What was the outcome of Tenancy Tribunal case 4740389?

The tribunal order states: The tenancy of Christian Strickland at Room 1, Unit/Flat 18, 15 Park Avenue,

How much money was awarded in case 4740389?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,571.42 awarded to landlord

What type of tenancy dispute was case 4740389?

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

Where can I read the official tribunal order for case 4740389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9748337-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740389?

The tribunal order states: The tenancy of Christian Strickland at Room 1, Unit/Flat 18, 15 Park Avenue,

How much money was awarded in case 4740389?

Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,571.42 awarded to landlord

What type of tenancy dispute was case 4740389?

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

Where can I read the official tribunal order for case 4740389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9748337-Tenancy_Tribunal_Order.pdf.

Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt Tenancy Tribunal Case 4740389 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt Tenancy Tribunal Case 4740389 — 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 4740389 — net $2,166.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 December 2023	$1,571.42	Rent arrears to 12 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: and removal of belongings	$575.00	Cleaning: and removal of belongings
Net award	$2,166.86
Total payable by Tenant to Landlord	$2,166.86

Claims and awards for application 4740389 — net $2,166.86 NZD. Verify on MoJ.

Rent arrears to 12 December 2023

Amount: $1,571.42
Awarded to: Landlord
Reason: Rent arrears to 12 December 2023

Filing fee reimbursement

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

Cleaning: and removal of belongings

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning: and removal of belongings

Net award

Landlord $2,166.86

Total payable by Tenant to Landlord

Landlord $2,166.86

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The tenancy of Christian Strickland at Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt 5011 is terminated, and possession is granted to BRC Limited, immediately.
Christian Strickland must pay BRC Limited $2,166.86 immediately, calculated as shown in table below.
All other clams are dismissed.

Reasons

The landlord attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord. See section 61 Residential Tenancies Act 1986 (RTA).
The parties have a fixed term tenancy. The landlord became aware that the tenant may have abandoned the tenancy when rent stopped being paid on 2 November 2023. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Does the tenant owe money to the landlord?

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) RTA.
The premises are not reasonably clean and tidy, and the landlord will have to clean and remove rubbish and belongings before the room can be rented again. I have seen photos of the room. I am persuaded the amount quoted is reasonable.
There is a large claim for the cost of replacing the locks on the exterior door to the unit. The landlord must prove the damage was done by the tenant or by someone at the premises with the tenant’s permission. The lock can be accessed from a common area. The landlord only has hearsay evidence from the remaining tenants that the lock was damaged by the tenant’s girlfriend. I am not persuaded the landlord has proved it was the tenant’s girlfriend who damaged the lock, or that she was there with his permission, and this claim is dismissed. See sections 40(2)(a), 41 and 49B RTA.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4740389 — net $2,166.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 December 2023	$1,571.42	Rent arrears to 12 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: and removal of belongings	$575.00	Cleaning: and removal of belongings
Net award	$2,166.86
Total payable by Tenant to Landlord	$2,166.86

Claims and awards for application 4740389 — net $2,166.86 NZD. Verify on MoJ.

Rent arrears to 12 December 2023

Amount: $1,571.42
Awarded to: Landlord
Reason: Rent arrears to 12 December 2023

Filing fee reimbursement

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

Cleaning: and removal of belongings

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning: and removal of belongings

Net award

Landlord $2,166.86

Total payable by Tenant to Landlord

Landlord $2,166.86

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The tenancy of Christian Strickland at Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt 5011 is terminated, and possession is granted to BRC Limited, immediately.
Christian Strickland must pay BRC Limited $2,166.86 immediately, calculated as shown in table below.
All other clams are dismissed.

Reasons

The landlord attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord. See section 61 Residential Tenancies Act 1986 (RTA).
The parties have a fixed term tenancy. The landlord became aware that the tenant may have abandoned the tenancy when rent stopped being paid on 2 November 2023. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Does the tenant owe money to the landlord?

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) RTA.
The premises are not reasonably clean and tidy, and the landlord will have to clean and remove rubbish and belongings before the room can be rented again. I have seen photos of the room. I am persuaded the amount quoted is reasonable.
There is a large claim for the cost of replacing the locks on the exterior door to the unit. The landlord must prove the damage was done by the tenant or by someone at the premises with the tenant’s permission. The lock can be accessed from a common area. The landlord only has hearsay evidence from the remaining tenants that the lock was damaged by the tenant’s girlfriend. I am not persuaded the landlord has proved it was the tenant’s girlfriend who damaged the lock, or that she was there with his permission, and this claim is dismissed. See sections 40(2)(a), 41 and 49B RTA.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4740389 — Rent arrears at Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt

At a glance

Tenancy Tribunal case 4740389 — Rent arrears at Room 1, Unit/Flat 18, 15 Park Avenue, Epuni, Lower Hutt

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Does the tenant owe money to the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Does the tenant owe money to the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions