What was Tenancy Tribunal case 4645609 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 4645609?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4474201 D…: $7,664.84 awarded to landlord; Removal Costs: $800.00 awarded to landlord; Rent 1: $1,210.00 awarded to landlord; Storage: $1,440.00 awarded to landlord

What type of tenancy dispute was case 4645609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4645609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9501463-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4645609 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

How much money was awarded in case 4645609?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4474201 D…: $7,664.84 awarded to landlord; Removal Costs: $800.00 awarded to landlord; Rent 1: $1,210.00 awarded to landlord; Storage: $1,440.00 awarded to landlord

What type of tenancy dispute was case 4645609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4645609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9501463-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4645609 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4645609 — net $11,135.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 1 to 14 July 2023	$1,210.00	Rent 1 to 14 July 2023
Previous order application 4474201 dated 26/06/2023	$7,664.84	Previous order application 4474201 dated 26/06/2023
Removal costs	$800.00	Removal costs
Storage to 11 October 2023	$1,440.00	Storage to 11 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,135.28
Total payable by Tenant to Landlord	$11,135.28

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Landlord’s name and identifying details.
IF the tenant does not collect his goods from storage by 5pm Wednesday 11 October 2023: a. [The landlord/s] 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. b. The landlord shall dispose of the other goods of the tenant in storage by: i. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and ii. 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 $11,135.28.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order. DescriptionLandlord Rent 1 to 14 July 2023$1,210.00 Previous order application 4474201 dated 26/06/2023 $7,664.84 Removal costs$800.00 Storage to 11 October 2023$1,440.00 Filing fee reimbursement$20.44 Total award$11,135.28 Total payable by Tenant to Landlord$11,135.28

Reasons

Both parties attended the hearing.
The Tribunal issued Order 4474201 on 26 June 2023 (“the Order”). The tenant has filed an appeal in the District Court. The tenant advised that his appeal is to be heard on 28 November 2023.
Section 117(10) of the Residential Tenancies Act 2016 (“RTA”) provides that “The filing of a notice of appeal under this section shall not operate as a stay of proceedings, unless the Tribunal or a District Court Judge, on application, so determines.”
As there is no stay in place and having heard the landlord’s present application, it is appropriate for the Tribunal to make this further order.
The tenant should draw this order to the attention of the Judge determining his appeal. Standard of proof and exercise of jurisdiction
In considering the claims, the “standard of proof” is “on the balance of probabilities.” In other words, the parties must establish with evidence that their claim is “more likely than not.” I consider each of the claims bearing in mind the standard of proof required.
While I may not have referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered.
Section 85 RTA directs the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises and to consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations or to legal forms and technicalities. Background
The Order provided for termination of the tenancy on 30 June 2023 and ordered the tenant to pay the landlord $7,664.84 being rent arrears of $7,644.40 and reimbursement of the filing fee of $20.44.
The Order presumed that there was a bond of $2,320.00. The parties accepted at this hearing that this had been paid out to the landlord in August 2022. This has not therefore been paid to the landlord as the Order required and the amount outstanding under it is in fact $7,664.84.
The landlord advised that it had tried to make contact with the tenant once the Order was issued but failed to do so. It then instructed the bailiff to undertake an eviction.
The bailiff gave notice to the tenant that possession of the property was to be taken at 10 am on 18 July 2023 and duly did so.
The tenant advised that due to a tragic family bereavement, he was away from the property from 29 June 2023 until 16 July 2023.
The landlord arranged to remove the tenant’s possessions from the property on 19 July 2023. They were put into storage on that date. The landlord provided evidence that it has paid for storage of the tenant’s possessions until 11 October 2023. Landlord’s claims
The landlord has applied to the Tribunal for: a. Rent from 30 June 2023 to 14 July 2023 being $1,210.00. b. The costs of removing the tenant’s possessions into storage of $800.00. c. The costs of storage to 11 October 2023 of $1,440.00. d. Reimbursement of the bailiff’s costs of $200.00. e. Reimbursement of the filing fee. f. An order under section 62B RTA for the sale and disposal of the tenant’s possessions. Tenant’s claim
The tenant has claimed for compensation and damages for the distress caused by the landlord’s removal of his possessions from the property, in particular medical equipment. Rent
The landlord provided rent records showing that no further rent was paid by the tenant after 30 June 2023 and that it took possession of the property on 18 July 2023.
The landlord’s claim for two weeks’ additional rent is proved. Removal costs
The landlord produced an invoice for the removal of the tenant’s possessions from the property.
The tenant accepted the amount charged, except for a modest charge for “moving boxes”. The tenant advised that the boxes for all his possessions were in the garage.
I am satisfied that the landlord’s claim amount is fair and reasonable. The sum claimed is awarded. Storage costs
The landlord provided invoices for the storage costs it has incurred to 11 October 2023.
The tenant claims that the landlord did not make adequate or early efforts to contact him and advise him where his possessions were. Once contact was established, he refused to pay the costs of storage.
The tenant knew that the tenancy was terminated. He knew that he was required to give vacant possession and that he would need to remove all his possessions. Despite having a further two weeks from the termination date in the Order, he did not do so. The landlord was put to this expense and the costs of storing them.
It is appropriate that the landlord be awarded the costs of removal and of storage to 11 October 2023. Bailiff’s costs
As discussed at the hearing, the bailiff’s costs attach to the Order and it is inappropriate for them to be added to this order.
The landlord’s claim is dismissed. Tenant’s possessions
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord has been awarded sums by the Tribunal in this order and in the Order. It has no legal lien over the tenant’s possessions and can pursue its remedies against the tenant for payment of those sums using the usual procedures for debt collection.
If the tenant wishes to do so, he is to uplift his possessions from the storage facility by 5pm on Wednesday 11 October 2023. If he fails to do so, then the landlord shall be entitled to dispose of the tenant’s possessions as follows.
Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
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. Filing fee
As the landlord has wholly succeeded in its application then I must order that the tenant refund the landlord’s filing fee. Tenant’s claim
As noted above, it was the tenant’s responsibility to remove his possessions from the property prior to the landlord taking possession of it. He failed to do so. The landlord is not then responsible for any distress - no matter how traumatic - arising from their removal to storage. It was for the tenant to make contact and satisfactory arrangements to uplift his possessions. He did not do so.
The tenant’s claim is dismissed.

Claims and awards in Tenancy Tribunal application 4645609 — net $11,135.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 1 to 14 July 2023	$1,210.00	Rent 1 to 14 July 2023
Previous order application 4474201 dated 26/06/2023	$7,664.84	Previous order application 4474201 dated 26/06/2023
Removal costs	$800.00	Removal costs
Storage to 11 October 2023	$1,440.00	Storage to 11 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,135.28
Total payable by Tenant to Landlord	$11,135.28

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Landlord’s name and identifying details.
IF the tenant does not collect his goods from storage by 5pm Wednesday 11 October 2023: a. [The landlord/s] 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. b. The landlord shall dispose of the other goods of the tenant in storage by: i. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and ii. 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 $11,135.28.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order. DescriptionLandlord Rent 1 to 14 July 2023$1,210.00 Previous order application 4474201 dated 26/06/2023 $7,664.84 Removal costs$800.00 Storage to 11 October 2023$1,440.00 Filing fee reimbursement$20.44 Total award$11,135.28 Total payable by Tenant to Landlord$11,135.28

Reasons

Both parties attended the hearing.
The Tribunal issued Order 4474201 on 26 June 2023 (“the Order”). The tenant has filed an appeal in the District Court. The tenant advised that his appeal is to be heard on 28 November 2023.
Section 117(10) of the Residential Tenancies Act 2016 (“RTA”) provides that “The filing of a notice of appeal under this section shall not operate as a stay of proceedings, unless the Tribunal or a District Court Judge, on application, so determines.”
As there is no stay in place and having heard the landlord’s present application, it is appropriate for the Tribunal to make this further order.
The tenant should draw this order to the attention of the Judge determining his appeal. Standard of proof and exercise of jurisdiction
In considering the claims, the “standard of proof” is “on the balance of probabilities.” In other words, the parties must establish with evidence that their claim is “more likely than not.” I consider each of the claims bearing in mind the standard of proof required.
While I may not have referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered.
Section 85 RTA directs the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises and to consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations or to legal forms and technicalities. Background
The Order provided for termination of the tenancy on 30 June 2023 and ordered the tenant to pay the landlord $7,664.84 being rent arrears of $7,644.40 and reimbursement of the filing fee of $20.44.
The Order presumed that there was a bond of $2,320.00. The parties accepted at this hearing that this had been paid out to the landlord in August 2022. This has not therefore been paid to the landlord as the Order required and the amount outstanding under it is in fact $7,664.84.
The landlord advised that it had tried to make contact with the tenant once the Order was issued but failed to do so. It then instructed the bailiff to undertake an eviction.
The bailiff gave notice to the tenant that possession of the property was to be taken at 10 am on 18 July 2023 and duly did so.
The tenant advised that due to a tragic family bereavement, he was away from the property from 29 June 2023 until 16 July 2023.
The landlord arranged to remove the tenant’s possessions from the property on 19 July 2023. They were put into storage on that date. The landlord provided evidence that it has paid for storage of the tenant’s possessions until 11 October 2023. Landlord’s claims
The landlord has applied to the Tribunal for: a. Rent from 30 June 2023 to 14 July 2023 being $1,210.00. b. The costs of removing the tenant’s possessions into storage of $800.00. c. The costs of storage to 11 October 2023 of $1,440.00. d. Reimbursement of the bailiff’s costs of $200.00. e. Reimbursement of the filing fee. f. An order under section 62B RTA for the sale and disposal of the tenant’s possessions. Tenant’s claim
The tenant has claimed for compensation and damages for the distress caused by the landlord’s removal of his possessions from the property, in particular medical equipment. Rent
The landlord provided rent records showing that no further rent was paid by the tenant after 30 June 2023 and that it took possession of the property on 18 July 2023.
The landlord’s claim for two weeks’ additional rent is proved. Removal costs
The landlord produced an invoice for the removal of the tenant’s possessions from the property.
The tenant accepted the amount charged, except for a modest charge for “moving boxes”. The tenant advised that the boxes for all his possessions were in the garage.
I am satisfied that the landlord’s claim amount is fair and reasonable. The sum claimed is awarded. Storage costs
The landlord provided invoices for the storage costs it has incurred to 11 October 2023.
The tenant claims that the landlord did not make adequate or early efforts to contact him and advise him where his possessions were. Once contact was established, he refused to pay the costs of storage.
The tenant knew that the tenancy was terminated. He knew that he was required to give vacant possession and that he would need to remove all his possessions. Despite having a further two weeks from the termination date in the Order, he did not do so. The landlord was put to this expense and the costs of storing them.
It is appropriate that the landlord be awarded the costs of removal and of storage to 11 October 2023. Bailiff’s costs
As discussed at the hearing, the bailiff’s costs attach to the Order and it is inappropriate for them to be added to this order.
The landlord’s claim is dismissed. Tenant’s possessions
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord has been awarded sums by the Tribunal in this order and in the Order. It has no legal lien over the tenant’s possessions and can pursue its remedies against the tenant for payment of those sums using the usual procedures for debt collection.
If the tenant wishes to do so, he is to uplift his possessions from the storage facility by 5pm on Wednesday 11 October 2023. If he fails to do so, then the landlord shall be entitled to dispose of the tenant’s possessions as follows.
Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
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. Filing fee
As the landlord has wholly succeeded in its application then I must order that the tenant refund the landlord’s filing fee. Tenant’s claim
As noted above, it was the tenant’s responsibility to remove his possessions from the property prior to the landlord taking possession of it. He failed to do so. The landlord is not then responsible for any distress - no matter how traumatic - arising from their removal to storage. It was for the tenant to make contact and satisfactory arrangements to uplift his possessions. He did not do so.
The tenant’s claim is dismissed.

Tenancy Tribunal case 4645609 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4645609 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions