What was the outcome of Tenancy Tribunal case 5004728?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 5004728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $14,949.28 awarded to landlord

What type of tenancy dispute was case 5004728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5004728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429394-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5004728?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 5004728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $14,949.28 awarded to landlord

What type of tenancy dispute was case 5004728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5004728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429394-Tribunal_Order.pdf.

7 Heke Street, Kaikohe 0405 Tenancy Tribunal Case 5004728 — Rent arrears

Reasons

Background

Claims and awards in Tenancy Tribunal application 5004728 — net $14,976.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$14,949.28	16. The landlord’s rent record establishes rent arrears of $14,949.28 to 13 September 2024, which is the date that they ceased managing the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,976.28
Total payable by Tenant to Landlord	$14,976.28

The tenant’s application raises issues relating to maintenance, healthy homes compliance, and harassment. The application was filed on 13 September 2024.

The landlord filed a cross-application on 29 November 2024 seeking rent arrears.

The applications were set down for a full day hearing in Kaikohe on 12 December 2024.

On the morning of that hearing, Ms King contacted the court and advised that she had been involved in an accident while travelling to Kaikohe for the hearing.

I granted an adjournment.

The applications were re-scheduled for a full day hearing in Kaikohe today, 13 February 2025. Notice of the hearing was sent to both parties on 14 January 2025.

Yesterday evening, Ms King sent a message to the Registrar stating that “I have court down here today”. The Registrar attempted to contact Ms King to clarify whether she was seeking an adjournment and whether she could possibly attend the hearing by phone. Ms King did not respond to multiple messages and phone calls.

I decided to proceed with the hearing today on the grounds that: a. There would have to be exceptional circumstances for the Tribunal to consider two “last minute” adjournments of full day fixtures. b. Ms King had ample notice of this hearing and also, presumably, her Court date in Auckland. Ms King had ample opportunity to request an adjournment. c. Ms King did not request an adjournment or provide any evidence in support of a request.

Ms Loane and Ms Timmins represented the landlord at the hearing. Tenant application

Ms King’s application seeks compensation and exemplary damages on the grounds that: a. The premises were in a poor state of repair (“rotten wall, black mould, rotten carpet”). b. The landlord did not meet the healthy homes standards (heating). c. The landlord harassed her (“constantly using any excuse to kick me out went and talked to my winz case manager Dorothy and got her to stop my rent redirection without my knowledge to get me kicked out. Physical assault.”)

Ms King did not provide any photographs or other evidence to show the rotten wall, black mould, rotten carpet.

Ms Timmins explained that the property complied with the healthy homes standard for heating because there was existing electrical heating in the main living area of the house and the required hearing compacity for that area is less than 2.4kW.

Ms Timmins and Ms Loane said that: a. They acted on instructions from the owner to take steps to terminate the tenancy. b. They spoke with Ms King’s case manager when they had ceased managing the property but Ms King failed to stop her WINZ payment to them. Ms King would contact their office seeking immediate re-payment of these rent payments, but she failed to take action to stop the re-direction. c. There was no physical assault.

My findings are that: a. As the agent for the landlord, Ray White was entitled to take lawful steps to terminate the tenancy. b. It was reasonable and appropriate for them to contact WINZ in the circumstances. c. There is no evidence of any physical assault.

The tenant’s application is dismissed. Landlord’s application

The landlord’s rent record establishes rent arrears of $14,949.28 to 13 September 2024, which is the date that they ceased managing the tenancy.

The landlord has been successful in their application, and I must also award the landlord the filing fee of $27.00.

Claims and awards in Tenancy Tribunal application 5004728 — net $14,976.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$14,949.28	16. The landlord’s rent record establishes rent arrears of $14,949.28 to 13 September 2024, which is the date that they ceased managing the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,976.28
Total payable by Tenant to Landlord	$14,976.28

Order

The tenant’s application is dismissed.
Alex Ewan Tudor King must pay Northland Circle Real Estate Limited $14,976.28 immediately, calculated as shown in table below.

Reasons

Background

The tenant’s application raises issues relating to maintenance, healthy homes compliance, and harassment. The application was filed on 13 September 2024.
The landlord filed a cross-application on 29 November 2024 seeking rent arrears.
The applications were set down for a full day hearing in Kaikohe on 12 December 2024.
On the morning of that hearing, Ms King contacted the court and advised that she had been involved in an accident while travelling to Kaikohe for the hearing.
I granted an adjournment.
The applications were re-scheduled for a full day hearing in Kaikohe today, 13 February 2025. Notice of the hearing was sent to both parties on 14 January 2025.
Yesterday evening, Ms King sent a message to the Registrar stating that “I have court down here today”. The Registrar attempted to contact Ms King to clarify whether she was seeking an adjournment and whether she could possibly attend the hearing by phone. Ms King did not respond to multiple messages and phone calls.
I decided to proceed with the hearing today on the grounds that: a. There would have to be exceptional circumstances for the Tribunal to consider two “last minute” adjournments of full day fixtures. b. Ms King had ample notice of this hearing and also, presumably, her Court date in Auckland. Ms King had ample opportunity to request an adjournment. c. Ms King did not request an adjournment or provide any evidence in support of a request.
Ms Loane and Ms Timmins represented the landlord at the hearing. Tenant application
Ms King’s application seeks compensation and exemplary damages on the grounds that: a. The premises were in a poor state of repair (“rotten wall, black mould, rotten carpet”). b. The landlord did not meet the healthy homes standards (heating). c. The landlord harassed her (“constantly using any excuse to kick me out went and talked to my winz case manager Dorothy and got her to stop my rent redirection without my knowledge to get me kicked out. Physical assault.”)
Ms King did not provide any photographs or other evidence to show the rotten wall, black mould, rotten carpet.
Ms Timmins explained that the property complied with the healthy homes standard for heating because there was existing electrical heating in the main living area of the house and the required hearing compacity for that area is less than 2.4kW.
Ms Timmins and Ms Loane said that: a. They acted on instructions from the owner to take steps to terminate the tenancy. b. They spoke with Ms King’s case manager when they had ceased managing the property but Ms King failed to stop her WINZ payment to them. Ms King would contact their office seeking immediate re-payment of these rent payments, but she failed to take action to stop the re-direction. c. There was no physical assault.
My findings are that: a. As the agent for the landlord, Ray White was entitled to take lawful steps to terminate the tenancy. b. It was reasonable and appropriate for them to contact WINZ in the circumstances. c. There is no evidence of any physical assault.
The tenant’s application is dismissed. Landlord’s application
The landlord’s rent record establishes rent arrears of $14,949.28 to 13 September 2024, which is the date that they ceased managing the tenancy.
The landlord has been successful in their application, and I must also award the landlord the filing fee of $27.00.

Tenancy Tribunal case 5004728 — Rent arrears at 7 Heke Street, Kaikohe 0405

At a glance

Tenancy Tribunal case 5004728 — Rent arrears at 7 Heke Street, Kaikohe 0405

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions