What was Tenancy Tribunal case 4690837 about?

The tribunal order states: Justin James Taia must pay [The landlord/s] $2,226.44 immediately, calculated

How much money was awarded in case 4690837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord; Replace Microwave Oven: $40.00 awarded to landlord; Replace Shelf And Drawers: $50.00 awarded to landlord

What type of tenancy dispute was case 4690837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4690837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9680843-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4690837 about?

The tribunal order states: Justin James Taia must pay [The landlord/s] $2,226.44 immediately, calculated

How much money was awarded in case 4690837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord; Replace Microwave Oven: $40.00 awarded to landlord; Replace Shelf And Drawers: $50.00 awarded to landlord

What type of tenancy dispute was case 4690837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4690837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9680843-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4690837 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4690837 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19 September 2023	$2,520.00		Rent arrears to 19 September 2023
Replace shelf and drawers	$50.00		Replace shelf and drawers
Replace microwave oven	$40.00		Replace microwave oven
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Bond held by landlord		$560.00	Bond held by landlord
Total award	$2,630.44	$560.00
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

The landlord attended the hearing. The tenant did not attend.

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?

The tenancy ended on 19 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

The landlord claims the cost to replace chattels which she said the tenant removed from his room (the tenancy premises) at the end of the tenancy. The landlord claims that the chattels missing include a microwave and a fridge freezer that had been provided for use by all the tenants in the communal kitchen but had been moved by the tenant into his room. The other missing chattels which the landlord said were provided for exclusive use by the tenant was a heater which the landlord said was purchased new at the tenancy commencement (August 2022), a chest of drawers, and a wooden shelf.

In the absence of evidence to the contrary I find the tenant liable for the missing chattels.

The landlord provided evidence to support the cost to replace the microwave, drawers and shelf. When assessing the amount of compensation for these items, I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age of the items and their likely useful lifespan.

The landlord claimed the sum of $215.00 to replace the microwave which she said was about three years old. Microwaves are expected to last approximately four years. I considered compensation of $40.00 reasonable to compensate her for the missing microwave. The age of the shelf and drawers are not known. In the circumstances I consider the sum of 50.00 reasonable for these items.

The claim to replace the fridge freezer is dismissed because the landlord has not provided sufficient evidence to support the amount claimed. The landlord said that she replaced it with a fridge freezer that she had in her possession. The claim for the cost to replace the heater is dismissed because the landlord did not provide a copy of the receipt for the purchase of the heater, which she said was with her accountant, despite being given the opportunity to do so.

The landlord has been partially successful in her claims and I consider this an appropriate case to award her payment of the Tribunal application fee.

Should a suppression order be made?

The landlord applied, in her application, for a suppression order.

Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The landlord has been substantially successful in her claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s names and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 4690837 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19 September 2023	$2,520.00		Rent arrears to 19 September 2023
Replace shelf and drawers	$50.00		Replace shelf and drawers
Replace microwave oven	$40.00		Replace microwave oven
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Bond held by landlord		$560.00	Bond held by landlord
Total award	$2,630.44	$560.00
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

Order

Justin James Taia must pay [The landlord/s] $2,226.44 immediately, calculated as shown in table below.
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
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?

The tenancy ended on 19 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

The landlord claims the cost to replace chattels which she said the tenant removed from his room (the tenancy premises) at the end of the tenancy. The landlord claims that the chattels missing include a microwave and a fridge freezer that had been provided for use by all the tenants in the communal kitchen but had been moved by the tenant into his room. The other missing chattels which the landlord said were provided for exclusive use by the tenant was a heater which the landlord said was purchased new at the tenancy commencement (August 2022), a chest of drawers, and a wooden shelf.
In the absence of evidence to the contrary I find the tenant liable for the missing chattels.
The landlord provided evidence to support the cost to replace the microwave, drawers and shelf. When assessing the amount of compensation for these items, I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age of the items and their likely useful lifespan.
The landlord claimed the sum of $215.00 to replace the microwave which she said was about three years old. Microwaves are expected to last approximately four years. I considered compensation of $40.00 reasonable to compensate her for the missing microwave. The age of the shelf and drawers are not known. In the circumstances I consider the sum of 50.00 reasonable for these items.
The claim to replace the fridge freezer is dismissed because the landlord has not provided sufficient evidence to support the amount claimed. The landlord said that she replaced it with a fridge freezer that she had in her possession. The claim for the cost to replace the heater is dismissed because the landlord did not provide a copy of the receipt for the purchase of the heater, which she said was with her accountant, despite being given the opportunity to do so.
The landlord has been partially successful in her claims and I consider this an appropriate case to award her payment of the Tribunal application fee.

Should a suppression order be made?

The landlord applied, in her application, for a suppression order.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been substantially successful in her claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s names and identifying details be suppressed.

Tenancy Tribunal case 4690837 — Rent arrears

At a glance

Tenancy Tribunal case 4690837 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions