What was the outcome of Tenancy Tribunal case 4527370?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4527370?

9 Skip Bins: $3,405.04 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $4,628.75 awarded to landlord

What type of tenancy dispute was case 4527370?

The dispute type was not classified.

Where can I read the official tribunal order for case 4527370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9223008-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4527370?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4527370?

9 Skip Bins: $3,405.04 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $4,628.75 awarded to landlord

What type of tenancy dispute was case 4527370?

The dispute type was not classified.

Where can I read the official tribunal order for case 4527370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9223008-Tenancy_Tribunal_Order.pdf.

127 Pomona Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4527370 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4527370 — net $7,646.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and lawn/garden work	$4,628.75	Rubbish removal and lawn/garden work
9 skip bins	$3,405.04	9 skip bins
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,646.73
Total payable by Tenant to Landlord	$7,646.73

This application was scheduled to be heard at the Invercargill District Court. However this was changed and the parties were advised that it was to be heard by teleconference. The tenant did not answer when called and so the hearing proceeded in her absence.

The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

The first issue to be dealt with is whether the tenant has been served notice of the hearing as required by the Residential Tenancies Act 1986. Service on the tenant

This application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.

The application has not been served in accordance with these requirements.

If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.

The evidence shows that the landlord has made numerous attempts to contact the tenant by email and by phone but to no avail. I see that the landlord enlisted the help of the tenant’s case manager at WINZ who also tried to contact the tenant regarding this tenancy, and again made no progress.

I am satisfied that all reasonable attempts have been made to communicate with Ms Evans and so I direct that service be dispensed with and for the hearing to go ahead today.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The numerous photographs provided as evidence indicate that Ms Evans left the premises in an egregious condition, particularly in terms of the rubbish left behind both inside and outside the house. The evidence shows that it took a considerable number of weeks and 9 skip bins just to deal with the rubbish removal and remediating the outside of the premises in terms of the lawns and garden.

The amounts ordered are proved with invoices.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord’s claim for damages is dismissed because the work to repair the claimed damage was never done and the house was sold in early May 2023. There was no evidence to show that there was any loss in the value of the house caused by the damage done by the tenant. Filing fee reimbursement

I am ordering Ms Evans to reimburse the filing fee to Todd Realty Limited As Agent For Graham Waddell because they have substantially succeeded in the claim against her, C ter Haar 26 July 2023

Claims and awards in Tenancy Tribunal application 4527370 — net $7,646.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and lawn/garden work	$4,628.75	Rubbish removal and lawn/garden work
9 skip bins	$3,405.04	9 skip bins
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,646.73
Total payable by Tenant to Landlord	$7,646.73

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Sarah Evans must pay Todd Realty Limited As Agent For Graham Waddell $7,646.73 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard at the Invercargill District Court. However this was changed and the parties were advised that it was to be heard by teleconference. The tenant did not answer when called and so the hearing proceeded in her absence.
The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
The first issue to be dealt with is whether the tenant has been served notice of the hearing as required by the Residential Tenancies Act 1986. Service on the tenant
This application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
The application has not been served in accordance with these requirements.
If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.
The evidence shows that the landlord has made numerous attempts to contact the tenant by email and by phone but to no avail. I see that the landlord enlisted the help of the tenant’s case manager at WINZ who also tried to contact the tenant regarding this tenancy, and again made no progress.
I am satisfied that all reasonable attempts have been made to communicate with Ms Evans and so I direct that service be dispensed with and for the hearing to go ahead today.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The numerous photographs provided as evidence indicate that Ms Evans left the premises in an egregious condition, particularly in terms of the rubbish left behind both inside and outside the house. The evidence shows that it took a considerable number of weeks and 9 skip bins just to deal with the rubbish removal and remediating the outside of the premises in terms of the lawns and garden.
The amounts ordered are proved with invoices.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord’s claim for damages is dismissed because the work to repair the claimed damage was never done and the house was sold in early May 2023. There was no evidence to show that there was any loss in the value of the house caused by the damage done by the tenant. Filing fee reimbursement
I am ordering Ms Evans to reimburse the filing fee to Todd Realty Limited As Agent For Graham Waddell because they have substantially succeeded in the claim against her, C ter Haar 26 July 2023

Tenancy Tribunal case 4527370 — Tenancy dispute at 127 Pomona Street, Strathern, Invercargill 9812

At a glance

Tenancy Tribunal case 4527370 — Tenancy dispute at 127 Pomona Street, Strathern, Invercargill 9812

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions