How much money was awarded in case 4892724?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,350.00 awarded to landlord

What type of tenancy dispute was case 4892724?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4892724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730268-Tribunal_Order.pdf.

How much money was awarded in case 4892724?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,350.00 awarded to landlord

What type of tenancy dispute was case 4892724?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4892724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730268-Tribunal_Order.pdf.

8 Okoreka Road, Glenbrook, Glenbrook 2681 Tenancy Tribunal Case 4892724 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4892724?

The tribunal order states: Chloe Little and Niko Mravicich must pay Barfoot & Thompson Limited - As Agent

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Order

Claims and awards in Tenancy Tribunal application 4892724 — net $2,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2024	$5,350.00	Rent arrears to 21 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,570.44
Total payable by Tenant to Landlord	$2,570.44

Chloe Little and Niko Mravicich must pay Barfoot & Thompson Limited - As Agent For Garikai Bvepfepfe And Thelma Bvepfepfe $2,570.44 immediately, being rent arrears to 21 June 2024 and reimbursement of the filing fee, less the bond, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,800.00 (6520610-001) to Barfoot & Thompson Limited - As Agent For Garikai Bvepfepfe And Thelma Bvepfepfe immediately.

Reasons

The hearing was conducted by telephone on 20 August 2024. The landlord and one of the two tenants, Ms Little, attended the hearing. Mr Mravicich, the other tenant, did not attend the hearing. Mr Mravicich had not communicated with the Tribunal as to why he would not attend the hearing and the hearing proceeded in his absence.

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

How much is owed for rent?

The tenancy was a fixed-term tenancy from 19 January 2024 to 20 January 2025. The Tenancy Agreement is between the landlord and the tenants, Ms Little and Mr Mravicich.

Mr Mravicich moved out of the premises in March and stopped paying his share of the rent. Ms Little continued to live in the premises and pay her share of the rent until the tenancy ended on 21 June 2024. Ms Little said that Mr Mravicich told her that he had “sorted out his side of the rent” with the landlord.

The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

Clause 17 of the general conditions of the Tenancy Agreement provides: Liability: I/We agree that we are jointly and severally liable to the Landlord for any indebtedness or damages, costs, claims, expenses, losses incurred or received by the Landlord, together with the costs of recovering the same.

This clause reflects the common law position on joint and several liability. The District Court has held that where there is more than one tenant on the tenancy agreement the obligations of tenants under the Residential Tenancies Act 1986 are imposed jointly. A tenant who owes a joint obligation is liable for breaches of the same obligation by a co-tenant, even if they are not personally at fault (Harrison v Shields (DC Dunedin, NP435/00, 2 September 2002, Judge MacAskill).

It is difficult not to have sympathy for Ms Little. It is clear from the rent records that she continued to pay her share of the rent and it appears she was unaware she would be liable for Mr Mravicich’s failure to pay. However, Ms Little is not entirely without remedy; she could apply to the Disputes Tribunal for an order requiring Mr Mravicich to pay his share of the rent. I also note that it is for the landlord to decide how to enforce the order, against whom, and for how much.

Barfoot & Thompson Limited - As Agent For Garikai Bvepfepfe And Thelma Bvepfepfe has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4892724 — net $2,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2024	$5,350.00	Rent arrears to 21 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,570.44
Total payable by Tenant to Landlord	$2,570.44

The Bond Centre is to pay the bond of $2,800.00 (6520610-001) to Barfoot & Thompson Limited - As Agent For Garikai Bvepfepfe And Thelma Bvepfepfe immediately.

Reasons

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

How much is owed for rent?

The tenancy was a fixed-term tenancy from 19 January 2024 to 20 January 2025. The Tenancy Agreement is between the landlord and the tenants, Ms Little and Mr Mravicich.

The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

Barfoot & Thompson Limited - As Agent For Garikai Bvepfepfe And Thelma Bvepfepfe has wholly succeeded with the claim. Therefore, I must order reimbursement of the filing fee.

Tenancy Tribunal case 4892724 — Rent arrears at 8 Okoreka Road, Glenbrook, Glenbrook 2681

At a glance

Tenancy Tribunal case 4892724 — Rent arrears at 8 Okoreka Road, Glenbrook, Glenbrook 2681

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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Property management

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Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Key findings

Property management

Frequently asked questions