What was the outcome of Tenancy Tribunal case 4860764?

The tribunal order states: The tenancy of Penina Sola at 72 Maplesden Drive, Clendon Park, Auckland

How much money was awarded in case 4860764?

Filing Fee: $20.44 awarded to landlord; Less Award Made To Tenant In Previou…: $920.44 awarded to tenant; Rent Arrears: $5,999.72 awarded to landlord

What type of tenancy dispute was case 4860764?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10337496-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4860764?

The tribunal order states: The tenancy of Penina Sola at 72 Maplesden Drive, Clendon Park, Auckland

How much money was awarded in case 4860764?

Filing Fee: $20.44 awarded to landlord; Less Award Made To Tenant In Previou…: $920.44 awarded to tenant; Rent Arrears: $5,999.72 awarded to landlord

What type of tenancy dispute was case 4860764?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10337496-Tenancy_Tribunal_Order.pdf.

72 Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4860764 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4860764 — net $2,099.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 15/05/2024	$5,999.72		Rent arrears as at 15/05/2024
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less award made to tenant in previous order		$920.44	Less award made to tenant in previous order
Total award	$6,020.16	$920.44
Net award	$2,099.72
Total payable by Tenant to Landlord	$2,099.72

The tenancy of Penina Sola at 72 Maplesden Drive, Clendon Park, Auckland 2103 is terminated, and possession is granted to Aam Capital Limited, immediately.

Penina Sola must pay Aam Capital Limited $2,099.72 immediately, calculated as shown in the table below:

This order incorporates the Tribunal order made on 2 May 2024 under applications 4707851, 4704834, 4667618.

The Bond Centre is to pay the bond of $3,000.00 (3315489-006) to Aam Capital Limited immediately.

The landlord’s claim for compensation of $13,220.00 for damage to the bathroom and insulation is withdrawn by consent.

The tenant’s cross application is struck out.

Reasons

Both parties attended the hearing which was held by teleconference. The landlord’s application (application 4860764)

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

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 (“RTA”).

I appreciate that the tenant’s personal circumstances are such that moving out will be difficult. While I acknowledge the tenant’s position, her personal circumstances in and of themselves are not factors the Tribunal can take account of.

The landlord provided rent records which prove the amount owing at the end of the tenancy, as ordered above.

The landlord withdrew its claim for compensation of $13,220.00 for damage to the bathroom and insulation as it relates to a matter previously determined by the Tribunal under applications 4707851, 4704834, 4667618. Previous order

On 2 May 2024, the Tribunal made an order relating to this tenancy for the landlord to pay the tenant $920.44 (applications 4707851, 4704834, 4667618). The previous award is incorporated into this order. The tenant’s cross application (application 4860740)

The tenant has filed a cross application for compensation and exemplary damages in relation to the landlord's failure to repair and maintain the premises and comply with healthy homes standards.

However, I find the substantive issues were effectively determined by the Tribunal in the previous order made on 2 May 2024, applications 4707851, 4704834, 4667618. In the circumstances, this raises the issue of “res judicata”.

The cross application is an attempt to re-ligate matters already determined by the Tribunal. I find the application is 'res judicata' and cannot be re-opened. The Tribunal therefore has no jurisdiction to hear the tenant’s cross application. Application filing fee

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord does not request a suppression order.

The tenant has requested a suppression order. However, there are no particular interests of the parties that would justify name suppression. General concerns about the risks of publication on finding future tenancies do not justify suppression. Therefore, I will not grant the tenant name suppression in this instance.

Claims and awards in Tenancy Tribunal application 4860764 — net $2,099.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 15/05/2024	$5,999.72		Rent arrears as at 15/05/2024
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less award made to tenant in previous order		$920.44	Less award made to tenant in previous order
Total award	$6,020.16	$920.44
Net award	$2,099.72
Total payable by Tenant to Landlord	$2,099.72

Order

The tenancy of Penina Sola at 72 Maplesden Drive, Clendon Park, Auckland 2103 is terminated, and possession is granted to Aam Capital Limited, immediately.
Penina Sola must pay Aam Capital Limited $2,099.72 immediately, calculated as shown in the table below:
This order incorporates the Tribunal order made on 2 May 2024 under applications 4707851, 4704834, 4667618.
The Bond Centre is to pay the bond of $3,000.00 (3315489-006) to Aam Capital Limited immediately.
The landlord’s claim for compensation of $13,220.00 for damage to the bathroom and insulation is withdrawn by consent.
The tenant’s cross application is struck out.

Reasons

Both parties attended the hearing which was held by teleconference. The landlord’s application (application 4860764)
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 (“RTA”).
I appreciate that the tenant’s personal circumstances are such that moving out will be difficult. While I acknowledge the tenant’s position, her personal circumstances in and of themselves are not factors the Tribunal can take account of.
The landlord provided rent records which prove the amount owing at the end of the tenancy, as ordered above.
The landlord withdrew its claim for compensation of $13,220.00 for damage to the bathroom and insulation as it relates to a matter previously determined by the Tribunal under applications 4707851, 4704834, 4667618. Previous order
On 2 May 2024, the Tribunal made an order relating to this tenancy for the landlord to pay the tenant $920.44 (applications 4707851, 4704834, 4667618). The previous award is incorporated into this order. The tenant’s cross application (application 4860740)
The tenant has filed a cross application for compensation and exemplary damages in relation to the landlord's failure to repair and maintain the premises and comply with healthy homes standards.
However, I find the substantive issues were effectively determined by the Tribunal in the previous order made on 2 May 2024, applications 4707851, 4704834, 4667618. In the circumstances, this raises the issue of “res judicata”.
The cross application is an attempt to re-ligate matters already determined by the Tribunal. I find the application is 'res judicata' and cannot be re-opened. The Tribunal therefore has no jurisdiction to hear the tenant’s cross application. Application filing fee
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord does not request a suppression order.
The tenant has requested a suppression order. However, there are no particular interests of the parties that would justify name suppression. General concerns about the risks of publication on finding future tenancies do not justify suppression. Therefore, I will not grant the tenant name suppression in this instance.

Tenancy Tribunal case 4860764 — Rent arrears at 72 Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4860764 — Rent arrears at 72 Maplesden Drive, Clendon Park, Auckland 2103

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