What was the outcome of Tenancy Tribunal case 4883140?

The tribunal order states: Senita Mounga must pay Pistone Limited As Agent For Bawi Lian Than Lal

How much money was awarded in case 4883140?

Rent Arrears: $4,690.00 awarded to landlord

What type of tenancy dispute was case 4883140?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10641695-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4883140?

The tribunal order states: Senita Mounga must pay Pistone Limited As Agent For Bawi Lian Than Lal

How much money was awarded in case 4883140?

Rent Arrears: $4,690.00 awarded to landlord

What type of tenancy dispute was case 4883140?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10641695-Tenancy_Tribunal_Order.pdf.

4 Mon Desir Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4883140 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4883140 — net $2,690.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$4,690.00	Rent arrears to end of tenancy
Net award	$2,690.00
Total payable by Tenant to Landlord	$2,690.00

Senita Mounga must pay Pistone Limited As Agent For Bawi Lian Than Lal $2,690.00 as calculated in the table below: T h e t

Senita Mounga must pay the debt in order 1 at the rate of $100.00 per week.

The landlord shall forthwith provide the tenant with bank account details of where the payments are to be made.

The first payment must be made on Tuesday 13 August 2024 and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $2,000.00 (6205005-001) to Pistone Limited As Agent For Bawi Lian Than Lal immediately. DescriptionLandlord Rent arrears to end of tenancy$4,690.00 Total award$4,690.00 Minus Bond$2,000.00 Total payable by Tenant to Landlord$2,690.00

Reasons

This hearing took place by teleconference. Mr Love of Pistone Limited attended as agent for the landlord, Mr Lal. Mrs Mounga attended as representative for her husband, Mr Mounga. Both Mr and Mrs Mounga lived at the property with their children and although the tenancy is in her husband’s name Mrs Mounga has been the person communicating with the landlord.

This tenancy commenced on 7 April 2018 and ended at the end of February 2024 following the tenants giving notice to vacate.

The landlord has applied for rent arrears and bond refund following the end of the tenancy.

The landlord seeks the sum of $12,210.00 in rent arrears and has provided a rent summary which only dates back to February 2023.

The tenant agrees that there are rent arrears but claims that these are only $4690.00 on the basis of an email sent to them by the landlord. The tenant provided the Tribunal with a copy of an email from the landlord to the tenant dated 28 February 2024 which stated “your total rent rear payment up to date $4690”.

The property manager today stated that the landlord did not know what rent was outstanding and that following the end of the tenancy they produced a rent summary for him.

Section 30 of the Residential Tenancies Act 1986 provides that every landlord under a tenancy to which this Act applies shall keep or cause to be kept proper business records showing all payments of rent sufficient to comply within a reasonable time frame to a request from a tenant for a period to which any payment relates.

The tenant also stated that the landlord had increased the rent verbally without giving the required written notice under the RTA and the landlord confirmed that this was the case.

Having considered the above failures by the landlord to keep proper records and to provide the correct notice to increase the rent I find that the landlord has not proved the amount of $12,210.00 sought in arrears. I order rent arrears in the sum of $4690.00, according to the email provided by the tenant, in full settlement of all rent owed to the end of the tenancy.

The bond of $2000.00 is refunded to the landlord to reduce the debt owing.

The tenant shall pay the remaining balance at a rate of $100.00 per week commencing Tuesday 13 August 2024.

The landlord shall forthwith provide the tenant with a bank account number where the payments are to be made.

Order

Claims and awards in Tenancy Tribunal application 4883140 — net $2,690.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$4,690.00	Rent arrears to end of tenancy
Net award	$2,690.00
Total payable by Tenant to Landlord	$2,690.00