What was the outcome of Tenancy Tribunal case 4752769?

The tribunal order states: Ian Pera Paul must pay Kerry Johann Meerkerk $7,348.62 immediately,

How much money was awarded in case 4752769?

Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Legal Costs: $1,824.75 awarded to landlord; Property Damage: $580.00 awarded to landlord; Rent Arrears: $6,171.43 awarded to landlord

What type of tenancy dispute was case 4752769?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4752769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021909-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4752769?

The tribunal order states: Ian Pera Paul must pay Kerry Johann Meerkerk $7,348.62 immediately,

How much money was awarded in case 4752769?

Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Legal Costs: $1,824.75 awarded to landlord; Property Damage: $580.00 awarded to landlord; Rent Arrears: $6,171.43 awarded to landlord

What type of tenancy dispute was case 4752769?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4752769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021909-Tenancy_Tribunal_Order.pdf.

7 Price Terrace, Matamata, Matamata 3400 Tenancy Tribunal Case 4752769 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4752769 — net $7,348.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,171.43	Rent arrears
Lock/key replacement	$580.00	Lock/key replacement
Cleaning	$552.00	Cleaning
Legal costs	$1,824.75	Legal costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,348.62
Total payable by Tenant to Landlord	$7,348.62

The landlord attended the hearing via teleconference with his legal representative, Ms Dale Houghton. The tenant did not appear.

The landlord has applied for rent arrears, compensation, refund of the bond, legal costs, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 October 2023 by eviction. 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?

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and the locks had to be changed due to the eviction.

The amounts ordered are proved.

The landlord also claimed $548.00 for a security guard at the premises after the eviction. This part of the claim is dismissed as the landlord had already secured the premises by changing the locks. Legal costs

The landlord sought legal costs and counsel filed a memorandum after the hearing as instructed. The landlord seeks $2,838.50 which represents 70% of actual costs of $4,055.00.

Pursuant to ss102(2) and 102(3)(b) of the RTA the Tribunal can order an unsuccessful party to pay reasonable costs to the other party in connection with the proceedings where parties are represented by counsel.

The issue is what are ‘reasonable costs’ in the circumstances.

These matters were initially before the Tribunal on 13 December 2023. The tenant failed to appear, so his application was dismissed. The cross application was adjourned as it had only been filed on 6 December and sent to the applicant on 12 December.

In the Tenancy Tribunal there is no schedule as to costs and so the Tribunal relies on common law case authorities that outline the principles as to awards of costs. Prior to the introduction of schedules, the District Court and High Court the courts awarded a reasonable contribution to costs based on a “shopping list” of factors – for example the length of the hearing, the amount involved, the importance of the issues, legal and factual complexity, urgency, preparation time, any unnecessary steps, arguments lacking substance, unnecessarily technical points taken, degree of success and conduct of the parties – see Holden Architectural Finishes Ltd [1997] 3 NZLR at 149-149.

However at 149 the court stated “ ... a court [or Tribunal] should not forget the ultimate question or overlook the principles which underlie. There is wood as well as these trees. The ultimate question always remains: What is a reasonable contribution in these particular circumstances?”

The leading text by Grinlinton Residential Tenancies (4th edition, 2012) at para

3.5 states: The Tribunal may also order a party to pay the reasonable costs of any other party to the proceedings ... The general principles that are applied by the courts on the quantum of costs, may also be applied by the Tribunal referring to the factors set out in Holden v Architectural Finishes Ltd [1997] 3 NZLR 143 at 148 – 149. What is considered “reasonable contribution” to a successful party’s costs will depend on many factors, but there is authority that a figure of 60 percent is regarded as the average, with most awards falling within the range of 40-70 per cent of actual costs (Holden v Architectural Finishes Ltd at 149-150).

With reference to the list of factors set out in Holden v Architectural Finishes, I have assessed that the amount of time spent on hearing the claims in the Tribunal amounted to approximately thirty minutes in total. The matters were not complex. While the applicant did not appear before the Tribunal, there is no evidence that he unnecessarily prolonged proceedings, nor that his arguments lacked substance, or were otherwise frivolous or vexatious.

Counsel relies on a decision from the District Court 1 that costs claimed did not exceed actual costs, did not amount to indemnity costs and did not exceed costs that may otherwise have been awarded under category 1A. Costs equated to 45% of actual costs and was well within the acceptable range.

Counsel also cites a Tribunal case 2 in which costs were awarded on a category 1A basis. However that case differs somewhat from this matter as it involved a Body Corporate and the Unit Titles Act 2010.

Category 1A scale costs are $4,445.00 and counsel seeks $2,838.50 which represents 70% of actual costs.

Tribunal process and procedures are designed to ensure that parties are able to appear in person to present their view of a claim without the need for any representation, even if they are entitled to such representation, and to make justice both accessible and inexpensive. 1 French v Ryan DC Auckland CIV-2012-4-711, 29 November 2012. 2 Sneddon v Ridley [2021] NZTT Queenstown 9030141

After balancing all of the above factors and giving careful consideration to the circumstances of these proceedings, I consider that 45% of actual costs is a reasonable costs award and I therefore make an award of $1,824.75.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4752769 — net $7,348.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,171.43	Rent arrears
Lock/key replacement	$580.00	Lock/key replacement
Cleaning	$552.00	Cleaning
Legal costs	$1,824.75	Legal costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,348.62
Total payable by Tenant to Landlord	$7,348.62

The landlord attended the hearing via teleconference with his legal representative, Ms Dale Houghton. The tenant did not appear.

The landlord has applied for rent arrears, compensation, refund of the bond, legal costs, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 October 2023 by eviction. 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 tenant did not leave the premises reasonably clean and tidy, and the locks had to be changed due to the eviction.

The amounts ordered are proved.

The landlord sought legal costs and counsel filed a memorandum after the hearing as instructed. The landlord seeks $2,838.50 which represents 70% of actual costs of $4,055.00.

The issue is what are ‘reasonable costs’ in the circumstances.

The leading text by Grinlinton Residential Tenancies (4th edition, 2012) at para

Category 1A scale costs are $4,445.00 and counsel seeks $2,838.50 which represents 70% of actual costs.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4752769 — Rent arrears at 7 Price Terrace, Matamata, Matamata 3400

At a glance

Tenancy Tribunal case 4752769 — Rent arrears at 7 Price Terrace, Matamata, Matamata 3400

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions