What was the outcome of Tenancy Tribunal case 4668050?

The tribunal order states: Joy Couper must pay Chertsey Farm Co Limited Bryan Murray $167.16

How much money was awarded in case 4668050?

Rent Arrears: $1,683.16 awarded to landlord

What type of tenancy dispute was case 4668050?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4668050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9766398-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4668050?

The tribunal order states: Joy Couper must pay Chertsey Farm Co Limited Bryan Murray $167.16

How much money was awarded in case 4668050?

Rent Arrears: $1,683.16 awarded to landlord

What type of tenancy dispute was case 4668050?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4668050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9766398-Tenancy_Tribunal_Order.pdf.

375 Stoney Flat Road, North Loburn, RD 2, Rangiora 7472 Tenancy Tribunal Case 4668050 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4668050 — net $167.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 September 2020	$1,683.16	Rent arrears to 2 September 2020
Net award	$167.16
Total payable by Tenant to Landlord	$167.16

Joy Couper must pay Chertsey Farm Co Limited Bryan Murray $167.16 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,516.00 (5209032-004) to Chertsey Farm Co Limited Bryan Murray immediately.

The landlord’s other claims are dismissed. DescriptionLandlord Rent arrears to 2 September 2020$1,683.16 Total award$1,683.16 Bond$1,516.00 Total payable by Tenant to Landlord$167.16

Reasons

Both parties attended the hearing. Mr Steven Murray and Mr Bryan Murray represented the landlord company.

The landlord has applied for rent arrears, costs to remove rubbish and euthanised and dispose of two goats and a sheep, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Ms Couper’s tenancy commenced on 10 September 2016 and ended on 2 September 2020. Rent was agreed at $1,516.66 per month.

The landlord claims rent arrears totalling $3,199.83 to the end of the tenancy. The amount claimed includes rent of $1,516.66 for the month commencing 25 July 2017. Ms Couper claims she paid rent for that month on 24 August 2017.

Section 11(1) of the Limitation Act 2010 provides that “[i]t is a defence to a money claim if the defendant proves that the date the claim is filed is at least 6 years after the date of the act or omission on which the claim is based.” The landlord filed this application on 5 September 2017. This means that the landlord is statute barred from claiming the rent due for the month 24 July 2017 because the claim for this amount was made more than six years after it was due for payment.

Mr Murray claims that it should not be statute barred because he allocated subsequent payments of rent to the old debt, but his contemporaneous rent ledger does not support his claim.

Ms Couper did not dispute that she owed $1,683.16 for the last weeks of the tenancy.

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

A tenant is required by section 40 of the Residential Tenancies Act 1986 (the Act) to remove all rubbish and belongings at the end of the tenancy.

The landlord claims the sum of $1,516.00 (being the amount of the bond) for farm employees of a related company to remove rubbish from the garage and shed and to euthanise and dispose of two goats and a sheep.

The claim for rubbish removal is dismissed because the employees completed the work on the last day of the tenancy while Ms Couper was still moving out. Thus, she was not in breach of her obligation to leave the premises reasonably tidy and to remove all rubbish at the end of the tenancy (at midnight on 10 September 2020). One of the employees who completed the work, Mr Sam Murray, gave evidence. He said that no one asked him to do the work. He said that he did it because it needed to be done.

Ms Couper did not dispute that she left two goats and one sheep on the property after the tenancy ended. She said that the goats had severe foot rot and I accept her undisputed evidence that Sam Murray offered to shoot them in return for a baby goat that Ms Couper owned. She said that no other payment was discussed or agreed. The claim for the cost to euthanise and dispose of the goats is therefore dismissed.

The property had been sold in early June 2020 with settlement in October 2020. Ms Couper discussed the collection of the sheep with the new owner and the owner told her that she could return to collect it. However, when she did so on the afternoon of 16 September the sheep had gone (it had apparently been euthanised that morning). Mr Murray accepts that he did not try to contact Ms Couper before the sheep was disposed of to give her the opportunity to collect it as required by 62(2) of the Residential Tenancies Act 1986. The claim to euthanise the sheep is therefore dismissed.

The landlord has been mostly unsuccessful with its claims, and I do not consider this an appropriate case to award the landlord payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4668050 — net $167.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 September 2020	$1,683.16	Rent arrears to 2 September 2020
Net award	$167.16
Total payable by Tenant to Landlord	$167.16

Order

Joy Couper must pay Chertsey Farm Co Limited Bryan Murray $167.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,516.00 (5209032-004) to Chertsey Farm Co Limited Bryan Murray immediately.
The landlord’s other claims are dismissed. DescriptionLandlord Rent arrears to 2 September 2020$1,683.16 Total award$1,683.16 Bond$1,516.00 Total payable by Tenant to Landlord$167.16

Reasons

Both parties attended the hearing. Mr Steven Murray and Mr Bryan Murray represented the landlord company.
The landlord has applied for rent arrears, costs to remove rubbish and euthanised and dispose of two goats and a sheep, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Ms Couper’s tenancy commenced on 10 September 2016 and ended on 2 September 2020. Rent was agreed at $1,516.66 per month.
The landlord claims rent arrears totalling $3,199.83 to the end of the tenancy. The amount claimed includes rent of $1,516.66 for the month commencing 25 July 2017. Ms Couper claims she paid rent for that month on 24 August 2017.
Section 11(1) of the Limitation Act 2010 provides that “[i]t is a defence to a money claim if the defendant proves that the date the claim is filed is at least 6 years after the date of the act or omission on which the claim is based.” The landlord filed this application on 5 September 2017. This means that the landlord is statute barred from claiming the rent due for the month 24 July 2017 because the claim for this amount was made more than six years after it was due for payment.
Mr Murray claims that it should not be statute barred because he allocated subsequent payments of rent to the old debt, but his contemporaneous rent ledger does not support his claim.
Ms Couper did not dispute that she owed $1,683.16 for the last weeks of the tenancy.

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

A tenant is required by section 40 of the Residential Tenancies Act 1986 (the Act) to remove all rubbish and belongings at the end of the tenancy.
The landlord claims the sum of $1,516.00 (being the amount of the bond) for farm employees of a related company to remove rubbish from the garage and shed and to euthanise and dispose of two goats and a sheep.
The claim for rubbish removal is dismissed because the employees completed the work on the last day of the tenancy while Ms Couper was still moving out. Thus, she was not in breach of her obligation to leave the premises reasonably tidy and to remove all rubbish at the end of the tenancy (at midnight on 10 September 2020). One of the employees who completed the work, Mr Sam Murray, gave evidence. He said that no one asked him to do the work. He said that he did it because it needed to be done.
Ms Couper did not dispute that she left two goats and one sheep on the property after the tenancy ended. She said that the goats had severe foot rot and I accept her undisputed evidence that Sam Murray offered to shoot them in return for a baby goat that Ms Couper owned. She said that no other payment was discussed or agreed. The claim for the cost to euthanise and dispose of the goats is therefore dismissed.
The property had been sold in early June 2020 with settlement in October 2020. Ms Couper discussed the collection of the sheep with the new owner and the owner told her that she could return to collect it. However, when she did so on the afternoon of 16 September the sheep had gone (it had apparently been euthanised that morning). Mr Murray accepts that he did not try to contact Ms Couper before the sheep was disposed of to give her the opportunity to collect it as required by 62(2) of the Residential Tenancies Act 1986. The claim to euthanise the sheep is therefore dismissed.
The landlord has been mostly unsuccessful with its claims, and I do not consider this an appropriate case to award the landlord payment of the Tribunal application fee.

Tenancy Tribunal case 4668050 — Rent arrears at 375 Stoney Flat Road, North Loburn, RD 2, Rangiora 7472

At a glance

Tenancy Tribunal case 4668050 — Rent arrears at 375 Stoney Flat Road, North Loburn, RD 2, Rangiora 7472

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions