How much money was awarded in case 4919994?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,999.62 awarded to landlord

What type of tenancy dispute was case 4919994?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4919994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880419-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4919994?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,999.62 awarded to landlord

What type of tenancy dispute was case 4919994?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4919994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880419-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5B, 3 Church Street, Wellington Central, Tenancy Tribunal Case 4919994 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4919994?

The tribunal order states: Isabella Rosandich, Jake Boyle, William Andrell, James (Jimi) Harris and Vasil

Order

Claims and awards in Tenancy Tribunal application 4919994 — net $8,020.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owed for the period ending 29.9.2024	$7,999.62	Rent arrears owed for the period ending 29.9.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,020.06
Total payable by Tenant to Landlord	$8,020.06

Isabella Rosandich, Jake Boyle, William Andrell, James (Jimi) Harris and Vasil Nestorov must pay 3-9 Church St Limited T/A Aspire Apartments As Agent For Mike Price $8,020.06 immediately, as calculated in the table below.

The tenants’ application for an order reducing the term of the fixed term tenancy is dismissed.

Reasons

Both parties attended the hearing with Mr Price and Ms McLean attending for the landlords. Mr Harris, Mr Nestorov and Mr Andrell attended for the tenants.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. An order is made accordingly.

The tenants have applied for reduction of the fixed-term tenancy due to end on 9 February 2025.

The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986 (RTA).

The weekly rent for the premises is $1,250. While all five tenants are jointly and severally liable for the total weekly rent, they each contribute $250 towards the rent owed, being the share agreed between them. The tenants present at the hearing advise that Mr Boyle and Ms Rosandich have vacated the premises and stopped paying their rent contributions. Mr Harris has vacated the premises but is continuing to pay his share of the rent. Mr Andrell and Mr Nestorov are still living at the premises and they are paying their share of the rent. This means that currently, the three tenants are paying weekly rent of $750 and there is a weekly shortfall of $500.

The tenants argue that because two of the tenants have ceased making rent payments this has placed the remaining tenants under an incredible financial strain as they are unable to cover the rent on their own. They argue that the situation, together with rising cost of living costs and the general economic downturn is amounts to an unforeseen change in their circumstances.

Unfortunately, while I empathise with the tenants present at the hearing today and the position they find themselves in, it is not an unforeseen change in circumstances. It is entirely foreseeable that with a group of five tenants, one or more of them might fail to pay rent. It is a known risk of entering a tenancy with co-tenants. That is why a landlord ensures that all tenants sign the tenancy agreement agreeing to be jointly and severally liable for their obligations under the tenancy agreement. In fact, the other two tenants who have stopped paying rent are still jointly and severally liable to pay the rent owed, and by doing so, that would rectify the situation for all.

Because I find that there has not been an unforeseen change in the tenants’ circumstances, it is not necessary for me to consider the other elements that must be present in order to exercise a discretion to reduce the term of the tenancy under s 66 RTA. For that reason, the tenants’ claim must be dismissed.

The landlord has indicated to the tenants that they are willing to consider an assignment of the tenancy or a change of tenants. To that end they have sent the tenants information on the process involved. The current tenants would be liable to pay rent until new/replacement tenants are found and for any reasonable expenses incurred by the landlord regarding the process. Efforts to find assignee or replacement tenants to date have stalled. I would encourage both parties to be proactive about finding other tenants to stem the potential losses they are all facing.

As the landlord has wholly succeeded with their application they are entitled to reimbursement of the filing fee. The tenants have not succeeded with their application. Therefore, they are not entitled to suppression of their names and identifying details as requested.

Claims and awards in Tenancy Tribunal application 4919994 — net $8,020.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owed for the period ending 29.9.2024	$7,999.62	Rent arrears owed for the period ending 29.9.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,020.06
Total payable by Tenant to Landlord	$8,020.06

Order

Isabella Rosandich, Jake Boyle, William Andrell, James (Jimi) Harris and Vasil Nestorov must pay 3-9 Church St Limited T/A Aspire Apartments As Agent For Mike Price $8,020.06 immediately, as calculated in the table below.
The tenants’ application for an order reducing the term of the fixed term tenancy is dismissed.

Reasons

Both parties attended the hearing with Mr Price and Ms McLean attending for the landlords. Mr Harris, Mr Nestorov and Mr Andrell attended for the tenants.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. An order is made accordingly.
The tenants have applied for reduction of the fixed-term tenancy due to end on 9 February 2025.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986 (RTA).
The weekly rent for the premises is $1,250. While all five tenants are jointly and severally liable for the total weekly rent, they each contribute $250 towards the rent owed, being the share agreed between them. The tenants present at the hearing advise that Mr Boyle and Ms Rosandich have vacated the premises and stopped paying their rent contributions. Mr Harris has vacated the premises but is continuing to pay his share of the rent. Mr Andrell and Mr Nestorov are still living at the premises and they are paying their share of the rent. This means that currently, the three tenants are paying weekly rent of $750 and there is a weekly shortfall of $500.
The tenants argue that because two of the tenants have ceased making rent payments this has placed the remaining tenants under an incredible financial strain as they are unable to cover the rent on their own. They argue that the situation, together with rising cost of living costs and the general economic downturn is amounts to an unforeseen change in their circumstances.
Unfortunately, while I empathise with the tenants present at the hearing today and the position they find themselves in, it is not an unforeseen change in circumstances. It is entirely foreseeable that with a group of five tenants, one or more of them might fail to pay rent. It is a known risk of entering a tenancy with co-tenants. That is why a landlord ensures that all tenants sign the tenancy agreement agreeing to be jointly and severally liable for their obligations under the tenancy agreement. In fact, the other two tenants who have stopped paying rent are still jointly and severally liable to pay the rent owed, and by doing so, that would rectify the situation for all.
Because I find that there has not been an unforeseen change in the tenants’ circumstances, it is not necessary for me to consider the other elements that must be present in order to exercise a discretion to reduce the term of the tenancy under s 66 RTA. For that reason, the tenants’ claim must be dismissed.
The landlord has indicated to the tenants that they are willing to consider an assignment of the tenancy or a change of tenants. To that end they have sent the tenants information on the process involved. The current tenants would be liable to pay rent until new/replacement tenants are found and for any reasonable expenses incurred by the landlord regarding the process. Efforts to find assignee or replacement tenants to date have stalled. I would encourage both parties to be proactive about finding other tenants to stem the potential losses they are all facing.
As the landlord has wholly succeeded with their application they are entitled to reimbursement of the filing fee. The tenants have not succeeded with their application. Therefore, they are not entitled to suppression of their names and identifying details as requested.

Tenancy Tribunal case 4919994 — Rent arrears at Unit/Flat 5B, 3 Church Street, Wellington Central,

At a glance

Tenancy Tribunal case 4919994 — Rent arrears at Unit/Flat 5B, 3 Church Street, Wellington 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