What was the outcome of Tenancy Tribunal case 4841502?

The tribunal order states: The application for rehearing was granted and the matter reheard.

How much money was awarded in case 4841502?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,840.00 awarded to landlord; Water Rates: $139.40 awarded to landlord

What type of tenancy dispute was case 4841502?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10445089-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4841502?

The tribunal order states: The application for rehearing was granted and the matter reheard.

How much money was awarded in case 4841502?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,840.00 awarded to landlord; Water Rates: $139.40 awarded to landlord

What type of tenancy dispute was case 4841502?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10445089-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112 Tenancy Tribunal Case 4841502 — Rent arrears

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Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112 Tenancy Tribunal Case 4841502 — 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 4841502 — net $2,319.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,840.00	Rent arrears
Water rates	$139.40	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,319.84
Total payable by Tenant to Landlord	$2,319.84

Claims and awards for application 4841502 — net $2,319.84 NZD. Verify on MoJ.

Rent arrears

Amount: $3,840.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $139.40
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,319.84

Total payable by Tenant to Landlord

Landlord $2,319.84

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The application for rehearing was granted and the matter reheard.
The tenancy of Michaela Ormsby at Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112 is terminated, and possession is granted to Advantage Realty Limited, at 13 June 2024.
The Bond Centre has already paid the bond of $1,680.00 (5713091-006) to Advantage Realty Limited however, on receipt of the rehearing application, this was placed in trust it may now be released to the landlord.
Michaela Ormsby must pay Advantage Realty Limited $2,319.84 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
This matter was originally heard by adjudicator Morgan on 7 May 2024 via teleconference. Ms Ormsby did not attend and says that no calls came through the phone. Therefore, she has applied for a rehearing of the Tribunal order dated 7 May 2024 as the order was made without her being heard.
When a party fails to attend a scheduled hearing, the need for swift and efficient justice requires that the hearing should go ahead, as otherwise the party who does attend is put to unnecessary inconvenience. However, when as in this case there is a reason for non-attendance a rehearing should be allowed, as otherwise the non-attending parties is denied an opportunity to make their case. 1
I accept that Ms Ormsby was not available. Therefore, I find it is in the interests of justice that the rehearing is allowed, I am satisfied that a miscarriage of justice may have occurred, and a rehearing is granted. See section 105 Residential Tenancies Act 1986.
I considered that having granted the rehearing I was then able to hear the substantive matter and did so. The evidence is up to date and both parties were prepared to argue their case.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord provided rent records which prove the amount owing at the end of the tenancy. Ms Ormsby agreed that the arrears were owing, and accepted the level of arrears which was updated to 13 June 2024. $3840 is owed which has accrued due to sporadic payments since November 2023. There was a previous withdrawn application to the Tribunal in 2023 for arrears. There is a pattern of non-payment which has arisen, and the landlord seeks termination accordingly.
Ms Ormsby explained that she had attempted to sort out the arrears with WINZ but there had been delays.
Rent and water rates were at least 21 days in arrears on the date the application was filed. I note the ongoing pattern and the fact that the landlord’s financial position has been affected by the non-payment. I am not satisfied that this situation will njot arise again in future. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. 1 See Brown v Christchurch Disputes Tribunal (2000) 14 PRNZ 554

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 4841502 — net $2,319.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,840.00	Rent arrears
Water rates	$139.40	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,319.84
Total payable by Tenant to Landlord	$2,319.84

Claims and awards for application 4841502 — net $2,319.84 NZD. Verify on MoJ.

Rent arrears

Amount: $3,840.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $139.40
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $2,319.84

Total payable by Tenant to Landlord

Landlord $2,319.84

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The application for rehearing was granted and the matter reheard.
The tenancy of Michaela Ormsby at Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112 is terminated, and possession is granted to Advantage Realty Limited, at 13 June 2024.
The Bond Centre has already paid the bond of $1,680.00 (5713091-006) to Advantage Realty Limited however, on receipt of the rehearing application, this was placed in trust it may now be released to the landlord.
Michaela Ormsby must pay Advantage Realty Limited $2,319.84 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
This matter was originally heard by adjudicator Morgan on 7 May 2024 via teleconference. Ms Ormsby did not attend and says that no calls came through the phone. Therefore, she has applied for a rehearing of the Tribunal order dated 7 May 2024 as the order was made without her being heard.
When a party fails to attend a scheduled hearing, the need for swift and efficient justice requires that the hearing should go ahead, as otherwise the party who does attend is put to unnecessary inconvenience. However, when as in this case there is a reason for non-attendance a rehearing should be allowed, as otherwise the non-attending parties is denied an opportunity to make their case. 1
I accept that Ms Ormsby was not available. Therefore, I find it is in the interests of justice that the rehearing is allowed, I am satisfied that a miscarriage of justice may have occurred, and a rehearing is granted. See section 105 Residential Tenancies Act 1986.
I considered that having granted the rehearing I was then able to hear the substantive matter and did so. The evidence is up to date and both parties were prepared to argue their case.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord provided rent records which prove the amount owing at the end of the tenancy. Ms Ormsby agreed that the arrears were owing, and accepted the level of arrears which was updated to 13 June 2024. $3840 is owed which has accrued due to sporadic payments since November 2023. There was a previous withdrawn application to the Tribunal in 2023 for arrears. There is a pattern of non-payment which has arisen, and the landlord seeks termination accordingly.
Ms Ormsby explained that she had attempted to sort out the arrears with WINZ but there had been delays.
Rent and water rates were at least 21 days in arrears on the date the application was filed. I note the ongoing pattern and the fact that the landlord’s financial position has been affected by the non-payment. I am not satisfied that this situation will njot arise again in future. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. 1 See Brown v Christchurch Disputes Tribunal (2000) 14 PRNZ 554

Tenancy Tribunal case 4841502 — Rent arrears at Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112

At a glance

Tenancy Tribunal case 4841502 — Rent arrears at Unit/Flat B, 5 Begonia Way, Greerton, Tauranga 3112

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