What was Tenancy Tribunal case 4687512 about?

The tribunal order states: Colin Raimona must pay [The landlord/s] $1,630.57 immediately, calculated as

How much money was awarded in case 4687512?

Cleaning: $25.73 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $91.63 awarded to landlord; Rent Arrears: $1,392.85 awarded to landlord; Smoke Alarms: $25.83 awarded to landlord; Water Rates: $74.09 awarded to landlord

What type of tenancy dispute was case 4687512?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4687512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10115841-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4687512 about?

The tribunal order states: Colin Raimona must pay [The landlord/s] $1,630.57 immediately, calculated as

How much money was awarded in case 4687512?

Cleaning: $25.73 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $91.63 awarded to landlord; Rent Arrears: $1,392.85 awarded to landlord; Smoke Alarms: $25.83 awarded to landlord; Water Rates: $74.09 awarded to landlord

What type of tenancy dispute was case 4687512?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4687512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10115841-Tribunal_Order_Redacted.pdf.

11 San Ambrosio Rise, Henderson, Auckland 0612 Tenancy Tribunal Case 4687512 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4687512 — net $1,630.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2023	$1,392.85	Rent arrears to 6 November 2023
Water rates to 6 November 2023	$74.09	Water rates to 6 November 2023
Power to 6 November 2023	$91.63	Power to 6 November 2023
Replace smoke alarms	$25.83	Replace smoke alarms
Repairs, cleaning and wall fixing materials	$25.73	Repairs, cleaning and wall fixing materials
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,630.57
Total payable by Tenant to Landlord	$1,630.57

Today was the second hearing date for this matter. The first attempt at a hearing on 18 December 2023 was adjourned as a Mandarin interpreter had not been ordered.

Both parties attended the hearing: The landlord attended in person and the tenant attended by teleconference due to tenancy issues in another part of the country.

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

How much is owed for rent, power and water rates?

The tenancy was due to end on 5 November 2023. On that date the tenant had not moved all his belongings out of the premises and he asked if he could stay another night. The landlord consented. The tenant stated that the landlord said he could stay rent free. The landlord stated there was no discussion about whether rent would be charged.

I preferred the landlord’s evidence on this point. The tenant was unable to recall how exactly the conversation went. The landlord’s evidence in the hearing left him without a remedy for some of his claims, but he never sought to “fill in the gaps” where more information would have assisted. By contrast discussing extra rent would be a sensitive issue for some which may lead to them avoiding discussing the subject. For the same reason, a discussion on this subject may be less likely to be forgotten.

In the absence of a discussion about the rent for one extra night, I find that the tenancy continued at the same rate for the extra night and ended on 6 November 2023. An adjustment for one day’s extra rent is made.

The landlord provided rent records, power bills and water rates invoices which prove the amounts owing at the end of the tenancy were $1,392.85 for rent, $91.63 for power and $74.09 for water rates.

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, 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 did not leave the premises reasonably clean and tidy and took with him a smoke alarm. The tenant accepted both these claims but stated he still had the smoke alarm and wanted to return it.

As more than four months has passed since the end of the tenancy without the tenant yet returning the smoke alarm, I accept the landlord’s claim for the smoke alarm.

The tenant accepted the claim for cleaning and wall fixing materials.

The landlord made a claim for cleaning and carpet cleaning costs, but no photographs or invoices were provided to the Tribunal. The tenant did not accept the claims.

These claims were not proved and have been dismissed.

The amounts ordered are proved.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4687512 — net $1,630.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2023	$1,392.85	Rent arrears to 6 November 2023
Water rates to 6 November 2023	$74.09	Water rates to 6 November 2023
Power to 6 November 2023	$91.63	Power to 6 November 2023
Replace smoke alarms	$25.83	Replace smoke alarms
Repairs, cleaning and wall fixing materials	$25.73	Repairs, cleaning and wall fixing materials
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,630.57
Total payable by Tenant to Landlord	$1,630.57

Order

Colin Raimona must pay [The landlord/s] $1,630.57 immediately, calculated as shown in the table below.

Reasons

Today was the second hearing date for this matter. The first attempt at a hearing on 18 December 2023 was adjourned as a Mandarin interpreter had not been ordered.
Both parties attended the hearing: The landlord attended in person and the tenant attended by teleconference due to tenancy issues in another part of the country.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, power and water rates?

The tenancy was due to end on 5 November 2023. On that date the tenant had not moved all his belongings out of the premises and he asked if he could stay another night. The landlord consented. The tenant stated that the landlord said he could stay rent free. The landlord stated there was no discussion about whether rent would be charged.
I preferred the landlord’s evidence on this point. The tenant was unable to recall how exactly the conversation went. The landlord’s evidence in the hearing left him without a remedy for some of his claims, but he never sought to “fill in the gaps” where more information would have assisted. By contrast discussing extra rent would be a sensitive issue for some which may lead to them avoiding discussing the subject. For the same reason, a discussion on this subject may be less likely to be forgotten.
In the absence of a discussion about the rent for one extra night, I find that the tenancy continued at the same rate for the extra night and ended on 6 November 2023. An adjustment for one day’s extra rent is made.
The landlord provided rent records, power bills and water rates invoices which prove the amounts owing at the end of the tenancy were $1,392.85 for rent, $91.63 for power and $74.09 for water rates.

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, 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 did not leave the premises reasonably clean and tidy and took with him a smoke alarm. The tenant accepted both these claims but stated he still had the smoke alarm and wanted to return it.
As more than four months has passed since the end of the tenancy without the tenant yet returning the smoke alarm, I accept the landlord’s claim for the smoke alarm.
The tenant accepted the claim for cleaning and wall fixing materials.
The landlord made a claim for cleaning and carpet cleaning costs, but no photographs or invoices were provided to the Tribunal. The tenant did not accept the claims.
These claims were not proved and have been dismissed.
The amounts ordered are proved.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4687512 — Rent arrears at 11 San Ambrosio Rise, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4687512 — Rent arrears at 11 San Ambrosio Rise, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power and water rates?

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

How much is owed for rent, power and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions