What was the outcome of Tenancy Tribunal case 4945740?

The tribunal order states: Cole Smith must pay Dave Clemence $20,172.51 immediately, calculated as

How much money was awarded in case 4945740?

Electricity: $7,156.22 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,989.29 awarded to landlord

What type of tenancy dispute was case 4945740?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10918546-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945740?

The tribunal order states: Cole Smith must pay Dave Clemence $20,172.51 immediately, calculated as

How much money was awarded in case 4945740?

Electricity: $7,156.22 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,989.29 awarded to landlord

What type of tenancy dispute was case 4945740?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10918546-Tribunal_Order.pdf.

51 Sneyd Street, Kaiapoi, Kaiapoi 7630 Tenancy Tribunal Case 4945740 — Rent arrears

Claims and awards in Tenancy Tribunal application 4945740 — net $20,172.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,989.29	Rent arrears
Electricity to 1 March 2024	$7,156.22	Electricity to 1 March 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$20,172.51
Total payable by Tenant to Landlord	$20,172.51

Order

Cole Smith must pay Dave Clemence $20,172.51 immediately, calculated as shown in table below.
The Tribunal declares that the tenancy ended on 25 August 2024.
All other applications are dismissed.

Reasons

Both parties attended the video hearing on 2 October 2024.
This was a rehearing of a matter initially heard by the Tribunal on 16 August 2024.
The tenant was represented by Ms Gardiner.
The landlord seeks orders for termination of the tenancy for abandonment, rent arrears and payment of outgoings.
The tenancy began on 12 December 2022.
The basis for the tenancy is far from clear. The landlord says that the tenant was an independent contractor who carried out work for his company. The landlord says that there was an agreement between the tenant and the landlord, that rent would be deducted from payments due to the tenant for his contract work.
The arrangement described by the landlord is called a service tenancy. A service tenancy is granted under a term of, or as an incident of, a contract of service (employment) or a contract for services (independent contractor) between the landlord as employer and the tenant, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not rent is payable under the tenancy. The Tribunal and not the Employment Relations Authority determines claims to an employee’s accommodation under a service tenancy.
The landlord provided a copy of the relevant tenancy agreement in evidence. The tenancy agreement is signed by the parties and dated 12 December 2022. The agreement records that the weekly rent is to be $600.00. It states that rent is to be paid “Cash- via contract work.” No other reference is made to the tenant’s contract work or employment in the tenancy agreement and the landlord said that the independent contract arrangement between the landlord and tenant was made verbally and that no written contract exists.
The landlord’s application for termination is based on an abandonment. The application states that the tenancy was abandoned on 8 May 2024. At the hearing , the landlord accepted that this was incorrect and that the tenant was still present at the premises after that date. The application for termination for abandonment is dismissed.
The evidence indicates to me that the tenancy ended on 25 August 2024. The first Tribunal order dated 16 August 2024, terminated the tenancy at 11.59 pm on 16 August 2024. A rehearing was not granted until 23 August 2024.
The evidence indicates that between 16 August 2024 and 23 August 2024 the landlord went to the premises and entered the without tenant consent, as he was entitled to under the then existing Tribunal order.
On 25 August 2024 the tenant and associates went to the premises to remove his belongings. The landlord incorrectly told them that they were not allowed back. A disagreement occurred and the landlord left. The evidence was not clear, but it may be that the police were called .In evidence, the tenant accepted that he had not been back to the premises since 25 August 2024.
For the reasons given above, the Tribunal declares that the tenancy ended on 25 August 2024. Rent arrears.
The landlord says that the total rent owing to 26 August 2024 is $20,050.00 and that no rent had been paid since 1 January 2024.
The tenant said that the payment of rent and power would be deducted from payment owing to him for work carried out for the landlord’s business “Clemence Drilling”. It was agreed that the rental sum would be $600.00 per week.
The tenant was injured in 2022, but did not receive ACC compensation. The tenant got behind in his rent and was never able to catch up. The tenant was working between 30 and 50 hours per week to cover the rent and power, but often did not receive any payment after the deductions had been made at source.
In May 2024, the tenant decided that he could not work for the landlord anymore and started looking for another job and another place to live.
The tenant said that in July 2024 the landlord arrived at the premises with a letter saying that there were rent arrears and that the tenant should pay the arrears or leave. The tenant said that the landlord accepted that the tenant was owed $6,975.00 in wages.
The letter referred to by the tenant is a 14 day breach notice issued by the landlord. The letter states in part “We are aware that we still need to pay you for your contract work. The total amount outstanding for your contract wages is $6,795.”
The rent summary provided to the Tribunal by the landlord makes no reference to a deduction of $6,795 .00 from the amount owing by the tenant for rent.
Having reviewed the evidence, the Tribunal accepts that rent is owing to 25 August 2024. The rent to that date totals $19,964.29 (being the $20,050.00 referred to in the rent summary to 26 August 2024 less one days rent).
A further $6,975.00 is to be deducted under the service tenancy arrangement entered into by the parties. The total being $12,989.29 for rent arrears.
The landlord also seeks compensation for power use by the tenant for the period between January 2023 and 1 March 2024. The amount totals $7,156.22. The account was transferred to the tenant’s name after that date. The tenant is ordered to pay $7,156.22.
As Dave Clemence has substantially succeeded with the claim, the tenant is ordered to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4945740 — net $20,172.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,989.29	Rent arrears
Electricity to 1 March 2024	$7,156.22	Electricity to 1 March 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$20,172.51
Total payable by Tenant to Landlord	$20,172.51

Order

Cole Smith must pay Dave Clemence $20,172.51 immediately, calculated as shown in table below.
The Tribunal declares that the tenancy ended on 25 August 2024.
All other applications are dismissed.

Reasons

Both parties attended the video hearing on 2 October 2024.
This was a rehearing of a matter initially heard by the Tribunal on 16 August 2024.
The tenant was represented by Ms Gardiner.
The landlord seeks orders for termination of the tenancy for abandonment, rent arrears and payment of outgoings.
The tenancy began on 12 December 2022.
The basis for the tenancy is far from clear. The landlord says that the tenant was an independent contractor who carried out work for his company. The landlord says that there was an agreement between the tenant and the landlord, that rent would be deducted from payments due to the tenant for his contract work.
The arrangement described by the landlord is called a service tenancy. A service tenancy is granted under a term of, or as an incident of, a contract of service (employment) or a contract for services (independent contractor) between the landlord as employer and the tenant, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not rent is payable under the tenancy. The Tribunal and not the Employment Relations Authority determines claims to an employee’s accommodation under a service tenancy.
The landlord provided a copy of the relevant tenancy agreement in evidence. The tenancy agreement is signed by the parties and dated 12 December 2022. The agreement records that the weekly rent is to be $600.00. It states that rent is to be paid “Cash- via contract work.” No other reference is made to the tenant’s contract work or employment in the tenancy agreement and the landlord said that the independent contract arrangement between the landlord and tenant was made verbally and that no written contract exists.
The landlord’s application for termination is based on an abandonment. The application states that the tenancy was abandoned on 8 May 2024. At the hearing , the landlord accepted that this was incorrect and that the tenant was still present at the premises after that date. The application for termination for abandonment is dismissed.
The evidence indicates to me that the tenancy ended on 25 August 2024. The first Tribunal order dated 16 August 2024, terminated the tenancy at 11.59 pm on 16 August 2024. A rehearing was not granted until 23 August 2024.
The evidence indicates that between 16 August 2024 and 23 August 2024 the landlord went to the premises and entered the without tenant consent, as he was entitled to under the then existing Tribunal order.
On 25 August 2024 the tenant and associates went to the premises to remove his belongings. The landlord incorrectly told them that they were not allowed back. A disagreement occurred and the landlord left. The evidence was not clear, but it may be that the police were called .In evidence, the tenant accepted that he had not been back to the premises since 25 August 2024.
For the reasons given above, the Tribunal declares that the tenancy ended on 25 August 2024. Rent arrears.
The landlord says that the total rent owing to 26 August 2024 is $20,050.00 and that no rent had been paid since 1 January 2024.
The tenant said that the payment of rent and power would be deducted from payment owing to him for work carried out for the landlord’s business “Clemence Drilling”. It was agreed that the rental sum would be $600.00 per week.
The tenant was injured in 2022, but did not receive ACC compensation. The tenant got behind in his rent and was never able to catch up. The tenant was working between 30 and 50 hours per week to cover the rent and power, but often did not receive any payment after the deductions had been made at source.
In May 2024, the tenant decided that he could not work for the landlord anymore and started looking for another job and another place to live.
The tenant said that in July 2024 the landlord arrived at the premises with a letter saying that there were rent arrears and that the tenant should pay the arrears or leave. The tenant said that the landlord accepted that the tenant was owed $6,975.00 in wages.
The letter referred to by the tenant is a 14 day breach notice issued by the landlord. The letter states in part “We are aware that we still need to pay you for your contract work. The total amount outstanding for your contract wages is $6,795.”
The rent summary provided to the Tribunal by the landlord makes no reference to a deduction of $6,795 .00 from the amount owing by the tenant for rent.
Having reviewed the evidence, the Tribunal accepts that rent is owing to 25 August 2024. The rent to that date totals $19,964.29 (being the $20,050.00 referred to in the rent summary to 26 August 2024 less one days rent).
A further $6,975.00 is to be deducted under the service tenancy arrangement entered into by the parties. The total being $12,989.29 for rent arrears.
The landlord also seeks compensation for power use by the tenant for the period between January 2023 and 1 March 2024. The amount totals $7,156.22. The account was transferred to the tenant’s name after that date. The tenant is ordered to pay $7,156.22.
As Dave Clemence has substantially succeeded with the claim, the tenant is ordered to reimburse the filing fee.

Tenancy Tribunal case 4945740 — Rent arrears at 51 Sneyd Street, Kaiapoi, Kaiapoi 7630

At a glance

Tenancy Tribunal case 4945740 — Rent arrears at 51 Sneyd Street, Kaiapoi, Kaiapoi 7630

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions