How much money was awarded in case 4590229?

Call Out Fee: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $213.76 awarded to landlord; Rent Arrears: $337.14 awarded to landlord

What type of tenancy dispute was case 4590229?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4590229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224990-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4590229?

Call Out Fee: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $213.76 awarded to landlord; Rent Arrears: $337.14 awarded to landlord

What type of tenancy dispute was case 4590229?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4590229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224990-Tenancy_Tribunal_Order.pdf.

177C Tweed Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4590229 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4590229?

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

Order

Claims and awards in Tenancy Tribunal application 4590229 — net $671.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 25 July 2023	$337.14	Rent arrears as at 25 July 2023
Repair kitchen window	$213.76	Repair kitchen window
Call out fee	$100.00	Call out fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$671.34
Bond	$671.34
Total payable by Tenant to Landlord	$671.34

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Shaun Robert O'Conner and Krystal Lee-Anne Sampson- Bungard at 177C Tweed Street, Appleby, Invercargill 9812 is terminated, and possession is granted to Inspire Property Management Limited, at 11.59pm on Wednesday 26July 2023.

The Bond Centre is to pay the bond of $671.34 (6072036-040) to Inspire Property Management Limited immediately.

The Bond Centre is to pay $671.34 from the bond of $1,180.00 (6072036-040) to Inspire Property Management Limited immediately.

The balance of the bond of $508.66 is to remain at the Bond Centre.

Reasons

This hearing was scheduled to be heard at the Tribunal at the Invercargill District Court. However because the adjudicator there became unavailable the hearing was converted to a teleconference hearing and the parties were notified. I rang both numbers provided for the tenants a few times at the beginning of the hearing but was unable to get hold of them – either because the phone went to voicemail or did not go through. The hearing proceeded in their absence.

The landlord has applied for termination of the tenancy for breach of the tenants’ obligations. The landlord has also applied for compensation, reimbursement of the filing fee and payment from the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent as it falls due.

The landlord served a 14-day notice on the tenant on 11 May 2023, a further notice on 29 May 2023 and another notice on 20 July 2023. The tenants did not remedy the breach within the required periods.

It would be inequitable to refuse to terminate the tenancy because although there is not a significant amount of arrears, it is an ongoing issue with these tenants and they do not respond to efforts by the landlord to communicate with them. Further to this there are outstanding costs that they have not paid and about which again, they do not communicate. Added to this the tenants did not appear at today’s hearing and so none of these issues could be discussed. Invoices

In general terms, tenants are liable for the cost of repair when the premises are damaged during their tenancy. The damage must be more than fair wear and tear.

The landlord advised that during the tenancy Ms Sampson-Bungard contacted her to advise that the kitchen window had broken and that she was not sure how it happened. The landlord understood that it may have been a break-in and she advised Ms Sampson-Bungard to contact the police and then contact her with the Police complaint number so that the landlord had the opportunity to claim on his insurance. Ms Sampson-Bungard did not respond to this request and so I consider that the tenants are liable for the damage because they either intentionally or carelessly caused it.

Further to this I accept that the tenants ought to pay the call out fee in relation to a heat pump that the landlord was advised was not working. This is because at today’s hearing the property manager stated that when Mr Sampson rang her she told him to first check the switch board and then to check the batteries in the remote. He advised her that the fuse was on and the batteries were working. The technician was then sent and found that the heat pump worked well after he had turned it on at the switch board. Filing fee reimbursement

I am ordering the tenants to reimburse the filing fee to Inspire Property Management Limited because they have wholly succeeded with the claim against them. C ter Haar 26 July 2023

Claims and awards in Tenancy Tribunal application 4590229 — net $671.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 25 July 2023	$337.14	Rent arrears as at 25 July 2023
Repair kitchen window	$213.76	Repair kitchen window
Call out fee	$100.00	Call out fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$671.34
Bond	$671.34
Total payable by Tenant to Landlord	$671.34

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Shaun Robert O'Conner and Krystal Lee-Anne Sampson- Bungard at 177C Tweed Street, Appleby, Invercargill 9812 is terminated, and possession is granted to Inspire Property Management Limited, at 11.59pm on Wednesday 26July 2023.
The Bond Centre is to pay the bond of $671.34 (6072036-040) to Inspire Property Management Limited immediately.
The Bond Centre is to pay $671.34 from the bond of $1,180.00 (6072036-040) to Inspire Property Management Limited immediately.
The balance of the bond of $508.66 is to remain at the Bond Centre.

Reasons

This hearing was scheduled to be heard at the Tribunal at the Invercargill District Court. However because the adjudicator there became unavailable the hearing was converted to a teleconference hearing and the parties were notified. I rang both numbers provided for the tenants a few times at the beginning of the hearing but was unable to get hold of them – either because the phone went to voicemail or did not go through. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for breach of the tenants’ obligations. The landlord has also applied for compensation, reimbursement of the filing fee and payment from the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent as it falls due.
The landlord served a 14-day notice on the tenant on 11 May 2023, a further notice on 29 May 2023 and another notice on 20 July 2023. The tenants did not remedy the breach within the required periods.
It would be inequitable to refuse to terminate the tenancy because although there is not a significant amount of arrears, it is an ongoing issue with these tenants and they do not respond to efforts by the landlord to communicate with them. Further to this there are outstanding costs that they have not paid and about which again, they do not communicate. Added to this the tenants did not appear at today’s hearing and so none of these issues could be discussed. Invoices
In general terms, tenants are liable for the cost of repair when the premises are damaged during their tenancy. The damage must be more than fair wear and tear.
The landlord advised that during the tenancy Ms Sampson-Bungard contacted her to advise that the kitchen window had broken and that she was not sure how it happened. The landlord understood that it may have been a break-in and she advised Ms Sampson-Bungard to contact the police and then contact her with the Police complaint number so that the landlord had the opportunity to claim on his insurance. Ms Sampson-Bungard did not respond to this request and so I consider that the tenants are liable for the damage because they either intentionally or carelessly caused it.
Further to this I accept that the tenants ought to pay the call out fee in relation to a heat pump that the landlord was advised was not working. This is because at today’s hearing the property manager stated that when Mr Sampson rang her she told him to first check the switch board and then to check the batteries in the remote. He advised her that the fuse was on and the batteries were working. The technician was then sent and found that the heat pump worked well after he had turned it on at the switch board. Filing fee reimbursement
I am ordering the tenants to reimburse the filing fee to Inspire Property Management Limited because they have wholly succeeded with the claim against them. C ter Haar 26 July 2023

Tenancy Tribunal case 4590229 — Rent arrears at 177C Tweed Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 4590229 — Rent arrears at 177C Tweed Street, Appleby, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions