What was the outcome of Tenancy Tribunal case 4889945?

The tribunal order states: Kenneth Ball must pay Sk Group Ltd T/A Aj Stevenson As Agent For Kathy

How much money was awarded in case 4889945?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,400.00 awarded to landlord

What type of tenancy dispute was case 4889945?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4889945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10550244-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4889945?

The tribunal order states: Kenneth Ball must pay Sk Group Ltd T/A Aj Stevenson As Agent For Kathy

How much money was awarded in case 4889945?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,400.00 awarded to landlord

What type of tenancy dispute was case 4889945?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4889945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10550244-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1803, 11 Liverpool Street, Auckland Central, Tenancy Tribunal Case 4889945 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4889945 — net $5,420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$5,400.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,420.44
Total payable by Tenant to Landlord	$5,420.44

The landlord attended the hearing. The tenant did not. Background

The tenancy began on 15 August 2023 and is a fixed-term tenancy expiring on 15 August 2024.

The rent is $350.00 per week.

The landlord advised that the tenant did not pay a bond.

At the hearing, the landlord advised that the tenant had been remanded into custody on 14 May 2024. Termination

Page one of the landlord’s written application recorded the tenancy as having been vacated or ended however, a fixed-term tenancy only ends in the following circumstances: a. By order of the Tribunal; or b. By appropriate notice being given in accordance with section 51 of the Residential Tenancies Act 1986; or c. With the consent of both parties.

In the absence of the above, the tenancy is considered current.

Page three of the landlord’s written application recorded that the landlord was seeking orders from the Tribunal for rent arrears and the filing fee. No mention of termination was made.

At the hearing, the landlord made submissions seeking termination on the basis that the tenant had been remanded into custody and was in rent arrears. By this, I suspect that what landlord wanted the Tribunal to do was find that the tenancy had been abandoned by the tenant and order termination under 61(1) of the Residential Tenancies Act 1986 and rent to be paid under section 61(3)(b).

The landlord seemed uncertain about whether they wanted rent arrears as at the date that the application was filed, the date of the hearing or up until the end of the fixed-term. This was most likely because the landlord was confused about when the tenancy ended. As I have indicated above at paragraphs [6] and [7], the tenancy is considered current unless and until it is ended by appropriate means. The landlord advised the Tribunal that the property had not been re- tenanted as at the date of the hearing.

Section 91(1) of the Residential Tenancies Act 1986 requires the Tribunal to give to each party to the dispute reasonable notice of the time, place and purpose of the hearing to be held in respect of the application. This occurs in the form of a notice of hearing that the tribunal sends to both parties. Section 91(2)(a) requires the notice of hearing to be in writing and include a statement of such particulars as will fairly inform the party to whom it is given of the substance of the matters to be dealt with at the hearing. In this case, the notice of hearing recorded that the landlord had raised the following claims: a. Vacated tenancy b. Rent Arrears – s 40(1)(a), 77(2)(k), 78(1)(d) c. Application fee refund – s 102(4)

The notice of hearing did not mention termination, because the landlord did not include it in their written application. Therefore, the tenant was not fairly informed of the fact that the landlord was seeking termination pursuant to 91(2)(a) of the Residential Tenancies Act 1986. It is for this reason that I cannot make an order for termination.

If the landlord wants to terminate the tenancy, they should submit a new application recording this and reference the sections of the Residential Tenancies Act 1986 they are relying on for the Tribunal to make the order. Rent arrears

At the hearing, the landlord provided an updated rent summary, which proved that the rent was $5,400.00 in arrears as of 8 July 2024. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Filing fee

Because Sk Group Ltd T/A Aj Stevenson As Agent For Kathy Buchanan And Sk Group Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4889945 — net $5,420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$5,400.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,420.44
Total payable by Tenant to Landlord	$5,420.44

Order

Kenneth Ball must pay Sk Group Ltd T/A Aj Stevenson As Agent For Kathy Buchanan And Sk Group Ltd $5,420.44 immediately, being rent arrears to 8 July 2024 and the filing fee.
The application for termination is dismissed.

Reasons

The landlord attended the hearing. The tenant did not. Background
The tenancy began on 15 August 2023 and is a fixed-term tenancy expiring on 15 August 2024.
The rent is $350.00 per week.
The landlord advised that the tenant did not pay a bond.
At the hearing, the landlord advised that the tenant had been remanded into custody on 14 May 2024. Termination
Page one of the landlord’s written application recorded the tenancy as having been vacated or ended however, a fixed-term tenancy only ends in the following circumstances: a. By order of the Tribunal; or b. By appropriate notice being given in accordance with section 51 of the Residential Tenancies Act 1986; or c. With the consent of both parties.
In the absence of the above, the tenancy is considered current.
Page three of the landlord’s written application recorded that the landlord was seeking orders from the Tribunal for rent arrears and the filing fee. No mention of termination was made.
At the hearing, the landlord made submissions seeking termination on the basis that the tenant had been remanded into custody and was in rent arrears. By this, I suspect that what landlord wanted the Tribunal to do was find that the tenancy had been abandoned by the tenant and order termination under 61(1) of the Residential Tenancies Act 1986 and rent to be paid under section 61(3)(b).
The landlord seemed uncertain about whether they wanted rent arrears as at the date that the application was filed, the date of the hearing or up until the end of the fixed-term. This was most likely because the landlord was confused about when the tenancy ended. As I have indicated above at paragraphs [6] and [7], the tenancy is considered current unless and until it is ended by appropriate means. The landlord advised the Tribunal that the property had not been re- tenanted as at the date of the hearing.
Section 91(1) of the Residential Tenancies Act 1986 requires the Tribunal to give to each party to the dispute reasonable notice of the time, place and purpose of the hearing to be held in respect of the application. This occurs in the form of a notice of hearing that the tribunal sends to both parties. Section 91(2)(a) requires the notice of hearing to be in writing and include a statement of such particulars as will fairly inform the party to whom it is given of the substance of the matters to be dealt with at the hearing. In this case, the notice of hearing recorded that the landlord had raised the following claims: a. Vacated tenancy b. Rent Arrears – s 40(1)(a), 77(2)(k), 78(1)(d) c. Application fee refund – s 102(4)
The notice of hearing did not mention termination, because the landlord did not include it in their written application. Therefore, the tenant was not fairly informed of the fact that the landlord was seeking termination pursuant to 91(2)(a) of the Residential Tenancies Act 1986. It is for this reason that I cannot make an order for termination.
If the landlord wants to terminate the tenancy, they should submit a new application recording this and reference the sections of the Residential Tenancies Act 1986 they are relying on for the Tribunal to make the order. Rent arrears
At the hearing, the landlord provided an updated rent summary, which proved that the rent was $5,400.00 in arrears as of 8 July 2024. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Filing fee
Because Sk Group Ltd T/A Aj Stevenson As Agent For Kathy Buchanan And Sk Group Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4889945 — Rent arrears at Unit/Flat 1803, 11 Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4889945 — Rent arrears at Unit/Flat 1803, 11 Liverpool Street, Auckland Central,

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