How much money was awarded in case 4599451?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord; Rubbish Removal: $428.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 4599451?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4599451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10330079-Tribunal_Order.pdf.

How much money was awarded in case 4599451?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord; Rubbish Removal: $428.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 4599451?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4599451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10330079-Tribunal_Order.pdf.

14 St Peters Street, Northcote, Auckland 0627 Tenancy Tribunal Case 4599451 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4599451?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed

Order

Claims and awards in Tenancy Tribunal application 4599451 — net $3,448.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 08/01/2023	$2,100.00	Rent arrears (to 08/01/2023
Rubbish removal: (Junkbusters	$650.00	Rubbish removal: (Junkbusters
Rubbish removal: (Gorilla Bins x2	$428.00	Rubbish removal: (Gorilla Bins x2
Cleaning: (Interior	$250.00	Cleaning: (Interior
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,448.44
Total payable by Tenant to Landlord	$3,448.44

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).

Scott Gow must pay Peter Harold Mundell $3,448.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I called the tenant and left a voice message on his mobile phone number when the hearing was due to commence to remind him that the hearing was this morning. He has also had an SMS reminder of the hearing sent out to him a few days ago.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 8 January 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 8 June 2023.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”

The landlord gave evidence that: a. He had been communicating with the tenant and the tenant had moved to his mother’s place of residence; b. When the tenant left his mother’s place, the landlord was informed the tenant had move to an address in Rosedale. All documents in relation to this proceeding, including the notice of hearing, have been served on the tenant at the Rosedale address; c. There was no email address for service provided on the tenancy agreement and no email address provided during the tenancy; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on his behalf; e. The tenant attended a prior hearing in relation to this matter on 30 August 2023, so he is aware of the proceedings.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 8 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved. Reimbursement of filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4599451 — net $3,448.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 08/01/2023	$2,100.00	Rent arrears (to 08/01/2023
Rubbish removal: (Junkbusters	$650.00	Rubbish removal: (Junkbusters
Rubbish removal: (Gorilla Bins x2	$428.00	Rubbish removal: (Gorilla Bins x2
Cleaning: (Interior	$250.00	Cleaning: (Interior
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,448.44
Total payable by Tenant to Landlord	$3,448.44

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Scott Gow must pay Peter Harold Mundell $3,448.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I called the tenant and left a voice message on his mobile phone number when the hearing was due to commence to remind him that the hearing was this morning. He has also had an SMS reminder of the hearing sent out to him a few days ago.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 8 January 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 8 June 2023.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. He had been communicating with the tenant and the tenant had moved to his mother’s place of residence; b. When the tenant left his mother’s place, the landlord was informed the tenant had move to an address in Rosedale. All documents in relation to this proceeding, including the notice of hearing, have been served on the tenant at the Rosedale address; c. There was no email address for service provided on the tenancy agreement and no email address provided during the tenancy; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on his behalf; e. The tenant attended a prior hearing in relation to this matter on 30 August 2023, so he is aware of the proceedings.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 8 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved. Reimbursement of filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4599451 — Rent arrears at 14 St Peters Street, Northcote, Auckland 0627

At a glance

Tenancy Tribunal case 4599451 — Rent arrears at 14 St Peters Street, Northcote, Auckland 0627

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

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

Frequently asked questions