What was the outcome of Tenancy Tribunal case 4615490?

The tribunal order states: Kurt Norager to pay Lyons Property Management Limited As Agent For Jupiter

How much money was awarded in case 4615490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $892.86 awarded to landlord; Water Rates: $215.77 awarded to landlord

What type of tenancy dispute was case 4615490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4615490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9683432-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4615490?

The tribunal order states: Kurt Norager to pay Lyons Property Management Limited As Agent For Jupiter

How much money was awarded in case 4615490?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $892.86 awarded to landlord; Water Rates: $215.77 awarded to landlord

What type of tenancy dispute was case 4615490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4615490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9683432-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 13 Armadale Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4615490 — Rent arrears

Claims and awards in Tenancy Tribunal application 4615490 — net $1,129.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$892.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates (amended by consent	$215.77	Water rates (amended by consent
Net award	$1,129.07
Bond	$2,500.00
Total payable by Tenant to Landlord	$1,129.07

Order

Kurt Norager to pay Lyons Property Management Limited As Agent For Jupiter Trust $1,129.07 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,500.00 (5353644-003) immediately apportioned as follows: Lyons Property Management Limited As Agent For Jupiter Trust: $1,129.07 Kurt Norager: $1,370.93
The tenant’s cross application is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water invoices, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has lodged a cross application claiming that the landlord has breached their obligations by failing to eliminate an ongoing issue with rats. The tenant also seeks a rent refund.

How much is owed for rent and water rates?

The tenancy ended on 19 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for the payment of these amounts. The water claim was amended by consent during the hearing. Tenant’s Cross Application:
Kurt Norager claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must • provide and maintain the premises in a reasonable state of repair Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The tenant claims that there was a persistent problem with rats in the ceiling of his property. He states that notwithstanding the landlord’s efforts to address the problem the issues still existed and were ongoing for at least 12 months. The landlord stated that they had fumigators and other pest professionals attend on numerous occasions. The tenant says that whatever actions were taken by the landlord were not enough.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Having carefully considered the tenant’s claim in respect of the rat problem it is my view that the landlord has not allowed this issue to continue intentionally. During the hearing the landlord provided significant evidence confirming the exhaustive attempts made to deal with the issue. There is very little more that they could have done. I have sighted the evidence provided by the landlord in support of the numerous efforts taken to address the problem.
The landlord responded by stating that exhaustive attempts undertaken to address the issue appeared to have worked. Evidence was provided confirming that eventually the rat bait laid by the professionals had not been touched. This confirmed that the problem had been addressed. On 16 October 2023 Pest Control Limited advised the landlord in writing that inspections which took place between 4 July and 18 July 2023 confirmed no rat activity in the ceiling.
The tenant has also failed to provide any evidence of the issue complained of. The tenant’s cross application was lodged in response to the landlord’s claim for rent and water arrears.
Accordingly, the tenant’s claim for compensation in this regard is dismissed. Rent Arrears:
The tenant also claims that he should not have to pay rent for a place that he was not living in. The tenant gave verbal notice to landlord in mid-April 2023 of his intention to move out. He says that from mid-April he was not living there although he had left his belongings at the address. In mid-May the tenant had found another place to live and then moved his personal belongings from the address. He gave formal written notice by email to vacate on 22 May 2023. The tenant returned the keys on 13 June 2023.
During the hearing the landlord confirmed that she advised the tenant that his intention to end the periodic tenancy would need to be given in writing. The tenant did not do this initially and as a result his rent obligations continued to accrue.
The Residential Tenancies Act is very clear when it comes to how notice is to be given in respect of a tenant terminating a periodic tenancy. Section 51(2B) of the Act says: A tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.
Section 51(3) says as follows: Every notice to terminate a tenancy shall – (a) Be in writing; and (b) Identify the premises to which it relates; and (c) Specify the date by which the tenant is to vacate the premises; and (d) Be signed by the party giving the notice...
There is no particular wording required but the notice must be in writing.
I am satisfied that the tenant did not follow the required process for terminating his periodic tenancy. The landlord was quite within her rights to continue charging rent up until 19 June 2023.
Accordingly, the tenant’s claim for a rent refund must also be dismissed.
Because Lyons Property Management Limited As Agent For Jupiter Trust has wholly succeeded with the claim I must reimburse the filing fee.
Both parties confirmed during the hearing that they are not seeking suppression of name.

