How much money was awarded in case 4964035?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4964035?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Healthy homes, Boarding House.

Where can I read the official tribunal order for case 4964035?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878883-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4964035?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4964035?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Healthy homes, Boarding House.

Where can I read the official tribunal order for case 4964035?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878883-Tenancy_Tribunal_Order.pdf.

Room 10, 19A Rosehill Place, Nawton, Hamilton 3200 Tenancy Tribunal Case 4964035 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4964035?

The tribunal order states: A 320 minute in person hearing is to be set before me in the Hamilton District

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Order

A 320 minute in person hearing is to be set before me in the Hamilton District Court at a date and time to be scheduled by Tenancy Services.

The parties will be advised of the scheduled hearing in due course.

If the landlord is to file a cross application, it is to be done in good time to be received by Tenancy Services and served on the tenant before the substantive hearing.

If the landlord is not attending the hearing himself, he must apply for a representative to appear on his behalf before the next scheduled hearing.

Reasons

Both parties attended the hearing.

For the convenience of this hearing, I will accept Mr Slater as the “landlord’s representative.” The landlord is David Boyd.

This is a case conference of a boarding house tenancy. The tenant has filed an application, and this hearing is a case conference to define the issues and assess an appropriate amount of time for the substantive hearing.

The landlord, David Boyd, is presently living in the Philippines and sent another tenant, Jordon Slater to represent him at the hearing. Mr Slater has been residing at the boarding house since 2019 and has been helping the landlord with issues arising with tenants, while he is overseas.

Mr Slater advised that the landlord is intending to file a cross application as there are rent arrears and he is seeking termination of the tenancy.

If the landlord is intending to file a cross application, he must do so in plenty of time before the next scheduled in person hearing of this matter. The tenant application and the cross application would be heard together.

The tenant raised the following claims: -The landlord breached the Residential Tenancies Act 1986 (RTA) by not providing a signed written copy of the Tenancy Agreement at the commencement of the tenancy (s13 RTA) -The landlord did not appoint an agent when he was out of the country for more than 21 days (s16A RTA) -The landlord breached the tenant’s quiet enjoyment of the tenancy by requiring the tenants to advise who is visiting the property and provide details of their visitors to the landlord (s38 RTA) -The landlord has breached his responsibility to maintain the property, comply with smoke alarm and healthy homes standards. (s45 RTA). -The landlord has served the tenant with a retaliatory notice of termination (s54 RTA). -Tenant seeks compensation for loss of amenities, no running water for two days. -Breach of a work order -Declaration that the property is an unlawful residential premises.

These may not be an exhaustive list of claims, and the tenant may have other issues that I have not identified. If the landlord files a cross application the issues will become broader than what I have set out above.

If the landlord is to seek a representative to appear on his behalf at the substantive hearing, the representative must be fully conversant with the issues and claims that need to be determined. If the representative is not able to fully assist at the hearing with responses to the claims, it may be detrimental to the outcome for the landlord.

Both parties want an in-person hearing. Given the claims and the potential for the cross application, I am going to set this down for a 320-minute hearing before me at the Hamilton District Court.

If either party wishes to have evidence heard at the hearing from witnesses, it is for that person to make the arrangements with their witnesses to be available in person or on the phone.

The parties will be advised of the next hearing date.

Order

A 320 minute in person hearing is to be set before me in the Hamilton District Court at a date and time to be scheduled by Tenancy Services.

The parties will be advised of the scheduled hearing in due course.

If the landlord is to file a cross application, it is to be done in good time to be received by Tenancy Services and served on the tenant before the substantive hearing.

If the landlord is not attending the hearing himself, he must apply for a representative to appear on his behalf before the next scheduled hearing.

Reasons

Both parties attended the hearing.

For the convenience of this hearing, I will accept Mr Slater as the “landlord’s representative.” The landlord is David Boyd.

Mr Slater advised that the landlord is intending to file a cross application as there are rent arrears and he is seeking termination of the tenancy.

Both parties want an in-person hearing. Given the claims and the potential for the cross application, I am going to set this down for a 320-minute hearing before me at the Hamilton District Court.

If either party wishes to have evidence heard at the hearing from witnesses, it is for that person to make the arrangements with their witnesses to be available in person or on the phone.

The parties will be advised of the next hearing date.

Tenancy Tribunal case 4964035 — Rent arrears at Room 10, 19A Rosehill Place, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 4964035 — Rent arrears at Room 10, 19A Rosehill Place, Nawton, Hamilton 3200

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions