What was Tenancy Tribunal case 4627340 about?

The tribunal order states: Rosemary PoChing must pay [The landlord/s] $3,068.44 immediately,

How much money was awarded in case 4627340?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,640.00 awarded to landlord; Rubbish Removal: $408.00 awarded to landlord

What type of tenancy dispute was case 4627340?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4627340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775867-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4627340 about?

The tribunal order states: Rosemary PoChing must pay [The landlord/s] $3,068.44 immediately,

How much money was awarded in case 4627340?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,640.00 awarded to landlord; Rubbish Removal: $408.00 awarded to landlord

What type of tenancy dispute was case 4627340?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4627340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775867-Tribunal_Order_Redacted.pdf.

Unit/Flat 1212, 30 Beach Road, Auckland Central, Auckland Tenancy Tribunal Case 4627340 — Rent arrears

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Unit/Flat 1212, 30 Beach Road, Auckland Central, Auckland Tenancy Tribunal Case 4627340 — 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 4627340 — net $3,068.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,640.00	Rent arrears
Rubbish removal	$408.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,068.44
Total payable by Tenant to Landlord	$3,068.44

Claims and awards for application 4627340 — net $3,068.44 NZD. Verify on MoJ.

Rent arrears

Amount: $2,640.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $408.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $3,068.44

Total payable by Tenant to Landlord

Landlord $3,068.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

Rosemary PoChing must pay [The landlord/s] $3,068.44 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
This is a claim by the landlord, and so the landlord must prove their claim to the civil standard (that is, on the balance of probabilities).

How much is owed for rent and utilities?

The landlord discovered that the tenancy had been abandoned. They seek four weeks rent in lieu of notice, pursuant to section 61(2) of the Residential Tenancies Act 1986 (“RTA”). The property was not re-tenanted for some time. The landlord provided a copy of the tenancy agreement and rent records proving the amount owing.
The claim for rent is proved in the amount of $2,640.00.
The landlord also claimed for unpaid electricity, but I was not provided with an invoice and so am unable to find this claim proven.

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 some photos from the end of the tenancy but no move-in inspection photos.
I accept that the rubbish left behind must have belonged to the tenant. The photos show various large furniture items and rubbish in black bags and strewn about. The landlord provided an invoice from Auckland Express movers in the amount of $408.00. I order payment of this amount.
I do not find the claim for cleaning proven as I was not provided with evidence of the state of the property at the start of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed for various damage. However as I was not provided with photos from the start of the tenancy I am also unable to find this claim proven.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee of $20.44. I have also made an order suppressing the landlord’s name pursuant to Section 95A RTA.

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 4627340 — net $3,068.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,640.00	Rent arrears
Rubbish removal	$408.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,068.44
Total payable by Tenant to Landlord	$3,068.44

Claims and awards for application 4627340 — net $3,068.44 NZD. Verify on MoJ.

Rent arrears

Amount: $2,640.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $408.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $3,068.44

Total payable by Tenant to Landlord

Landlord $3,068.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

Rosemary PoChing must pay [The landlord/s] $3,068.44 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
This is a claim by the landlord, and so the landlord must prove their claim to the civil standard (that is, on the balance of probabilities).

How much is owed for rent and utilities?

The landlord discovered that the tenancy had been abandoned. They seek four weeks rent in lieu of notice, pursuant to section 61(2) of the Residential Tenancies Act 1986 (“RTA”). The property was not re-tenanted for some time. The landlord provided a copy of the tenancy agreement and rent records proving the amount owing.
The claim for rent is proved in the amount of $2,640.00.
The landlord also claimed for unpaid electricity, but I was not provided with an invoice and so am unable to find this claim proven.

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 some photos from the end of the tenancy but no move-in inspection photos.
I accept that the rubbish left behind must have belonged to the tenant. The photos show various large furniture items and rubbish in black bags and strewn about. The landlord provided an invoice from Auckland Express movers in the amount of $408.00. I order payment of this amount.
I do not find the claim for cleaning proven as I was not provided with evidence of the state of the property at the start of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed for various damage. However as I was not provided with photos from the start of the tenancy I am also unable to find this claim proven.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee of $20.44. I have also made an order suppressing the landlord’s name pursuant to Section 95A RTA.

Tenancy Tribunal case 4627340 — Rent arrears at Unit/Flat 1212, 30 Beach Road, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4627340 — Rent arrears at Unit/Flat 1212, 30 Beach Road, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions