Tenant wins compensation for rent arrears and damages

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[2025] NZTT 4979069

TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Tribunal’s previous order of 29 August 2024 (in application 4587354) is replaced with this order.

2. [NAME] must pay [NAME] $1,170.58 immediately, calculated as shown in the table below.

3. [COMPANY] is to pay the bond of $970.00 to [NAME] immediately.

Description Landlord Tenant Rent arrears before deduction of bond $4,772.86 Previous order application 4587354 dated 29/08/2024 $5,970.44 Filing fee reimbursement $27.00 Total award $4,799.86 $5,970.44 Net award $1,170.58 Bond to be paid to tenant $970.00 Total payable by Landlord to Tenant $1,170.58

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Reasons:

1. Both parties attended the telephone hearing on 20 February 2025.

Procedural history

2. There have been various applications and hearings:

• On 11 April 2024 the Tribunal ordered the landlord to pay compensation and exemplary damages totalling $5,520.44 (including the filing fee).

• Both parties applied for a rehearing.

• On 29 August 2024 the Tribunal replaced the 11 April 2024 order with a new order awarding compensation and exemplary damages to the tenant totalling $5,970.44 (including the filing fee). The difference arose because the Tribunal granted a rehearing of the tenant’s claim for non- lodgement of the bond and then awarded $450.00 in exemplary damages. The rehearing applications were otherwise dismissed.

• The tenant filed a second rehearing application. This was dismissed on the papers pursuant to an order dated 13 November 2024.

• In the meantime, on 21 August 2024, the landlord filed an application for rent arrears in the sum of $4,087.32. The landlord raised a multitude of other issues but confirmed to the Tribunal at the case conference on 15 January 2025 (as he did again at the hearing) that he is only seeking an order for rent arrears.

• The landlord’s application was heard on 20 February 2025.

Background

3. The tenancy agreement provided for a weekly rent of $485.00 to be paid direct from WINZ and a bond of $970.00. The bond is at [COMPANY] (see the Tribunal’s order dated 29 August 2024). The agreement provided the account details for the landlord’s family trust.

4. The periodic tenancy was expressed to start from 31 March 2023. The tenancy ended on 2 July 2023.

Rent arrears

5. In the documents provided by the tenant there is a list of rent payments totalling $2,425.00. The arrears are recorded as $4,087.32. There is also a rent summary provided by the landlord (marked “15d”) which identifies payments of $2,425.00 and calculates the rent arrears to 2 July 2023 as $4,233.00.

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6. The rent due from 31 March 2023 to 2 July 2023 (13 weeks and 3 days) I calculate as being $6,512.86.

7. After the hearing the landlord provided bank statements showing the relevant period, as requested. The statements show payments of $970.00 by WINZ on 31 March and 13 April 2023, and payments of $385.00 from the tenant on 24 and 31 May 2023. The payments total $2,710.00.

8. There are discrepancies between the bank records and the rent summary. The rent summary does not record a payment of $970.00 on 13 April 2023 (there is instead a payment of $300.00 on 19 April 2023 and $385.00 on 27 April 2023). The two payments of $385.00 in May 2023 are recorded (although they are mis- dated as having been made in April). I consider that the bank statements are a more reliable guide to the rent paid than the rent summary.

9. The tenant’s total liability for rent during the tenancy was $6,512.86. The first payment of $970.00 was for 2 weeks of rent in advance and the second payment of $970.00 was for the bond. Deducting the remaining payments of $1,740.00 as shown in the bank records leaves rent owing of $4,772.86.

10. The tenant referred to a handwritten letter dated 31 March 2023 addressed to WINZ. In submissions filed before the hearing, the tenant said the letter was prepared by her in the presence of the landlord to support her application to WINZ. The letter said that the rent was $485.00 per week, inclusive of water and storage cost. The tenant said that $100.00 of the weekly rent was agreed to be paid for a storage facility for her belongings. This agreement was not honoured, so the tenant started to deduct storage fees from the rent payments. There is an automatic payment authority for the tenant’s bank to pay the landlord $385.00 weekly from 24 May 2023.

11. The tenant also said she did not get the key until 22 April 2023. There is a text message on 22 April 2023 in which the tenant asks the landlord to “bring your key to the tiny house back so I can lock up what’s in there…”. She served a notice to remedy issues with the ramp to the front door on 29 April 2023.

12. The tenant said some of the rent payments were in cash. There is a timeline of events (in file 4587354) where the tenant comments that ASB’s restrictive banking policies would not allow a third party (i.e., the tenant) to deposit by EFTPOS or cash. The same comment was made by the tenant on page 4 of a bundle of documents filed prior to the hearing.

13. As to storage costs, there is nothing in writing showing that the parties agreed part of the rent would be redirected by the landlord for storage costs. The tenant provided an email from the [COMPANY] confirming that she had a storage unit with them between March and August 2023. The evidence does not reveal where payments for the unit were coming from. While the 31 March 2023 letter refers to storage, the landlord said he had not seen the letter before the

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Tribunal proceedings and his name was printed, not signed. The tenant said the landlord refused to sign it. I am not satisfied on the evidence that $100.00 should be deducted from the weekly rent for storage costs.

14. The text message on 22 April 2023 suggests that the tenant had been able to access the premises to store belongings. The evidence does not cogently show that the tenant did not have vacant possession at the start of the tenancy.

15. The tenant said some of the rent payments were in cash, but this seems to be contradicted by her comments about ASB’s policies. The bank statements do not obviously show any cash deposits, and the tenant has not identified which payments were by cash. I am unable to establish that there were cash payments made which have not been recorded or credited by the landlord.

Net award to tenant

16. The ultimate outcome of these proceedings is that the tenant has been awarded $5,970.44 and the landlord has been awarded $4,772.86 plus the filing fee of $27.00. The net amount is awarded to the tenant and replaces the previous awards. Because the tenant is a net creditor, the bond is refunded to the tenant.

Filing fee

17. The landlord’s application has been successful. I award the filing fee.

18. Neither party has been “wholly or substantially” successful. I decline to grant suppression.

[NAME]

07 March 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: