How much money was awarded in case 4637990?

6. The Amount Owing To The Applicant…: $440.00 awarded to landlord

What type of tenancy dispute was case 4637990?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9326685-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4637990?

6. The Amount Owing To The Applicant…: $440.00 awarded to landlord

What type of tenancy dispute was case 4637990?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9326685-Tenancy_Tribunal_Order.pdf.

87A Taharangi Street, Koutu, Rotorua 3010 Tenancy Tribunal Case 4637990 — Tenancy dispute

Q: What was Tenancy Tribunal case 4637990 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4637990. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
6. The amount owing to the applicant out of the proceeds of any sale is	$440.00		6. The amount owing to the applicant out of the proceeds of any sale is

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

[The tenant/s] must pay Kāinga Ora–Homes And Communities $440.00 immediately, being the cost of storage from June 2023 to the date of the hearing.

Kāinga Ora–Homes And Communities must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The tenant’s family have until Tuesday 12 September 2023 to make arrangements with the landlord and to collect any belongings from the storage unit.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling any goods not taken by the family and with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $440.00.

Kāinga Ora–Homes And Communities must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. This is because the landlord is unable to agree with the tenant about collecting the belongings.

The tenant was not served because the application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.

Usually this would mean the tenant has to be served according to the rules for service set out in section 91A(2) Residential Tenancies Act 1986 (RTA). The application has not been served in accordance with these requirements.

However, I find the Tribunal should make a direction that service be dispensed with. This is because: • The tenant is in prison • He is not in a position to collect his belongings from the storage unit • Members of the tenant’s family - including those who are looking after the children - are able to collect belongings • The landlord is wary of giving belongings to the family without an order from the Tribunal • There are monthly storage costs.

I find it is expeditious to dispense with service in these particular circumstances. See section 91B RTA.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price if they are not claimed by the family.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.

The landlord may dispose of any goods that have no saleable value.

Order

Claims and awards in Tenancy Tribunal application 4637990. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
6. The amount owing to the applicant out of the proceeds of any sale is	$440.00		6. The amount owing to the applicant out of the proceeds of any sale is

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

[The tenant/s] must pay Kāinga Ora–Homes And Communities $440.00 immediately, being the cost of storage from June 2023 to the date of the hearing.

Kāinga Ora–Homes And Communities must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The tenant’s family have until Tuesday 12 September 2023 to make arrangements with the landlord and to collect any belongings from the storage unit.

The amount owing to the applicant out of the proceeds of any sale is $440.00.

Kāinga Ora–Homes And Communities must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing.

The tenant was not served because the application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.

I find it is expeditious to dispense with service in these particular circumstances. See section 91B RTA.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.

The landlord may dispose of any goods that have no saleable value.

Tenancy Tribunal case 4637990 — Tenancy dispute at 87A Taharangi Street, Koutu, Rotorua 3010

At a glance

Claims & awards

Tenancy Tribunal case 4637990 — Tenancy dispute at 87A Taharangi Street, Koutu, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions