What was the outcome of Tenancy Tribunal case 4816162?

The tribunal order states: Pita Walter Marshall must pay Rebecca Jayne McBride $2,200.44 (‘the debt’)

How much money was awarded in case 4816162?

Cleaning: $360.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Back Door Jamb: $150.00 awarded to landlord; Cat Doors: $70.00 awarded to landlord; Dining Room Walls: $300.00 awarded to landlord; Flyscreen Door: $100.00 awarded to landlord

What type of tenancy dispute was case 4816162?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4816162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282697-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816162?

The tribunal order states: Pita Walter Marshall must pay Rebecca Jayne McBride $2,200.44 (‘the debt’)

How much money was awarded in case 4816162?

Cleaning: $360.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Back Door Jamb: $150.00 awarded to landlord; Cat Doors: $70.00 awarded to landlord; Dining Room Walls: $300.00 awarded to landlord; Flyscreen Door: $100.00 awarded to landlord

What type of tenancy dispute was case 4816162?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4816162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10282697-Tenancy_Tribunal_Order.pdf.

32 Gloucester Street, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4816162 — Rent arrears

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32 Gloucester Street, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4816162 — 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 4816162 — net $2,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,200.00	Rent arrears
Carpet Cleaning	$360.00	Carpet Cleaning
Repairs: flyscreen door	$100.00	Repairs: flyscreen door
Repairs: back door jamb	$150.00	Repairs: back door jamb
Repairs: cat doors	$70.00	Repairs: cat doors
Repairs: dining room walls	$300.00	Repairs: dining room walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,200.44
Total payable by Tenant to Landlord	$2,200.44

Claims and awards for application 4816162 — net $2,200.44 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $360.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: flyscreen door

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: flyscreen door

Repairs: back door jamb

Amount: $150.00
Awarded to: Landlord
Reason: Repairs: back door jamb

Repairs: cat doors

Amount: $70.00
Awarded to: Landlord
Reason: Repairs: cat doors

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Pita Walter Marshall must pay Rebecca Jayne McBride $2,200.44 (‘the debt’) calculated as shown in the table below.
The tenant agrees to repay the debt by four instalments of $550.00 per month with payments being made on 16 May 2024, 16 June 2024, 16 July 2024 and 16 August 2024.
If any instalment is not paid within two working days of the due date specified above then the debt can be enforced by the landlord as a monetary Order of the Tribunal. DescriptionLandlord Rent arrears$1,200.00 Carpet Cleaning$360.00 Repairs: flyscreen door$100.00 Repairs: back door jamb$150.00 Repairs: cat doors$70.00 Repairs: dining room walls$300.00 Filing fee reimbursement$20.44 Total award$2,200.44 Total payable by Tenant to Landlord$2,200.44

Reasons

Both parties attended the hearing.
The Tribunal adjourned a previous hearing on 4 April 2024 and issued directions requiring the landlord to file all evidence by 4 pm 8 April 2024. The Tribunal’s Order stipulated in some detail the evidence required.
The landlord did not file any further evidence. The Tribunal did not need to accept the evidence that the landlord produced at the hearing as it was submitted outside of the time frame directed by the Tribunal. Also, the tenant had not been served with that evidence and had an opportunity to consider it before the hearing.
It is for an applicant to provide the evidence necessary to prove their case. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the necessary evidence. It is not the Tribunal’s responsibility to extract evidence.
However, the tenant accepted some aspects of the landlord’s claims for compensation and the sums awarded were agreed between the parties at the hearing. These awards have been made by consent.
The landlord did not provide a schedule of rent payments as required by the Tribunal’s direction of 4 April 2024 and the tenant specifically objected to not having been able to scrutinise the amount the landlord was claiming. He accepted that he owed the landlord more than two weeks’ rent and agreed to the Tribunal making an order for rent arrears of $1,200.00.
In the absence of the schedule as proof of the amount owing and having failed to provide that evidence within the reasonable time frame imposed by the Tribunal, the Tribunal can only award the amount agreed to by the tenant.
The landlord made it clear that this part of the Order was not made with her consent.
Because the landlord has substantially succeeded in her claims, the Tribunal must award her reimbursement of the filing fee. See section 102(4) Residential Tenancies Act 1986.

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 4816162 — net $2,200.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,200.00	Rent arrears
Carpet Cleaning	$360.00	Carpet Cleaning
Repairs: flyscreen door	$100.00	Repairs: flyscreen door
Repairs: back door jamb	$150.00	Repairs: back door jamb
Repairs: cat doors	$70.00	Repairs: cat doors
Repairs: dining room walls	$300.00	Repairs: dining room walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,200.44
Total payable by Tenant to Landlord	$2,200.44

Claims and awards for application 4816162 — net $2,200.44 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $360.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: flyscreen door

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: flyscreen door

Repairs: back door jamb

Amount: $150.00
Awarded to: Landlord
Reason: Repairs: back door jamb

Repairs: cat doors

Amount: $70.00
Awarded to: Landlord
Reason: Repairs: cat doors

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Pita Walter Marshall must pay Rebecca Jayne McBride $2,200.44 (‘the debt’) calculated as shown in the table below.
The tenant agrees to repay the debt by four instalments of $550.00 per month with payments being made on 16 May 2024, 16 June 2024, 16 July 2024 and 16 August 2024.
If any instalment is not paid within two working days of the due date specified above then the debt can be enforced by the landlord as a monetary Order of the Tribunal. DescriptionLandlord Rent arrears$1,200.00 Carpet Cleaning$360.00 Repairs: flyscreen door$100.00 Repairs: back door jamb$150.00 Repairs: cat doors$70.00 Repairs: dining room walls$300.00 Filing fee reimbursement$20.44 Total award$2,200.44 Total payable by Tenant to Landlord$2,200.44

Reasons

Both parties attended the hearing.
The Tribunal adjourned a previous hearing on 4 April 2024 and issued directions requiring the landlord to file all evidence by 4 pm 8 April 2024. The Tribunal’s Order stipulated in some detail the evidence required.
The landlord did not file any further evidence. The Tribunal did not need to accept the evidence that the landlord produced at the hearing as it was submitted outside of the time frame directed by the Tribunal. Also, the tenant had not been served with that evidence and had an opportunity to consider it before the hearing.
It is for an applicant to provide the evidence necessary to prove their case. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the necessary evidence. It is not the Tribunal’s responsibility to extract evidence.
However, the tenant accepted some aspects of the landlord’s claims for compensation and the sums awarded were agreed between the parties at the hearing. These awards have been made by consent.
The landlord did not provide a schedule of rent payments as required by the Tribunal’s direction of 4 April 2024 and the tenant specifically objected to not having been able to scrutinise the amount the landlord was claiming. He accepted that he owed the landlord more than two weeks’ rent and agreed to the Tribunal making an order for rent arrears of $1,200.00.
In the absence of the schedule as proof of the amount owing and having failed to provide that evidence within the reasonable time frame imposed by the Tribunal, the Tribunal can only award the amount agreed to by the tenant.
The landlord made it clear that this part of the Order was not made with her consent.
Because the landlord has substantially succeeded in her claims, the Tribunal must award her reimbursement of the filing fee. See section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 4816162 — Rent arrears at 32 Gloucester Street, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 4816162 — Rent arrears at 32 Gloucester Street, Takaro, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions