What was Tenancy Tribunal case 4669591 about?

The tribunal order states: Greyce Lopes Neves owes the landlord $314.12 calculated as shown in table

How much money was awarded in case 4669591?

Call Out Fee From Electrician 17/05/…: $310.50 awarded to landlord; Call Out Fee From Plumber 01/07/2023: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Rubbish Removal: $235.18 awarded to landlord

What type of tenancy dispute was case 4669591?

The dispute type was not classified.

Where can I read the official tribunal order for case 4669591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856851-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4669591 about?

The tribunal order states: Greyce Lopes Neves owes the landlord $314.12 calculated as shown in table

How much money was awarded in case 4669591?

Call Out Fee From Electrician 17/05/…: $310.50 awarded to landlord; Call Out Fee From Plumber 01/07/2023: $621.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Rubbish Removal: $235.18 awarded to landlord

What type of tenancy dispute was case 4669591?

The dispute type was not classified.

Where can I read the official tribunal order for case 4669591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9856851-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4669591 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4669591 — net $314.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Call out fee from plumber 01/07/2023	$621.00	Call out fee from plumber 01/07/2023
Call out fee from electrician 17/05/2023	$310.50	Call out fee from electrician 17/05/2023
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$235.18	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$314.12
Total payable by Tenant to Landlord	$314.12

Greyce Lopes Neves owes the landlord $314.12 calculated as shown in table below (“the debt”).

The Bond Centre is to pay the bond of $1,080.00 ([Bond number suppressed]) to the landlord immediately.

Greyce Lopes Neves must repay the remainder of the debt to the landlord as follows: a. $5.00 on Tuesday 27th February 2024 and on each Tuesday thereafter towards the repayment of the debt, for 62 weeks, until Tuesday 6 May 2025; and b. A final payment of $4.12 on Tuesday 13th May 2025, being repayment of the remainder of the debt.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 (including the yard) reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)- (v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved. Plumber and electrician call out fees

On 12 May 2023, the Tribunal made Orders under file number 4556671 that: a. The tenant must authorise her power supplier to complete the installation of a new power meter (necessary for the installation of a new hot water cylinder and the re-wiring of the premises by the landlord) by 4.00pm on Tuesday 16 May 2023; and. b. The tenant must allow access to the premises by the landlord’s contractors (plumber, electrician, inspector and any other necessary tradespeople) to commence the rewiring of the premises and the installation of the hot water cylinder commencing on Wednesday 17 May 2023.

The landlord was put to the time and expense of having to seek these orders as the tenant had unreasonably withheld consent for the landlord’s contractors to install a new power meter and hot water cylinder and to rewire the premises.

In the 12 May 2023 Tribunal Order, the Adjudicator ensures the tenant is fully aware of the costs that she may incur if she fails to grant the contractors access from the 16 and 17 May 2023.

When the landlord’s plumber tried to gain access to the premises on 1 July 2023, the tenant unreasonably refused him access, in breach of the Tribunal’s 12 May 2023 Order. As a result the work was delayed, and the landlord charged a call out fee of $621.00 (including GST). This charge was higher than usual as the plumber had a full team booked out for the whole day to complete the installation of the hot water cylinder and that whole team were unable to be redeployed to other jobs when the tenant unreasonably withheld her consent for them to enter the premises.

When the landlord’s electrician tried to gain access to the premises on 17 May 2023, the tenant unreasonably refused him access, in breach of the Tribunal’s 12 May 2023 Order. As a result the work was delayed, and the landlord charged a call out fee of $310.50 (including GST).

But for the tenant’s breaches of the Tribunal’s 12 May 2023 Order, the landlord would not have incurred these call out costs. I find it is appropriate for the tenant to reimburse the landlord for these costs. Repayment plan

The tenant has claimed financial hardship. She is on a government benefit and her benefit is largely committed to covering her basic living costs. She did not want to approach Work and Income New Zealand for assistance with the repayment of the debt set out in this Order. She has therefore committed to repay the debt at $5.00 per week until the full debt is repaid. The landlord has accepted these repayment terms.

The tenant must make these repayments on time each week as ordered. Failure to do so will result in the entire debt becoming payable immediately. During the hearing, the landlord confirmed it would take enforcement proceedings against the tenant to recover the full debt if she defaults on any of the agreed payments. Reimbursement of filing fee

Because the applicant has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4669591 — net $314.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Call out fee from plumber 01/07/2023	$621.00	Call out fee from plumber 01/07/2023
Call out fee from electrician 17/05/2023	$310.50	Call out fee from electrician 17/05/2023
Lawns and Garden work	$207.00	Lawns and Garden work
Rubbish removal	$235.18	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$314.12
Total payable by Tenant to Landlord	$314.12

Order

Greyce Lopes Neves owes the landlord $314.12 calculated as shown in table below (“the debt”).
The Bond Centre is to pay the bond of $1,080.00 ([Bond number suppressed]) to the landlord immediately.
Greyce Lopes Neves must repay the remainder of the debt to the landlord as follows: a. $5.00 on Tuesday 27th February 2024 and on each Tuesday thereafter towards the repayment of the debt, for 62 weeks, until Tuesday 6 May 2025; and b. A final payment of $4.12 on Tuesday 13th May 2025, being repayment of the remainder of the debt.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 (including the yard) reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)- (v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved. Plumber and electrician call out fees
On 12 May 2023, the Tribunal made Orders under file number 4556671 that: a. The tenant must authorise her power supplier to complete the installation of a new power meter (necessary for the installation of a new hot water cylinder and the re-wiring of the premises by the landlord) by 4.00pm on Tuesday 16 May 2023; and. b. The tenant must allow access to the premises by the landlord’s contractors (plumber, electrician, inspector and any other necessary tradespeople) to commence the rewiring of the premises and the installation of the hot water cylinder commencing on Wednesday 17 May 2023.
The landlord was put to the time and expense of having to seek these orders as the tenant had unreasonably withheld consent for the landlord’s contractors to install a new power meter and hot water cylinder and to rewire the premises.
In the 12 May 2023 Tribunal Order, the Adjudicator ensures the tenant is fully aware of the costs that she may incur if she fails to grant the contractors access from the 16 and 17 May 2023.
When the landlord’s plumber tried to gain access to the premises on 1 July 2023, the tenant unreasonably refused him access, in breach of the Tribunal’s 12 May 2023 Order. As a result the work was delayed, and the landlord charged a call out fee of $621.00 (including GST). This charge was higher than usual as the plumber had a full team booked out for the whole day to complete the installation of the hot water cylinder and that whole team were unable to be redeployed to other jobs when the tenant unreasonably withheld her consent for them to enter the premises.
When the landlord’s electrician tried to gain access to the premises on 17 May 2023, the tenant unreasonably refused him access, in breach of the Tribunal’s 12 May 2023 Order. As a result the work was delayed, and the landlord charged a call out fee of $310.50 (including GST).
But for the tenant’s breaches of the Tribunal’s 12 May 2023 Order, the landlord would not have incurred these call out costs. I find it is appropriate for the tenant to reimburse the landlord for these costs. Repayment plan
The tenant has claimed financial hardship. She is on a government benefit and her benefit is largely committed to covering her basic living costs. She did not want to approach Work and Income New Zealand for assistance with the repayment of the debt set out in this Order. She has therefore committed to repay the debt at $5.00 per week until the full debt is repaid. The landlord has accepted these repayment terms.
The tenant must make these repayments on time each week as ordered. Failure to do so will result in the entire debt becoming payable immediately. During the hearing, the landlord confirmed it would take enforcement proceedings against the tenant to recover the full debt if she defaults on any of the agreed payments. Reimbursement of filing fee
Because the applicant has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4669591 — Tenancy dispute

At a glance

Tenancy Tribunal case 4669591 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions