What was the outcome of Tenancy Tribunal case 4688571?

The tribunal order states: Pardeep Dhaliwal must pay Investment Portfolio Management Limited

How much money was awarded in case 4688571?

Cleaning: $38.07 awarded to landlord; Electricity Outgoings: $275.48 awarded to landlord; Rent Arrears: $822.86 awarded to landlord

What type of tenancy dispute was case 4688571?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4688571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613064-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4688571?

The tribunal order states: Pardeep Dhaliwal must pay Investment Portfolio Management Limited

How much money was awarded in case 4688571?

Cleaning: $38.07 awarded to landlord; Electricity Outgoings: $275.48 awarded to landlord; Rent Arrears: $822.86 awarded to landlord

What type of tenancy dispute was case 4688571?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4688571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613064-Tenancy_Tribunal_Order.pdf.

Unit/Flat 202A, 8 Lakewood Court, Manukau, Auckland Tenancy Tribunal Case 4688571 — Rent arrears

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Unit/Flat 202A, 8 Lakewood Court, Manukau, Auckland Tenancy Tribunal Case 4688571 — 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 4688571 — net $1,136.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2022	$822.86	Rent arrears to 11 January 2022
Oven cleaning	$38.07	Oven cleaning
Electricity outgoings	$275.48	Electricity outgoings
Net award	$1,136.41
Total payable by Tenant to Landlord	$1,136.41

Claims and awards for application 4688571 — net $1,136.41 NZD. Verify on MoJ.

Rent arrears to 11 January 2022

Amount: $822.86
Awarded to: Landlord
Reason: Rent arrears to 11 January 2022

Oven cleaning

Amount: $38.07
Awarded to: Landlord
Reason: Oven cleaning

Electricity outgoings

Amount: $275.48
Awarded to: Landlord
Reason: Electricity outgoings

Net award

Landlord $1,136.41

Total payable by Tenant to Landlord

Landlord $1,136.41

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Pardeep Dhaliwal must pay Investment Portfolio Management Limited Partnership - As Agent For Lakewood Plaza Limited Partnership $1,136.41 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and electricity?

The tenancy ended on 11 January 2022 after tenant served notice on 16 December 2021 that he wanted to break his fixed-term on 11 January 2022, or earlier if a new tenant was found. Rent to 31 December was in arrears but cleared via the release of the bond to the landlord. The landlord sought rent arrears for the period 31 Dec 21 – 31 Jan 22 as a new tenancy did not commence until 1 February 2022. This totalled $1920.00.
The tenant accepts rent liability to 11 January 2022 but believes the landlord failed to take appropriate steps to re-let the premises after his email of 16 December 2021. Having reviewed the evidence, it seems no landlord response to the tenant notice was acknowledged or actioned until he followed up when he vacated. There was a generic landlord listing during this notice period (there are multiple apartments managed in this building) but while this was confirmed by the landlord in an email 12 January 2022, any applications indicated as received during that period were not shown this option as no contact was made with the tenant vis-à-vis showing it.
In a fixed-term tenancy it is typical for the tenant, when breaking the fixed-term, to remain liable for the rent until a new tenancy commences. This may take some time, especially during the summer holiday period such as here. However, when notice is given (verses abandonment) there is an obligation on the landlord to take appropriate steps to establish a new tenancy. Here, once appropriate steps commenced in mid-January a new tenancy quickly formed.
Having considered both submissions, the evidence, and the timing of the notice and any subsequent action, I have determined the landlord did not take re- letting steps until January 2022 and only when further prompted by the tenant. I consider the appropriate date for rent liability to end should align with the 11 January 2022 exit date as signalled by the tenant almost four weeks earlier. That being the case, the final rent arrears is $822.86, and this is ordered.
There were four electricity invoices due, totalling $275.48. The tenant accepted this cost. It is awarded.

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 did not clean the oven and the landlord sought $38.07 compensation for the cost of cleaning it. The tenant did not dispute this and the amount is awarded. Application filing fee
I make no order regarding the application fee. There were sufficient grounds for the tenant to dispute the claimed rent arrears.

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 4688571 — net $1,136.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2022	$822.86	Rent arrears to 11 January 2022
Oven cleaning	$38.07	Oven cleaning
Electricity outgoings	$275.48	Electricity outgoings
Net award	$1,136.41
Total payable by Tenant to Landlord	$1,136.41

Claims and awards for application 4688571 — net $1,136.41 NZD. Verify on MoJ.

Rent arrears to 11 January 2022

Amount: $822.86
Awarded to: Landlord
Reason: Rent arrears to 11 January 2022

Oven cleaning

Amount: $38.07
Awarded to: Landlord
Reason: Oven cleaning

Electricity outgoings

Amount: $275.48
Awarded to: Landlord
Reason: Electricity outgoings

Net award

Landlord $1,136.41

Total payable by Tenant to Landlord

Landlord $1,136.41

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Pardeep Dhaliwal must pay Investment Portfolio Management Limited Partnership - As Agent For Lakewood Plaza Limited Partnership $1,136.41 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and electricity?

The tenancy ended on 11 January 2022 after tenant served notice on 16 December 2021 that he wanted to break his fixed-term on 11 January 2022, or earlier if a new tenant was found. Rent to 31 December was in arrears but cleared via the release of the bond to the landlord. The landlord sought rent arrears for the period 31 Dec 21 – 31 Jan 22 as a new tenancy did not commence until 1 February 2022. This totalled $1920.00.
The tenant accepts rent liability to 11 January 2022 but believes the landlord failed to take appropriate steps to re-let the premises after his email of 16 December 2021. Having reviewed the evidence, it seems no landlord response to the tenant notice was acknowledged or actioned until he followed up when he vacated. There was a generic landlord listing during this notice period (there are multiple apartments managed in this building) but while this was confirmed by the landlord in an email 12 January 2022, any applications indicated as received during that period were not shown this option as no contact was made with the tenant vis-à-vis showing it.
In a fixed-term tenancy it is typical for the tenant, when breaking the fixed-term, to remain liable for the rent until a new tenancy commences. This may take some time, especially during the summer holiday period such as here. However, when notice is given (verses abandonment) there is an obligation on the landlord to take appropriate steps to establish a new tenancy. Here, once appropriate steps commenced in mid-January a new tenancy quickly formed.
Having considered both submissions, the evidence, and the timing of the notice and any subsequent action, I have determined the landlord did not take re- letting steps until January 2022 and only when further prompted by the tenant. I consider the appropriate date for rent liability to end should align with the 11 January 2022 exit date as signalled by the tenant almost four weeks earlier. That being the case, the final rent arrears is $822.86, and this is ordered.
There were four electricity invoices due, totalling $275.48. The tenant accepted this cost. It is awarded.

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 did not clean the oven and the landlord sought $38.07 compensation for the cost of cleaning it. The tenant did not dispute this and the amount is awarded. Application filing fee
I make no order regarding the application fee. There were sufficient grounds for the tenant to dispute the claimed rent arrears.

Tenancy Tribunal case 4688571 — Rent arrears at Unit/Flat 202A, 8 Lakewood Court, Manukau, Auckland

At a glance

Tenancy Tribunal case 4688571 — Rent arrears at Unit/Flat 202A, 8 Lakewood Court, Manukau, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and electricity?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and electricity?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions