What was Tenancy Tribunal case 4687931 about?

The tribunal order states: Janine Ann Walker must pay [The landlord/s] $862.48 immediately, calculated as

How much money was awarded in case 4687931?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $708.29 awarded to landlord; Rubbish Removal: $553.75 awarded to landlord

What type of tenancy dispute was case 4687931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4687931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648073-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4687931 about?

The tribunal order states: Janine Ann Walker must pay [The landlord/s] $862.48 immediately, calculated as

How much money was awarded in case 4687931?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $708.29 awarded to landlord; Rubbish Removal: $553.75 awarded to landlord

What type of tenancy dispute was case 4687931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4687931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648073-Tribunal_Order_Redacted.pdf.

432 Hillside Road, South Dunedin, Dunedin 9012 Tenancy Tribunal Case 4687931 — Rent arrears

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432 Hillside Road, South Dunedin, Dunedin 9012 Tenancy Tribunal Case 4687931 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4687931 — net $862.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/9/2023	$708.29	Rent arrears to 7/9/2023
Rubbish removal	$553.75	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$862.48
Total payable by Tenant to Landlord	$862.48

Claims and awards for application 4687931 — net $862.48 NZD. Verify on MoJ.

Rent arrears to 7/9/2023

Amount: $708.29
Awarded to: Landlord
Reason: Rent arrears to 7/9/2023

Rubbish removal

Amount: $553.75
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $862.48

Total payable by Tenant to Landlord

Landlord $862.48

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

Janine Ann Walker must pay [The landlord/s] $862.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $420.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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?

The landlord sought rent arrears of $1,556.86 to 25/9/2023, the date the tenant returned the keys.
In support of the claim the landlord provided rent records and emails about return of the keys.
However, I find the tenancy ended on 8/9/2023 when by agreement the tenant vacated the premises after receiving a 90 day notice that the property was to be put on the market.
As the premises were empty on 8/9/2023, apart from some rubbish and possessions, the landlord was able to re-enter into possession.
I do not consider it reasonable for the landlord to claim and extra $848.57 in rent when the locks could have been changed for a lesser amount because the keys were not returned.
Under section 49 where any party breaches the provisions of the tenancy agreement or Act, the other party shall take all reasonable steps to mitigate loss.

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 landlord claimed $882.50 for rubbish removal, section tidy and tip fees.
In support of the claim the landlord provided invoices and property inspection reports dated 6/7/2018, 25/9/2023 and 27/10/2023.
I am satisfied from the evidence that the tenant did not remove all rubbish and possessions from the premises at the end of the tenancy.
However, the evidence about whether the section needed tidying is less persuasive.
To reflect what I consider are reasonable costs for the work, I have awarded the tip fees claimed but reduced the hourly rate by half from the $65.00 per hour sought.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the landlord because they were largely successful with the claims.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4687931 — net $862.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/9/2023	$708.29	Rent arrears to 7/9/2023
Rubbish removal	$553.75	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$862.48
Total payable by Tenant to Landlord	$862.48

Claims and awards for application 4687931 — net $862.48 NZD. Verify on MoJ.

Rent arrears to 7/9/2023

Amount: $708.29
Awarded to: Landlord
Reason: Rent arrears to 7/9/2023

Rubbish removal

Amount: $553.75
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $862.48

Total payable by Tenant to Landlord

Landlord $862.48

Claim types — money lines allowed on this order

Filing Fee Rent arrears Rubbish Removal

Order

Janine Ann Walker must pay [The landlord/s] $862.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $420.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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?

The landlord sought rent arrears of $1,556.86 to 25/9/2023, the date the tenant returned the keys.
In support of the claim the landlord provided rent records and emails about return of the keys.
However, I find the tenancy ended on 8/9/2023 when by agreement the tenant vacated the premises after receiving a 90 day notice that the property was to be put on the market.
As the premises were empty on 8/9/2023, apart from some rubbish and possessions, the landlord was able to re-enter into possession.
I do not consider it reasonable for the landlord to claim and extra $848.57 in rent when the locks could have been changed for a lesser amount because the keys were not returned.
Under section 49 where any party breaches the provisions of the tenancy agreement or Act, the other party shall take all reasonable steps to mitigate loss.

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 landlord claimed $882.50 for rubbish removal, section tidy and tip fees.
In support of the claim the landlord provided invoices and property inspection reports dated 6/7/2018, 25/9/2023 and 27/10/2023.
I am satisfied from the evidence that the tenant did not remove all rubbish and possessions from the premises at the end of the tenancy.
However, the evidence about whether the section needed tidying is less persuasive.
To reflect what I consider are reasonable costs for the work, I have awarded the tip fees claimed but reduced the hourly rate by half from the $65.00 per hour sought.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the landlord because they were largely successful with the claims.

Tenancy Tribunal case 4687931 — Rent arrears at 432 Hillside Road, South Dunedin, Dunedin 9012

At a glance

Tenancy Tribunal case 4687931 — Rent arrears at 432 Hillside Road, South Dunedin, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions