What was Tenancy Tribunal case 4754254 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,517.19 immediately, calculated as

How much money was awarded in case 4754254?

Rubbish Removal: $3,037.97 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $345.00 awarded to landlord; Storage Fees: $920.00 awarded to landlord; Water Rates: $193.78 awarded to landlord

What type of tenancy dispute was case 4754254?

The dispute type was not classified.

Where can I read the official tribunal order for case 4754254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10151663-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4754254 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,517.19 immediately, calculated as

How much money was awarded in case 4754254?

Rubbish Removal: $3,037.97 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $345.00 awarded to landlord; Storage Fees: $920.00 awarded to landlord; Water Rates: $193.78 awarded to landlord

What type of tenancy dispute was case 4754254?

The dispute type was not classified.

Where can I read the official tribunal order for case 4754254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10151663-Tribunal_Order_Redacted.pdf.

8 Jenelin Road, Glendene, Auckland 0602 Tenancy Tribunal Case 4754254 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4754254 — net $4,517.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$3,037.97	Cleaning: and rubbish removal
Pest control	$345.00	Pest control
Water rates	$193.78	Water rates
storage fees	$920.00	storage fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,517.19
Total payable by Tenant to Landlord	$4,517.19

[The tenant/s] must pay [The landlord/s] $4,517.19 immediately, calculated as shown in table below. DescriptionLandlord Cleaning: and rubbish removal$3,037.97 Pest control$345.00 Water rates$193.78 storage fees$920.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,517.19

The tenant must pay the debt in order 2 at the rate of $100 per week.

The first payment must be made on Wednesday, 3 April 2024 and payments must continue every Wednesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing.

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

How much is owed for water rates?

The tenancy ended on 27 November 2023, by order of the Tribunal. The landlord provided water rates invoices 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.

Having heard the evidence and seen the photographs provided, I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepts that this is the case.

The only aspect disputed by the tenant is the pest treatment. The tenant’s position is that their dogs were outside, and not responsible for the fleas. However, the tenant accepts that there were no flea issues at the property at the commencement of the tenancy. The landlord’s position is that there was a significant flea infestation at the end of the tenancy. Taking into account the fact that there were 2 dogs at the premises, and the evidence of the landlord, I am satisfied that this portion of the claim is proved.

The amounts ordered are proved.

At the end of the tenancy, the landlord arranged to store some of the tenant’s possessions in the garage of the property. This was an alternative to disposing of it, given the tenant was in emergency housing and had no storage options. The cost of storage is less than that of a commercial storage unit and has been calculated on the basis of the reduced rent the landlord is charging for the premises without a garage. I am satisfied that this is an appropriate quantum, and the tenant accepts liability for this.

The tenant now has housing available and will collect the items in the coming weekend, 6-7 April 2024.

The landlord and tenant both seek suppression of their names and identifying details. The landlord is entitled to this, on that basis that their application has been wholly successful. The tenant has consented to the majority of the orders and has made an agreement to repay the outstanding sum, which is to her credit. On the basis that this is, essentially, a consent order, I consider the tenant’s interests outweigh the public interest in publication and I order suppression accordingly.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4754254 — net $4,517.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$3,037.97	Cleaning: and rubbish removal
Pest control	$345.00	Pest control
Water rates	$193.78	Water rates
storage fees	$920.00	storage fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,517.19
Total payable by Tenant to Landlord	$4,517.19

Order

[The tenant/s] must pay [The landlord/s] $4,517.19 immediately, calculated as shown in table below. DescriptionLandlord Cleaning: and rubbish removal$3,037.97 Pest control$345.00 Water rates$193.78 storage fees$920.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,517.19
The tenant must pay the debt in order 2 at the rate of $100 per week.
The first payment must be made on Wednesday, 3 April 2024 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

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

How much is owed for water rates?

The tenancy ended on 27 November 2023, by order of the Tribunal. The landlord provided water rates invoices 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.
Having heard the evidence and seen the photographs provided, I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepts that this is the case.
The only aspect disputed by the tenant is the pest treatment. The tenant’s position is that their dogs were outside, and not responsible for the fleas. However, the tenant accepts that there were no flea issues at the property at the commencement of the tenancy. The landlord’s position is that there was a significant flea infestation at the end of the tenancy. Taking into account the fact that there were 2 dogs at the premises, and the evidence of the landlord, I am satisfied that this portion of the claim is proved.
The amounts ordered are proved.
At the end of the tenancy, the landlord arranged to store some of the tenant’s possessions in the garage of the property. This was an alternative to disposing of it, given the tenant was in emergency housing and had no storage options. The cost of storage is less than that of a commercial storage unit and has been calculated on the basis of the reduced rent the landlord is charging for the premises without a garage. I am satisfied that this is an appropriate quantum, and the tenant accepts liability for this.
The tenant now has housing available and will collect the items in the coming weekend, 6-7 April 2024.
The landlord and tenant both seek suppression of their names and identifying details. The landlord is entitled to this, on that basis that their application has been wholly successful. The tenant has consented to the majority of the orders and has made an agreement to repay the outstanding sum, which is to her credit. On the basis that this is, essentially, a consent order, I consider the tenant’s interests outweigh the public interest in publication and I order suppression accordingly.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4754254 — Tenancy dispute at 8 Jenelin Road, Glendene, Auckland 0602

At a glance

Tenancy Tribunal case 4754254 — Tenancy dispute at 8 Jenelin Road, Glendene, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions