What was Tenancy Tribunal case 4755075 about?

The tribunal order states: [The tenant/s] pay Fruition Developments Limited $1,500.00 being rent arrears

How much money was awarded in case 4755075?

Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 4755075?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4755075?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10041820-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4755075 about?

The tribunal order states: [The tenant/s] pay Fruition Developments Limited $1,500.00 being rent arrears

How much money was awarded in case 4755075?

Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 4755075?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4755075?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10041820-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4755075 — Rent arrears

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New Zealand Tenancy Tribunal Case 4755075 — 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 4755075 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$2,400.00	3. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenan…
Net award	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 4755075 — net $1,500.00 NZD. Verify on MoJ.

Rent arrears by consent

Amount: $2,400.00
Awarded to: Landlord
Reason: 3. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenan…

Net award

Landlord $1,500.00

Total payable by Tenant to Landlord

Landlord $1,500.00

Claim types — money lines allowed on this order

Rent arrears

Order

[The tenant/s] pay Fruition Developments Limited $1,500.00 being rent arrears to 21 September 2022.
The Bond Centre is to pay the bond of $900.00 ([Bond number suppressed]) to Fruition Developments Limited immediately.

Reasons

Both parties attended the hearing. The Tenant [Tenant 1] appeared. [Tenant 2] did not attend.
This tenancy commenced on 15 June 2019 and ended on 21 September 2022. It was initially managed by a different real estate company then the Landlord/owner Mr Tuala purchased the property in November 2020. He continued having the property managed then took over management later on.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenancy.
At the hearing the Landlord withdrew their claim for water rates arrears and the parties by consent, agreed to the Tenant paying the Landlord rent arrears of $2400.00. Compensation
The Landlord claimed $816.50 for rubbish removal. He submitted that the Tenant left behind a considerable amount of rubbish found in the garage and on the deck. This included tyres, bedroom furniture, chairs, a sofa, a dining table, general rubbish and a lawnmower. The Landlord did not have any photographs of the rubbish but presented an invoice for the collection of the rubbish. It did not describe what items were removed in the rubbish.
The Landlord deposed he had given the Tenant weeks to collect their belongings at the end of the tenancy which the Tenant agreed to because he moved down the road. The Landlord did not have a copy of the entry inspection report to ascertain what was at the property at the start of the tenancy. The Landlord submitted the rubbish did not belong to the other units because the garage was only used by the Tenant and at no stage did the Tenant state the rubbish was someone else’s.
The Tenant claimed the rubbish was left behind by the previous Tenants or belonged to the neighbouring Tenants. He produced a letter of complaint he wrote to the Landlord in 2021 which asked about having the items in the garage removed from the previous Tenants. The Tenant submits he told the Landlord it was not his belongings.
In considering the evidence, the Landlord has not provided an entry inspection report which will verify what was at the property when the Tenant moved in. He also did not take photographs of the rubbish or provide an exit inspection report. The onus is on the Applicant/Landlord to prove their claim and without this evidence, I am not satisfied that the claim for rubbish removal should be awarded.
The claim is dismissed.
As the Tenant has been wholly successful in their defence, name suppression is granted to the Tenant and the Landlord shall pay their own filing fee.
As the Landlord has not been successful, name suppression is not granted to the Landlord.

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 4755075 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$2,400.00	3. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenan…
Net award	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 4755075 — net $1,500.00 NZD. Verify on MoJ.

Rent arrears by consent

Amount: $2,400.00
Awarded to: Landlord
Reason: 3. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenan…

Net award

Landlord $1,500.00

Total payable by Tenant to Landlord

Landlord $1,500.00

Claim types — money lines allowed on this order

Rent arrears

Order

[The tenant/s] pay Fruition Developments Limited $1,500.00 being rent arrears to 21 September 2022.
The Bond Centre is to pay the bond of $900.00 ([Bond number suppressed]) to Fruition Developments Limited immediately.

Reasons

Both parties attended the hearing. The Tenant [Tenant 1] appeared. [Tenant 2] did not attend.
This tenancy commenced on 15 June 2019 and ended on 21 September 2022. It was initially managed by a different real estate company then the Landlord/owner Mr Tuala purchased the property in November 2020. He continued having the property managed then took over management later on.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee at the end of the tenancy.
At the hearing the Landlord withdrew their claim for water rates arrears and the parties by consent, agreed to the Tenant paying the Landlord rent arrears of $2400.00. Compensation
The Landlord claimed $816.50 for rubbish removal. He submitted that the Tenant left behind a considerable amount of rubbish found in the garage and on the deck. This included tyres, bedroom furniture, chairs, a sofa, a dining table, general rubbish and a lawnmower. The Landlord did not have any photographs of the rubbish but presented an invoice for the collection of the rubbish. It did not describe what items were removed in the rubbish.
The Landlord deposed he had given the Tenant weeks to collect their belongings at the end of the tenancy which the Tenant agreed to because he moved down the road. The Landlord did not have a copy of the entry inspection report to ascertain what was at the property at the start of the tenancy. The Landlord submitted the rubbish did not belong to the other units because the garage was only used by the Tenant and at no stage did the Tenant state the rubbish was someone else’s.
The Tenant claimed the rubbish was left behind by the previous Tenants or belonged to the neighbouring Tenants. He produced a letter of complaint he wrote to the Landlord in 2021 which asked about having the items in the garage removed from the previous Tenants. The Tenant submits he told the Landlord it was not his belongings.
In considering the evidence, the Landlord has not provided an entry inspection report which will verify what was at the property when the Tenant moved in. He also did not take photographs of the rubbish or provide an exit inspection report. The onus is on the Applicant/Landlord to prove their claim and without this evidence, I am not satisfied that the claim for rubbish removal should be awarded.
The claim is dismissed.
As the Tenant has been wholly successful in their defence, name suppression is granted to the Tenant and the Landlord shall pay their own filing fee.
As the Landlord has not been successful, name suppression is not granted to the Landlord.

Tenancy Tribunal case 4755075 — Rent arrears

At a glance

Tenancy Tribunal case 4755075 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions