What was the outcome of Tenancy Tribunal case 4564630?

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

How much money was awarded in case 4564630?

Previous Order Application 4345125 D…: $20.44 awarded to landlord; Rent Arrears: $1,082.86 awarded to landlord; Rubbish Removal: $1,572.00 awarded to landlord

What type of tenancy dispute was case 4564630?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192095-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4564630?

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

How much money was awarded in case 4564630?

Previous Order Application 4345125 D…: $20.44 awarded to landlord; Rent Arrears: $1,082.86 awarded to landlord; Rubbish Removal: $1,572.00 awarded to landlord

What type of tenancy dispute was case 4564630?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192095-Tenancy_Tribunal_Order.pdf.

1 Waitote Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4564630 — Rent arrears

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1 Waitote Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4564630 — Rent arrears | 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 4564630 — net $995.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,082.86	Rent arrears
Previous order application 4345125 dated 20/07/2023	$20.44	Previous order application 4345125 dated 20/07/2023
Rubbish removal: and cleaning	$1,572.00	Rubbish removal: and cleaning
Net award	$995.30
Total payable by Tenant to Landlord	$995.30

Claims and awards for application 4564630 — net $995.30 NZD. Verify on MoJ.

Rent arrears

Amount: $1,082.86
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4345125 dated 20/07/2023

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4345125 dated 20/07/2023

Rubbish removal: and cleaning

Amount: $1,572.00
Awarded to: Landlord
Reason: Rubbish removal: and cleaning

Net award

Landlord $995.30

Total payable by Tenant to Landlord

Landlord $995.30

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joshua Kata must pay Property Brokers Limited As Agent For Andrew Mulholland $995.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (5314833-008) to Property Brokers Limited As Agent For Andrew Mulholland immediately.

Reasons

The landlord attended the hearing. There was no appearance from the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The application was filed more than 60 days after the end of the tenancy and so the tenancy address may not be used as an address for service (Section 91A)
Ms Fowler for the landlord advised the Tribunal that she had rung the tenant and advised him that he owed money and that there was an application with the Tribunal. She asked him for his current address. She had uploaded an email dated 9 May 2023 from him (the same email address that he had previously provided to the landlord and which appears on the Tribunal’s record) in which he gave his current address.
There is no evidence that he has been served at the new address, and at the time of the hearing, his address on the Tribunal file remains the tenancy address and the notice of hearing was sent to that address.
The modes of service under section 91A do not include email. Under section 91B I may dispense with service. I have decided to do so in this case. Although the tenant has not been served within the meaning of section 91A, I am satisfied that he is aware of the hearing as he has been notified via SMS and he is aware of the nature of the proceedings because of his phone conversation with Ms Fowler.
I have changed his address on the Tribunal file to reflect the address provided in May.

How much is owed for rent?

The tenancy ended on 24 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,082.86. The amount ordered is proved.

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 and remove all rubbish.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The garage was full of items. The lawns were overgrown. The owner submitted a summary of the time spent clearing the property inside and out which came to 46 hours at $30.00 an hour, as well as receipts for the dump fees totally $192.00.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Andrew Mulholland has substantially succeeded with the claim I have reimbursed the filing fee.
In addition the tenant had been previously been ordered to pay a small amount of arrears and a filing fee. The arrears had been cleared but not the filing fee. I have therefore ordered $20.44 from the previous order to be included in this one.
There was an additional filing fee claimed but I have dismissed the application for reimbursement of that third 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 4564630 — net $995.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,082.86	Rent arrears
Previous order application 4345125 dated 20/07/2023	$20.44	Previous order application 4345125 dated 20/07/2023
Rubbish removal: and cleaning	$1,572.00	Rubbish removal: and cleaning
Net award	$995.30
Total payable by Tenant to Landlord	$995.30

Claims and awards for application 4564630 — net $995.30 NZD. Verify on MoJ.

Rent arrears

Amount: $1,082.86
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4345125 dated 20/07/2023

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4345125 dated 20/07/2023

Rubbish removal: and cleaning

Amount: $1,572.00
Awarded to: Landlord
Reason: Rubbish removal: and cleaning

Net award

Landlord $995.30

Total payable by Tenant to Landlord

Landlord $995.30

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joshua Kata must pay Property Brokers Limited As Agent For Andrew Mulholland $995.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (5314833-008) to Property Brokers Limited As Agent For Andrew Mulholland immediately.

Reasons

The landlord attended the hearing. There was no appearance from the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The application was filed more than 60 days after the end of the tenancy and so the tenancy address may not be used as an address for service (Section 91A)
Ms Fowler for the landlord advised the Tribunal that she had rung the tenant and advised him that he owed money and that there was an application with the Tribunal. She asked him for his current address. She had uploaded an email dated 9 May 2023 from him (the same email address that he had previously provided to the landlord and which appears on the Tribunal’s record) in which he gave his current address.
There is no evidence that he has been served at the new address, and at the time of the hearing, his address on the Tribunal file remains the tenancy address and the notice of hearing was sent to that address.
The modes of service under section 91A do not include email. Under section 91B I may dispense with service. I have decided to do so in this case. Although the tenant has not been served within the meaning of section 91A, I am satisfied that he is aware of the hearing as he has been notified via SMS and he is aware of the nature of the proceedings because of his phone conversation with Ms Fowler.
I have changed his address on the Tribunal file to reflect the address provided in May.

How much is owed for rent?

The tenancy ended on 24 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,082.86. The amount ordered is proved.

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 and remove all rubbish.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The garage was full of items. The lawns were overgrown. The owner submitted a summary of the time spent clearing the property inside and out which came to 46 hours at $30.00 an hour, as well as receipts for the dump fees totally $192.00.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Andrew Mulholland has substantially succeeded with the claim I have reimbursed the filing fee.
In addition the tenant had been previously been ordered to pay a small amount of arrears and a filing fee. The arrears had been cleared but not the filing fee. I have therefore ordered $20.44 from the previous order to be included in this one.
There was an additional filing fee claimed but I have dismissed the application for reimbursement of that third fee,.

Tenancy Tribunal case 4564630 — Rent arrears at 1 Waitote Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4564630 — Rent arrears at 1 Waitote Street, Castlecliff, Whanganui 4501

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions