What was the outcome of Tenancy Tribunal case 5286180?

The tribunal order states: Cameron Wallace and Raewyn Wallace owe Upper House Property

How much money was awarded in case 5286180?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,484.25 awarded to landlord

What type of tenancy dispute was case 5286180?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5286180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13032607-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5286180?

The tribunal order states: Cameron Wallace and Raewyn Wallace owe Upper House Property

How much money was awarded in case 5286180?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,484.25 awarded to landlord

What type of tenancy dispute was case 5286180?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5286180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13032607-Tenancy_Tribunal_Order.pdf.

21A Sunkist Bay Road, Beachlands, Auckland 2018 Tenancy Tribunal Case 5286180 — Rent arrears

Reasons

Background

Claims and awards in Tenancy Tribunal application 5286180 — net $1,511.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2024	$1,484.25	Rent arrears to 24 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,511.25
Total payable by Tenant to Landlord	$1,511.25

Both parties attended the hearing.

The landlord claims rent arrears following the release of the bond. Specifically, the landlord seeks $1,484.25 in outstanding rent arrears, after the tenants agreed to apply the bond of $1,290.00 towards total arrears.

The tenants accept that some rent arrears are owed but dispute the exact amounts, raising concerns about alleged: a. Inconsistent figures provided by various staff of the landlord, a property management company; b. Breach notices issued for periods not yet due; and c. Receipt of another tenant’s rental information when requesting proof of their supposed arrears.

The tenants, although noting other tenancy issues they are not pursuing, are willing to pay any arrears actually owed.

The Tribunal adjourned the hearing to allow tenants to provide evidence regarding the disputed rent, for the landlord to confirm or contest.

The Tribunal has reviewed additional evidence provided by the tenants, including bank payment confirmations, notes, emails, and text messages between the parties.

The only issue for determination is the actual amount owed by the tenants.

How much rent do the tenants owe?

Section 30(1)(b) of the Residential Tenancies Act 1986 requires landlords to keep accurate records of rent payments received, including amounts and dates, to allow both parties to determine what is owed.

The landlord supplied an updated rent summary. Weekly rent was $470.00. The tenants generally paid in full, making up any missed payments either fully or through multiple subsequent partial payments.

The landlord applied payments in the rent summary to the week they were received rather than the week the rent was due. Further, partial or multiple payments were not clearly reflected to the period of rent due. Combined, this approach by the landlord caused earlier unpaid weeks to remain marked as arrears and later weeks to appear unpaid, making the arrears position unclear at any one given point.

This approach could explain why tenants disputed the amounts claimed; the records did not clearly reflect actual arrears or payments for each rental period.

The Tribunal therefore had to verify that all tenant-provided payment confirmations were recorded in the rent summary, though the corresponding arrears were not entirely clear.

Reviewing the landlord’s updated rent summary from 1 May 2024 (when relevant arrears began) to 24 December 2024 (end of tenancy): DescriptionLandlordTenant 34 weekly $470 rental payments owed 1/5/24-24/12/24$15,980.00 Less: 27 rental payments of $470 each Less: 4 additional payments ($250+$85.75+$80+$100) Arrears at tenancy end Less: Bond released to landlord $2,774.25 $12,690.00 $515.75 $1,290.00 Total arrears owed by tenants$1,484.25

The arrears claimed match the amount sought by the landlord. There is no evidence of mis-recorded payments in the rent summary. The landlord’s application is therefore successful. The tenants noted difficulty in obtaining older bank records; if they later obtain relevant evidence, they may apply for a rehearing to present it, though this ability should not be taken as a guarantee of a different outcome; however, the parties should note the ability and framework for doing so in the information contained at the end of this Order. Filing fee

The filing fee of $27.00 is reimbursed to the landlord as its claim was fully successful.

Claims and awards in Tenancy Tribunal application 5286180 — net $1,511.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2024	$1,484.25	Rent arrears to 24 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,511.25
Total payable by Tenant to Landlord	$1,511.25

Order

Cameron Wallace and Raewyn Wallace owe Upper House Property Management Limited $1,511.25 as calculated below:

Reasons

Background

Both parties attended the hearing.
The landlord claims rent arrears following the release of the bond. Specifically, the landlord seeks $1,484.25 in outstanding rent arrears, after the tenants agreed to apply the bond of $1,290.00 towards total arrears.
The tenants accept that some rent arrears are owed but dispute the exact amounts, raising concerns about alleged: a. Inconsistent figures provided by various staff of the landlord, a property management company; b. Breach notices issued for periods not yet due; and c. Receipt of another tenant’s rental information when requesting proof of their supposed arrears.
The tenants, although noting other tenancy issues they are not pursuing, are willing to pay any arrears actually owed.
The Tribunal adjourned the hearing to allow tenants to provide evidence regarding the disputed rent, for the landlord to confirm or contest.
The Tribunal has reviewed additional evidence provided by the tenants, including bank payment confirmations, notes, emails, and text messages between the parties.
The only issue for determination is the actual amount owed by the tenants.

How much rent do the tenants owe?

Section 30(1)(b) of the Residential Tenancies Act 1986 requires landlords to keep accurate records of rent payments received, including amounts and dates, to allow both parties to determine what is owed.
The landlord supplied an updated rent summary. Weekly rent was $470.00. The tenants generally paid in full, making up any missed payments either fully or through multiple subsequent partial payments.
The landlord applied payments in the rent summary to the week they were received rather than the week the rent was due. Further, partial or multiple payments were not clearly reflected to the period of rent due. Combined, this approach by the landlord caused earlier unpaid weeks to remain marked as arrears and later weeks to appear unpaid, making the arrears position unclear at any one given point.
This approach could explain why tenants disputed the amounts claimed; the records did not clearly reflect actual arrears or payments for each rental period.
The Tribunal therefore had to verify that all tenant-provided payment confirmations were recorded in the rent summary, though the corresponding arrears were not entirely clear.
Reviewing the landlord’s updated rent summary from 1 May 2024 (when relevant arrears began) to 24 December 2024 (end of tenancy): DescriptionLandlordTenant 34 weekly $470 rental payments owed 1/5/24-24/12/24$15,980.00 Less: 27 rental payments of $470 each Less: 4 additional payments ($250+$85.75+$80+$100) Arrears at tenancy end Less: Bond released to landlord $2,774.25 $12,690.00 $515.75 $1,290.00 Total arrears owed by tenants$1,484.25
The arrears claimed match the amount sought by the landlord. There is no evidence of mis-recorded payments in the rent summary. The landlord’s application is therefore successful. The tenants noted difficulty in obtaining older bank records; if they later obtain relevant evidence, they may apply for a rehearing to present it, though this ability should not be taken as a guarantee of a different outcome; however, the parties should note the ability and framework for doing so in the information contained at the end of this Order. Filing fee
The filing fee of $27.00 is reimbursed to the landlord as its claim was fully successful.

Tenancy Tribunal case 5286180 — Rent arrears at 21A Sunkist Bay Road, Beachlands, Auckland 2018

At a glance

Tenancy Tribunal case 5286180 — Rent arrears at 21A Sunkist Bay Road, Beachlands, Auckland 2018

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much rent do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions