What was the outcome of Tenancy Tribunal case 4918894?

The tribunal order states: The tenancy of Whare Wharehinga at Unit/Flat 2, 459 Childers Road, Te

How much money was awarded in case 4918894?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,700.00 awarded to landlord

What type of tenancy dispute was case 4918894?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4918894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10752120-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4918894?

The tribunal order states: The tenancy of Whare Wharehinga at Unit/Flat 2, 459 Childers Road, Te

How much money was awarded in case 4918894?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,700.00 awarded to landlord

What type of tenancy dispute was case 4918894?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4918894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10752120-Tribunal_Order.pdf.

Unit/Flat 2, 459 Childers Road, Te Hapara, Gisborne 4010 Tenancy Tribunal Case 4918894 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4918894 — net $8,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$8,700.00	Rent arrears to 29 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,720.44
Total payable by Tenant to Landlord	$8,720.44

The tenancy of Whare Wharehinga at Unit/Flat 2, 459 Childers Road, Te Hapara, Gisborne 4010 is terminated, and possession is granted to Mark Clifford Greig, at 11.59pm on Friday 6 September 2024.

Whare Wharehinga must pay Mark Clifford Greig $8,720.44 immediately, calculated as shown in the table below:

Reasons

The tenant attended the hearing in person. Mr Robertson attended the hearing for the landlord.

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

The tenant disputes that he is in rent arrears. He says: a) That the landlord owes him almost $18,000 in overpaid rent. b) That the landlord has not included rent payments the tenant made to the landlord’s wife account. c) That the rent records are incorrect and do not reconcile with the amounts that he has prepared from his bank statements. d) That he has a counterclaim against the landlord for a lack of maintenance at the property, overpaid rent and breach of quiet enjoyment for spreading misinformation about him.

I heard from both the tenant and Ms Greig who prepared the landlord’s rent statement.

Ms Greig confirmed that the rent summary takes into account all payments the tenant has paid into the landlord’s bank account. She says the tenant has always paid his rent into the BNZ account, and that the other ANZ account is used by another tenant. At the block. In any case, she is the account holder of the ANZ account and there are no payments by the tenant into the ANZ account.

The tenant says that when the Tribunal made a significant award for rent arrears in 2015, that it got it wrong, and the landlord owed him money at the time. The tenant’s rent ledger does not align with the rent arrears ordered in 2015.

Having heard from both parties and reviewed the evidence supplied I am satisfied that the rent was at least 21 days in arrears on the date the application was filed and remains so today and therefore I have terminated the tenancy. See section 55(1)(a) Residential Tenancies Act 1986. I say this for the following reasons: a. The landlord confirmed that the rent ledger was correct and taken directly from the bank statements. Ms Greig confirmed that no other payments had been made into any other account. b. The tenant did not provide copies of his bank statement that showed the alleged payments that he said that he paid and the landlord had not accounted for. The tenant’s ledger is not proof of the payments made- he would have needed to bring primary document/ bank statements that show the Tribunal that the landlord’s rent summary was incorrect. c. The tenant admitted at the hearing that he had stopped paying rent for a few weeks after he received the landlord’s claim. d. I cannot review or overturn a decision by another Adjudicator made in 2015. e. The tenant can file his own claim for other matters, but has not done so to date, given the significant rent arrears that are proven, and the disharmony between the landlord and the tenant I consider it appropriate that this tenancy is terminated.

I am satisfied that the landlord has proven the amount of rent owed at the end at the end of the tenancy.

I understand that this has been the tenant’s home for 15 years and this order will be distressing for him. I have allowed a week until the termination takes effect for the tenant to source the support he needs to move and make alternative living arrangements.

I also record that at hearing the landlord also gave the tenant a notice to end the tenancy. This notice was because the landlord needs to do a refresh of the property and get the property up to a Healthy Homes Standards which will come into force next year.

As the landlord has been successful, I award the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 4918894 — net $8,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 August 2024	$8,700.00	Rent arrears to 29 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,720.44
Total payable by Tenant to Landlord	$8,720.44

Order

The tenancy of Whare Wharehinga at Unit/Flat 2, 459 Childers Road, Te Hapara, Gisborne 4010 is terminated, and possession is granted to Mark Clifford Greig, at 11.59pm on Friday 6 September 2024.
Whare Wharehinga must pay Mark Clifford Greig $8,720.44 immediately, calculated as shown in the table below:

Reasons

The tenant attended the hearing in person. Mr Robertson attended the hearing for the landlord.
The landlord has applied for termination of the tenancy and rent arrears .
The tenant disputes that he is in rent arrears. He says: a) That the landlord owes him almost $18,000 in overpaid rent. b) That the landlord has not included rent payments the tenant made to the landlord’s wife account. c) That the rent records are incorrect and do not reconcile with the amounts that he has prepared from his bank statements. d) That he has a counterclaim against the landlord for a lack of maintenance at the property, overpaid rent and breach of quiet enjoyment for spreading misinformation about him.
I heard from both the tenant and Ms Greig who prepared the landlord’s rent statement.
Ms Greig confirmed that the rent summary takes into account all payments the tenant has paid into the landlord’s bank account. She says the tenant has always paid his rent into the BNZ account, and that the other ANZ account is used by another tenant. At the block. In any case, she is the account holder of the ANZ account and there are no payments by the tenant into the ANZ account.
The tenant says that when the Tribunal made a significant award for rent arrears in 2015, that it got it wrong, and the landlord owed him money at the time. The tenant’s rent ledger does not align with the rent arrears ordered in 2015.
Having heard from both parties and reviewed the evidence supplied I am satisfied that the rent was at least 21 days in arrears on the date the application was filed and remains so today and therefore I have terminated the tenancy. See section 55(1)(a) Residential Tenancies Act 1986. I say this for the following reasons: a. The landlord confirmed that the rent ledger was correct and taken directly from the bank statements. Ms Greig confirmed that no other payments had been made into any other account. b. The tenant did not provide copies of his bank statement that showed the alleged payments that he said that he paid and the landlord had not accounted for. The tenant’s ledger is not proof of the payments made- he would have needed to bring primary document/ bank statements that show the Tribunal that the landlord’s rent summary was incorrect. c. The tenant admitted at the hearing that he had stopped paying rent for a few weeks after he received the landlord’s claim. d. I cannot review or overturn a decision by another Adjudicator made in 2015. e. The tenant can file his own claim for other matters, but has not done so to date, given the significant rent arrears that are proven, and the disharmony between the landlord and the tenant I consider it appropriate that this tenancy is terminated.
I am satisfied that the landlord has proven the amount of rent owed at the end at the end of the tenancy.
I understand that this has been the tenant’s home for 15 years and this order will be distressing for him. I have allowed a week until the termination takes effect for the tenant to source the support he needs to move and make alternative living arrangements.
I also record that at hearing the landlord also gave the tenant a notice to end the tenancy. This notice was because the landlord needs to do a refresh of the property and get the property up to a Healthy Homes Standards which will come into force next year.
As the landlord has been successful, I award the landlord the filing fee.

Tenancy Tribunal case 4918894 — Rent arrears at Unit/Flat 2, 459 Childers Road, Te Hapara, Gisborne 4010

At a glance

Tenancy Tribunal case 4918894 — Rent arrears at Unit/Flat 2, 459 Childers Road, Te Hapara, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions