What was Tenancy Tribunal case 4701391 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $5,240.88 immediately, calculated as

How much money was awarded in case 4701391?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4664831 D…: $7,300.44 awarded to landlord

What type of tenancy dispute was case 4701391?

The dispute type was not classified.

Where can I read the official tribunal order for case 4701391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9646183-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4701391 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $5,240.88 immediately, calculated as

How much money was awarded in case 4701391?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4664831 D…: $7,300.44 awarded to landlord

What type of tenancy dispute was case 4701391?

The dispute type was not classified.

Where can I read the official tribunal order for case 4701391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9646183-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4701391 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4701391 — net $5,240.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4664831 dated 03/10/2023	$7,300.44	Previous order application 4664831 dated 03/10/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,240.88
Total payable by Tenant to Landlord	$5,240.88

[The tenant/s] must pay [The landlord/s] $5,240.88 immediately, calculated as shown in the table below.

This order incorporates the Tribunal order made on 3 October 2023 under application 4701391.

The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $5,240.88.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The hearing was held by teleconference. The agent for the landlord attended the hearing. The landlord advised that the tenant had passed away recently. No representatives or administrator for the tenant’s estate had appeared.

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

How much is owed at the end of the tenancy?

The tenancy was ended by the Tribunal on 3 October 2023.

The Tribunal made an order for rent arrears to 3 October 2023 ($7,280.00) and reimbursement of the filing fee ($20.44). The previous order (application 4664831) is incorporated into this order for enforcement purposes.

Is the landlord entitled to a disposal order?

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The landlord gave the tenant an opportunity to collect her goods. The tenant collected some of her belongings but left some items at the property. The landlord believes that the items left behind were likely items the tenant no longer wanted. Several attempts were made by the landlord to contact the tenant to discuss arrangements for the remainder of her items at the property but without success.

Since the landlord has been advised of the tenant’s death, it is reasonable for the landlord to make attempts to locate a next of kin or personal representative for the tenant to collect the goods.

Should the landlord not be able to locate a next of kin or personal representative for the tenant by 5pm on Friday 24 November 2023, the landlord may sell the goods that have value at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986 (“RTA”)).

The landlord may dispose of any goods that have no saleable value. Filing fee and suppression order

As the landlord has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Section 95A(4) RTA provides that the Tribunal may on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.

I consider that in this case, given the sensitive nature of the tenant’s circumstances and that the family are likely to still be in the period of mourning, it is appropriate to grant suppression to maintain privacy. There is no legitimate public interest that would require publication of either party’s name. I therefore order suppression of both parties’ names and identifying details.

Claims and awards in Tenancy Tribunal application 4701391 — net $5,240.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4664831 dated 03/10/2023	$7,300.44	Previous order application 4664831 dated 03/10/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,240.88
Total payable by Tenant to Landlord	$5,240.88

Order

[The tenant/s] must pay [The landlord/s] $5,240.88 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 3 October 2023 under application 4701391.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $5,240.88.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The hearing was held by teleconference. The agent for the landlord attended the hearing. The landlord advised that the tenant had passed away recently. No representatives or administrator for the tenant’s estate had appeared.
The landlord has applied for rent arrears, refund of the bond, a disposal order and reimbursement of the filing fee following the end of the tenancy.

How much is owed at the end of the tenancy?

The tenancy was ended by the Tribunal on 3 October 2023.
The Tribunal made an order for rent arrears to 3 October 2023 ($7,280.00) and reimbursement of the filing fee ($20.44). The previous order (application 4664831) is incorporated into this order for enforcement purposes.

Is the landlord entitled to a disposal order?

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord gave the tenant an opportunity to collect her goods. The tenant collected some of her belongings but left some items at the property. The landlord believes that the items left behind were likely items the tenant no longer wanted. Several attempts were made by the landlord to contact the tenant to discuss arrangements for the remainder of her items at the property but without success.
Since the landlord has been advised of the tenant’s death, it is reasonable for the landlord to make attempts to locate a next of kin or personal representative for the tenant to collect the goods.
Should the landlord not be able to locate a next of kin or personal representative for the tenant by 5pm on Friday 24 November 2023, the landlord may sell the goods that have value at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986 (“RTA”)).
The landlord may dispose of any goods that have no saleable value. Filing fee and suppression order
As the landlord has wholly succeeded with the claim, I must order reimbursement of the filing fee.
Section 95A(4) RTA provides that the Tribunal may on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.
I consider that in this case, given the sensitive nature of the tenant’s circumstances and that the family are likely to still be in the period of mourning, it is appropriate to grant suppression to maintain privacy. There is no legitimate public interest that would require publication of either party’s name. I therefore order suppression of both parties’ names and identifying details.

Tenancy Tribunal case 4701391 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4701391 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed at the end of the tenancy?

Is the landlord entitled to a disposal order?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed at the end of the tenancy?

Is the landlord entitled to a disposal order?

Topics & place

Residential Tenancies Act sections

Frequently asked questions