Claims and awards in Tenancy Tribunal application 4615490 — net $1,129.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$892.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates (amended by consent	$215.77	Water rates (amended by consent
Net award	$1,129.07
Bond	$2,500.00
Total payable by Tenant to Landlord	$1,129.07

Order

Kurt Norager to pay Lyons Property Management Limited As Agent For Jupiter Trust $1,129.07 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,500.00 (5353644-003) immediately apportioned as follows: Lyons Property Management Limited As Agent For Jupiter Trust: $1,129.07 Kurt Norager: $1,370.93
The tenant’s cross application is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water invoices, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has lodged a cross application claiming that the landlord has breached their obligations by failing to eliminate an ongoing issue with rats. The tenant also seeks a rent refund.

How much is owed for rent and water rates?

The tenancy ended on 19 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for the payment of these amounts. The water claim was amended by consent during the hearing. Tenant’s Cross Application:
Kurt Norager claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must • provide and maintain the premises in a reasonable state of repair Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The tenant claims that there was a persistent problem with rats in the ceiling of his property. He states that notwithstanding the landlord’s efforts to address the problem the issues still existed and were ongoing for at least 12 months. The landlord stated that they had fumigators and other pest professionals attend on numerous occasions. The tenant says that whatever actions were taken by the landlord were not enough.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Having carefully considered the tenant’s claim in respect of the rat problem it is my view that the landlord has not allowed this issue to continue intentionally. During the hearing the landlord provided significant evidence confirming the exhaustive attempts made to deal with the issue. There is very little more that they could have done. I have sighted the evidence provided by the landlord in support of the numerous efforts taken to address the problem.
The landlord responded by stating that exhaustive attempts undertaken to address the issue appeared to have worked. Evidence was provided confirming that eventually the rat bait laid by the professionals had not been touched. This confirmed that the problem had been addressed. On 16 October 2023 Pest Control Limited advised the landlord in writing that inspections which took place between 4 July and 18 July 2023 confirmed no rat activity in the ceiling.
The tenant has also failed to provide any evidence of the issue complained of. The tenant’s cross application was lodged in response to the landlord’s claim for rent and water arrears.
Accordingly, the tenant’s claim for compensation in this regard is dismissed. Rent Arrears:
The tenant also claims that he should not have to pay rent for a place that he was not living in. The tenant gave verbal notice to landlord in mid-April 2023 of his intention to move out. He says that from mid-April he was not living there although he had left his belongings at the address. In mid-May the tenant had found another place to live and then moved his personal belongings from the address. He gave formal written notice by email to vacate on 22 May 2023. The tenant returned the keys on 13 June 2023.
During the hearing the landlord confirmed that she advised the tenant that his intention to end the periodic tenancy would need to be given in writing. The tenant did not do this initially and as a result his rent obligations continued to accrue.
The Residential Tenancies Act is very clear when it comes to how notice is to be given in respect of a tenant terminating a periodic tenancy. Section 51(2B) of the Act says: A tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.
Section 51(3) says as follows: Every notice to terminate a tenancy shall – (a) Be in writing; and (b) Identify the premises to which it relates; and (c) Specify the date by which the tenant is to vacate the premises; and (d) Be signed by the party giving the notice...
There is no particular wording required but the notice must be in writing.
I am satisfied that the tenant did not follow the required process for terminating his periodic tenancy. The landlord was quite within her rights to continue charging rent up until 19 June 2023.
Accordingly, the tenant’s claim for a rent refund must also be dismissed.
Because Lyons Property Management Limited As Agent For Jupiter Trust has wholly succeeded with the claim I must reimburse the filing fee.
Both parties confirmed during the hearing that they are not seeking suppression of name.

Tenancy Tribunal case 4615490 — Rent arrears at Unit/Flat 1, 13 Armadale Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4615490 — Rent arrears at Unit/Flat 1, 13 Armadale Road, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions