What was the outcome of Tenancy Tribunal case 4534671?

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

How much money was awarded in case 4534671?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $132.00 awarded to landlord; Replace Furnishings: Curtains: $237.00 awarded to landlord

What type of tenancy dispute was case 4534671?

The dispute type was not classified.

Where can I read the official tribunal order for case 4534671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9161482-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4534671?

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

How much money was awarded in case 4534671?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $132.00 awarded to landlord; Replace Furnishings: Curtains: $237.00 awarded to landlord

What type of tenancy dispute was case 4534671?

The dispute type was not classified.

Where can I read the official tribunal order for case 4534671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9161482-Tribunal_Order.pdf.

62 Wrigley Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4534671 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

62 Wrigley Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4534671 — 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 4534671 — net $389.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$132.00	Lawns and Garden work
Replace furnishings: Curtains	$237.00	Replace furnishings: Curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$389.44
Total payable by Tenant to Landlord	$389.44

Claims and awards for application 4534671 — net $389.44 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $132.00
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: Curtains

Amount: $237.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Filing fee reimbursement

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

Net award

Landlord $389.44

Total payable by Tenant to Landlord

Landlord $389.44

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
ZOEY Waru must pay Hardeep Kaur Toor and Shamsha Singh Toor $389.44 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
This matter was part heard on 25 May 2023 and orders made for rent arrears and release of the bond. The matter was adjourned for consideration of landlord claims for cleaning, locks and compensation for damage.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided two invoices. One invoice was for rubbish removal, general cleaning, trailer hire, dumping and labour. The invoice is from “Eco Pristine Clean”. The invoice is on a Max Stationery invoice number B 0106658.
A second invoice was provided for lock replacement, wall repair and painting, window latches and labour. The invoice is from “HH Handman”. The invoice is on Max Stationery invoice number B 0106659.
I considered it most unusual that there would be two invoices from separate business entities on the same type of invoice, with consecutive invoice numbers, in what appeared to be identical handwriting.
I asked the landlord to explain this at the hearing. The landlord said she didn’t know why this was so, but would make enquiries with her husband.
The Tribunal has since received a response from the landlord saying that the same person had prepared the invoices. Given that the invoices are from two different business entities, that explanation alone is not sufficient to persuade me.
I enquired of the landlord again. The landlord said that Tenancy Services should contact the companies directly. The Tribunal responded by advising the landlord that the burden of proving the claim was on them. In the event that a further explanation was not received by the Tribunal by 4pm on Friday 21 July 2023, a decision would be made based on the evidence at hand by that time. No further explanation was received from the landlord.
The burden of proving the claim is on the landlord. They must prove the claim on the civil basis of the balance of probabilities, or the point where I am more satisfied than not. I am not satisfied by the invoices provided. The landlord has been given the opportunity to explain them. The explanation does not satisfy me and the claims under the two invoices are dismissed for lack of satisfactory evidence.
The landlord filed a claim for lawnmowing and provided a satisfactory invoice in evidence. The claim for $132.00 is reasonable in light of the photos provided and is proven
Curtains were missing at the end of the tenancy. The curtains were new on October 2022. The landlord has provided satisfactory invoices for $237.00 for replacements
As Hardeep Kaur Toor, Shamsha Singh Toor has substantially succeeded with the claim I have ordered the tenant to reimburse 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 4534671 — net $389.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$132.00	Lawns and Garden work
Replace furnishings: Curtains	$237.00	Replace furnishings: Curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$389.44
Total payable by Tenant to Landlord	$389.44

Claims and awards for application 4534671 — net $389.44 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $132.00
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: Curtains

Amount: $237.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Filing fee reimbursement

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

Net award

Landlord $389.44

Total payable by Tenant to Landlord

Landlord $389.44

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
ZOEY Waru must pay Hardeep Kaur Toor and Shamsha Singh Toor $389.44 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
This matter was part heard on 25 May 2023 and orders made for rent arrears and release of the bond. The matter was adjourned for consideration of landlord claims for cleaning, locks and compensation for damage.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided two invoices. One invoice was for rubbish removal, general cleaning, trailer hire, dumping and labour. The invoice is from “Eco Pristine Clean”. The invoice is on a Max Stationery invoice number B 0106658.
A second invoice was provided for lock replacement, wall repair and painting, window latches and labour. The invoice is from “HH Handman”. The invoice is on Max Stationery invoice number B 0106659.
I considered it most unusual that there would be two invoices from separate business entities on the same type of invoice, with consecutive invoice numbers, in what appeared to be identical handwriting.
I asked the landlord to explain this at the hearing. The landlord said she didn’t know why this was so, but would make enquiries with her husband.
The Tribunal has since received a response from the landlord saying that the same person had prepared the invoices. Given that the invoices are from two different business entities, that explanation alone is not sufficient to persuade me.
I enquired of the landlord again. The landlord said that Tenancy Services should contact the companies directly. The Tribunal responded by advising the landlord that the burden of proving the claim was on them. In the event that a further explanation was not received by the Tribunal by 4pm on Friday 21 July 2023, a decision would be made based on the evidence at hand by that time. No further explanation was received from the landlord.
The burden of proving the claim is on the landlord. They must prove the claim on the civil basis of the balance of probabilities, or the point where I am more satisfied than not. I am not satisfied by the invoices provided. The landlord has been given the opportunity to explain them. The explanation does not satisfy me and the claims under the two invoices are dismissed for lack of satisfactory evidence.
The landlord filed a claim for lawnmowing and provided a satisfactory invoice in evidence. The claim for $132.00 is reasonable in light of the photos provided and is proven
Curtains were missing at the end of the tenancy. The curtains were new on October 2022. The landlord has provided satisfactory invoices for $237.00 for replacements
As Hardeep Kaur Toor, Shamsha Singh Toor has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4534671 — Tenancy dispute at 62 Wrigley Road, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 4534671 — Tenancy dispute at 62 Wrigley Road, Fordlands, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions