remedy is to file an application in the Tenancy Tribunal setting out their claim against the landlord for determination. However, the tenant in those circumstances is still obliged to continue paying rent until the Tribunal determines the matter.
The tenant has not filed a cross application detailing her claim against the landlord (i.e. articulating the alleged breaches of the Residential Tenancies Act 1986) and the remedies she seeks from the landlord. The Tribunal can only hear matters that are set out in applications before it because it is important that parties coming to the Tribunal are fully and fairly informed of the claims against them. This must be done by way of filing an application.
The issue to decide is whether it is fair and reasonable to adjourn this hearing so that the tenant can file a cross application against the landlord and so that both claims are heard at the same time. I am not persuaded that it is fair and reasonable to do so in this case because: a. An alleged claim against the landlord is not an excuse for failing to pay rent as explained above; b. The landlord filed their application against the tenant on 19 February 2024 and the tenant has taken no steps to file a cross claim despite ample opportunity to do so; c. Declining to adjourn will not prevent the tenant from pursuing a claim against the landlord in the Tribunal, should she wish to do so.
I have not detailed the alleged counterclaim the tenant wishes to raise because it may unfairly prejudice the parties by disclosing a claim that may or may not be proved in any future Tribunal proceeding.
The landlord’s claim for rent arrears is proved and orders made accordingly. The landlord is also entitled to refund of the bond to cover some of the arrears and to reimbursement of the filing fee. K Stirling, 23 April 2024

Tenancy Tribunal case 4812219 — Rent arrears at 5 Blenheim Place, Judea, Tauranga 3110

At a glance

Tenancy Tribunal case 4812219 — Rent arrears at 5 Blenheim Place, Judea, Tauranga 3110

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