How much money was awarded in case 4500354?

Compensation: Jumper Disposed Of: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4500354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4500354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9412335-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4500354?

Compensation: Jumper Disposed Of: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4500354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4500354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9412335-Tribunal_Order_Redacted.pdf.

87 Rathgar Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4500354 — Tenancy dispute

Q: What was Tenancy Tribunal case 4500354 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4500354 — net $170.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Jumper disposed of	$150.00	Jumper disposed of
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$170.44
Bond	$525.00
Total payable by Landlord to Tenant	$170.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Room Renter Limited Jade Wood must pay [The tenant/s] $170.44 immediately.

The Bond Centre is to pay the bond of $525.00 ([Bond number suppressed]) to [The tenant/s] immediately.

The tenant’s claim for exemplary damages is dismissed.

The landlord’s claims are dismissed.

Reasons

Both parties attended the hearing.

The tenancy began on 13 July 2020 and ended on 14 January 2023.

The tenant applied for refund of bond, compensation and exemplary damages following the end of the tenancy.

The landlord applied for rent arrears and compensation for damaged carpet. Tenant application

The tenant claimed in respect of a jumper which he says the landlord disposed of without his knowledge or consent. According to the evidence the jumper had sentimental value to the tenant as it was given to him by an ex-partner who has since passed away.

The evidence is that the tenant had hung the jumper on some trellis fencing near where he parked his car. It had been muddy, so he had hosed it down and hung it to dry.

The initial evidence of the landlord was that he was not aware that the jumper belonged to the tenant. He said it was covered in mould. The landlord spoke to another tenant who confirmed that it belonged to the tenant, so he did know it belonged to the tenant. The landlord said he did not touch it and instead it was disposed of by Jade Wood, an agent of the landlord, who is the person who gave the tenant notice for the tenancy to end.

The landlord submitted a copy of the tenancy agreement which includes a page with “flat rules”. This version of the tenancy agreement differs from that submitted earlier to the Tribunal by both the tenant and the landlord. The landlord referred to the part of the rules which states, “You can’t leave personal stuff in communal spaces unless the landlord/agent agrees”. The landlord said that when this happens, they usually give the tenant notice to remove their items. The landlord did not have evidence of the tenant receiving any notice.

The landlord has admitted disposing of a significant item belonging to the tenant. As it has sentimental value it is hard to put a monetary value on it. However, I consider that an amount of $150.00 is reasonable. While this may exceed the actual value of the item it also has sentimental value to the tenant and is a recognition of that.

While the tenant applied for exemplary damages there is insufficient evidence to support the claim and therefore it is dismissed.

The bond is released to the tenant. Landlord application

The landlord applied for rent arrears of $51.00. The landlord did not produce an adequate rent summary to prove that this amount was owed.

The document produced by the landlord included amounts sought from the tenant which were not related to the proceedings before me. Due to a lack of evidence the claim for rent arrears is dismissed.

The landlord claimed the cost of replacing the carpet in the room rented by the tenant. The landlord stated that the replacement was due to carpet stains, including pet stains. After the tenant left the landlord took a photograph of the carpet. He said that the carpet was cleaned but still needed replacing. Unfortunately, the landlord did not produce a photograph of the carpet after the cleaning.

The landlord started renting out the premises in 2016. The carpet has not been replaced since then. That means that the carpet is at least 7 years old.

The tenant states that before he vacated the premises, he arranged for the carpet to be commercially cleaned. That would have been on either the 11 th or 12 th of January 2023. He then moved out. He says that he left the window and door of the room open to air the damp carpet after being cleaned. He returned to the tenancy on 14 January 2023. He noticed that the door and window were closed which he says explains the musty smell of the carpet.

The tenant says that there were stains on the carpet at the beginning of the tenancy. I note that the photograph on the landlord’s phone from the beginning of the tenancy does not clearly show the condition of the carpet.

The tenant acknowledged that he had his dog, which usually lives at his parents’ home, at the tenancy on approximately four occasions. He says the dog never stayed the night at the premises. He had the dog on these occasions as he was taking it to the vet. He denies that the dog was responsible for any urine staining.

I am not satisfied on the evidence that the tenant is responsible for the cost of replacing the carpet. I note that the room has been re-tenanted, and it is eight months since the tenant moved out and the carpet has not been replaced. The landlord’s claim for the cost of replacing the carpet is dismissed.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the tenant’s name.

Order

Claims and awards in Tenancy Tribunal application 4500354 — net $170.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Jumper disposed of	$150.00	Jumper disposed of
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$170.44
Bond	$525.00
Total payable by Landlord to Tenant	$170.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Room Renter Limited Jade Wood must pay [The tenant/s] $170.44 immediately.

The Bond Centre is to pay the bond of $525.00 ([Bond number suppressed]) to [The tenant/s] immediately.

The tenant’s claim for exemplary damages is dismissed.

The landlord’s claims are dismissed.

Reasons

Both parties attended the hearing.

The tenancy began on 13 July 2020 and ended on 14 January 2023.

The tenant applied for refund of bond, compensation and exemplary damages following the end of the tenancy.

The landlord applied for rent arrears and compensation for damaged carpet. Tenant application

The evidence is that the tenant had hung the jumper on some trellis fencing near where he parked his car. It had been muddy, so he had hosed it down and hung it to dry.

While the tenant applied for exemplary damages there is insufficient evidence to support the claim and therefore it is dismissed.

The bond is released to the tenant. Landlord application

The landlord applied for rent arrears of $51.00. The landlord did not produce an adequate rent summary to prove that this amount was owed.

The document produced by the landlord included amounts sought from the tenant which were not related to the proceedings before me. Due to a lack of evidence the claim for rent arrears is dismissed.

The landlord started renting out the premises in 2016. The carpet has not been replaced since then. That means that the carpet is at least 7 years old.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the tenant’s name.

Tenancy Tribunal case 4500354 — Tenancy dispute at 87 Rathgar Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4500354 — Tenancy dispute at 87 Rathgar Road, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Key findings

Frequently asked questions