What was Tenancy Tribunal case 4688410 about?

The tribunal order states: Dylan Spotswood and Angela Fyfeshepherd must pay [The landlord/s] $597.09

How much money was awarded in case 4688410?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,064.00 awarded to landlord; Rubbish Removal: $1,015.00 awarded to landlord; Water Rates: $217.65 awarded to landlord

What type of tenancy dispute was case 4688410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4688410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10018983-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4688410 about?

The tribunal order states: Dylan Spotswood and Angela Fyfeshepherd must pay [The landlord/s] $597.09

How much money was awarded in case 4688410?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,064.00 awarded to landlord; Rubbish Removal: $1,015.00 awarded to landlord; Water Rates: $217.65 awarded to landlord

What type of tenancy dispute was case 4688410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4688410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10018983-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4688410 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4688410 — net $597.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3.10.23	$1,064.00	Rent arrears to 3.10.23
Water rates	$217.65	Water rates
Rubbish removal	$1,015.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$597.09
Total payable by Tenant to Landlord	$597.09

Only the landlord attended this hearing. While notified, there was no appearance by the tenant or guarantor.

This tenancy began on 7 January 2021 and came to an end on 3 October 2023. On 6 January 2021 the tenant’s mother, Ms Fyfeshepherd, signed a written statement agreeing to be the tenant’s guarantor for rent and other expenses incurred during the tenancy.

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

How much is owed for rent and water rates?

The tenancy ended on 3 October 2023, being the date the landlord received the keys from the tenant. The landlord provided rent records and water rates invoices which prove the amount owing at 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 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims rubbish removal costs. The landlord has provided photographic evidence that rubbish, furniture and other large items were left behind by the tenant. This evidence establishes that the tenant did not remove all rubbish at the end of the tenancy. An invoice for the rubbish removal costs was produced.

The amounts ordered are proved. Guarantor

Under the Residential Tenancies Act 1986 (the RTA) a guarantor is defined in Section 2 as: guarantor, in relation to a tenancy, means a person who guarantees the performance of the tenant’s obligations, or who indemnifies the landlord against loss that he or she may incur in respect of the tenancy, or who assumes liability for the performance of the obligations of the tenant, and guarantee has a corresponding meaning.

On 6 January 2021 Ms Fyfeshepherd (the guarantor) provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. The obligations included the payment of rent and any expenses incurred during the tenancy.

The Tribunal has ordered the tenant to pay $597.09 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.

I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) of the RTA. Filing fee

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. Name suppression

An application for suppression has been made in this case by the landlord. As the landlord has been successful in the proceedings, the Tribunal orders suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4688410 — net $597.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3.10.23	$1,064.00	Rent arrears to 3.10.23
Water rates	$217.65	Water rates
Rubbish removal	$1,015.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$597.09
Total payable by Tenant to Landlord	$597.09

Order

Dylan Spotswood and Angela Fyfeshepherd must pay [The landlord/s] $597.09 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended this hearing. While notified, there was no appearance by the tenant or guarantor.
This tenancy began on 7 January 2021 and came to an end on 3 October 2023. On 6 January 2021 the tenant’s mother, Ms Fyfeshepherd, signed a written statement agreeing to be the tenant’s guarantor for rent and other expenses incurred during the tenancy.
The landlord has applied for rent arrears, water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 October 2023, being the date the landlord received the keys from the tenant. The landlord provided rent records and water rates invoices which prove the amount owing at 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 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims rubbish removal costs. The landlord has provided photographic evidence that rubbish, furniture and other large items were left behind by the tenant. This evidence establishes that the tenant did not remove all rubbish at the end of the tenancy. An invoice for the rubbish removal costs was produced.
The amounts ordered are proved. Guarantor
Under the Residential Tenancies Act 1986 (the RTA) a guarantor is defined in Section 2 as: guarantor, in relation to a tenancy, means a person who guarantees the performance of the tenant’s obligations, or who indemnifies the landlord against loss that he or she may incur in respect of the tenancy, or who assumes liability for the performance of the obligations of the tenant, and guarantee has a corresponding meaning.
On 6 January 2021 Ms Fyfeshepherd (the guarantor) provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. The obligations included the payment of rent and any expenses incurred during the tenancy.
The Tribunal has ordered the tenant to pay $597.09 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) of the RTA. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. Name suppression
An application for suppression has been made in this case by the landlord. As the landlord has been successful in the proceedings, the Tribunal orders suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4688410 — Rent arrears

At a glance

Tenancy Tribunal case 4688410 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent 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 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