What was Tenancy Tribunal case 4480088 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4480088?

Compensation: $153.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4480088?

The dispute type was not classified.

Where can I read the official tribunal order for case 4480088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8717067-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4480088 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4480088?

Compensation: $153.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4480088?

The dispute type was not classified.

Where can I read the official tribunal order for case 4480088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8717067-Tribunal_Order_Redacted.pdf.

Room 0230, 110 Grafton Road, Grafton, Auckland 1010, Tenancy Tribunal Case 4480088 — Tenancy dispute

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Room 0230, 110 Grafton Road, Grafton, Auckland 1010, Tenancy Tribunal Case 4480088 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4480088 — net $173.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for 2 x card games	$153.00	Compensation for 2 x card games
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$173.44
Total payable by Landlord to Tenant	$173.44

Claims and awards for application 4480088 — net $173.44 NZD. Verify on MoJ.

Compensation for 2 x card games

Amount: $153.00
Awarded to: Tenant
Reason: Compensation for 2 x card games

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $173.44

Total payable by Landlord to Tenant

Tenant $173.44

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The tenant’s application for a declaration is dismissed.
Crockers Property Management Limited as Agent for TMF Grafton Limited must pay [The tenant/s] $173.44 immediately, calculated as shown in table below: DescriptionTenant Compensation for 2 x card games$153.00 Filing fee reimbursement$20.44 Total payable by Landlord to Tenant$173.44

Reasons

Both parties attended the hearing.
The tenant claims the landlord disposed of property left in the common areas in breach of its House Rules which allow a 48 hour “grace” period during which lost property must be claimed.
The landlord provided CCTV stills showing the items left on a table in the common area and submits that it was rubbish that was thrown away and not the tenant’s games.
The images clearly show the games left on the table in the common area. Given that the landlord accepts that all the items on the table were thrown away, I conclude that the games were disposed of by the landlord.
The time stamps on the CCTV stills shows the items were left shortly after midnight and disposed of around 8am the same day, giving the tenant less that 8 hours to reclaim his property. The time of night is significant as it further removed the tenant’s ability to realise his mistake and collect the items.
The landlord says no compensation is payable as there is no evidence that the card games claimed are the same as those left on the table. It is not possible to read the title of the games in the CCTV stills.
However, the tenant has given viva voce evidence that the games claimed are those the same ones that were left on the table. I accept the tenant’s evidence in this respect.
The tenant also sought a declaration that the landlord’s policy of disposing of lost property after 48 hours is unlawful and a breach of quiet enjoyment. I do not accept this is the case. The landlord is managing several tenants and several rooms. Rules are required to ensure the smooth running of the boarding house, and so that the common areas can be enjoyed by all residents.
That said, the Landlord must follow its own rules meticulously. There was a clear breach in this case, and the landlord’s approach to the matter was entirely unhelpful.
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4480088 — net $173.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for 2 x card games	$153.00	Compensation for 2 x card games
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$173.44
Total payable by Landlord to Tenant	$173.44

Claims and awards for application 4480088 — net $173.44 NZD. Verify on MoJ.

Compensation for 2 x card games

Amount: $153.00
Awarded to: Tenant
Reason: Compensation for 2 x card games

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $173.44

Total payable by Landlord to Tenant

Tenant $173.44

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The tenant’s application for a declaration is dismissed.
Crockers Property Management Limited as Agent for TMF Grafton Limited must pay [The tenant/s] $173.44 immediately, calculated as shown in table below: DescriptionTenant Compensation for 2 x card games$153.00 Filing fee reimbursement$20.44 Total payable by Landlord to Tenant$173.44

Reasons

Both parties attended the hearing.
The tenant claims the landlord disposed of property left in the common areas in breach of its House Rules which allow a 48 hour “grace” period during which lost property must be claimed.
The landlord provided CCTV stills showing the items left on a table in the common area and submits that it was rubbish that was thrown away and not the tenant’s games.
The images clearly show the games left on the table in the common area. Given that the landlord accepts that all the items on the table were thrown away, I conclude that the games were disposed of by the landlord.
The time stamps on the CCTV stills shows the items were left shortly after midnight and disposed of around 8am the same day, giving the tenant less that 8 hours to reclaim his property. The time of night is significant as it further removed the tenant’s ability to realise his mistake and collect the items.
The landlord says no compensation is payable as there is no evidence that the card games claimed are the same as those left on the table. It is not possible to read the title of the games in the CCTV stills.
However, the tenant has given viva voce evidence that the games claimed are those the same ones that were left on the table. I accept the tenant’s evidence in this respect.
The tenant also sought a declaration that the landlord’s policy of disposing of lost property after 48 hours is unlawful and a breach of quiet enjoyment. I do not accept this is the case. The landlord is managing several tenants and several rooms. Rules are required to ensure the smooth running of the boarding house, and so that the common areas can be enjoyed by all residents.
That said, the Landlord must follow its own rules meticulously. There was a clear breach in this case, and the landlord’s approach to the matter was entirely unhelpful.
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4480088 — Tenancy dispute at Room 0230, 110 Grafton Road, Grafton, Auckland 1010,

At a glance

Tenancy Tribunal case 4480088 — Tenancy dispute at Room 0230, 110 Grafton Road, Grafton, Auckland 1010,

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