How much money was awarded in case 4766538?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord; Rubbish Removal: $572.70 awarded to landlord; Water Rates: $487.29 awarded to landlord

What type of tenancy dispute was case 4766538?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4766538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021225-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4766538?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord; Rubbish Removal: $572.70 awarded to landlord; Water Rates: $487.29 awarded to landlord

What type of tenancy dispute was case 4766538?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4766538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021225-Tenancy_Tribunal_Order.pdf.

86 Gloucester Road, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4766538 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4766538?

The tribunal order states: Kelly Horscroft and Shannon Horscroft must pay Barfoot & Thompson Limited

Order

Claims and awards in Tenancy Tribunal application 4766538 — net $34.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.7.2023	$1,114.29	Rent arrears to 25.7.2023
Rubbish removal	$572.70	Rubbish removal
Water rates	$487.29	Water rates
Filing fee	$20.44	Filing fee
Net award	$34.72
Total payable by Tenant to Landlord	$34.72

Kelly Horscroft and Shannon Horscroft must pay Barfoot & Thompson Limited As Agent For Barry And Sue Rosser $34.72 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,160.00 (3300405-006) to Barfoot & Thompson Limited As Agent For Barry And Sue Rosser immediately.

Reasons

Mr Dougherty and Ms Northwood attended the hearing by teleconference on behalf of the landlord. The phone numbers for the tenants, the last three digits being 204 and 268 respectively, were called, without any response.

The tenants left the tenancy on 25 July 2023. The landlord’s application is dated 14 December 2023. Thus, the service requirements of section 91A(2) Residential Tenancies Act 1986 (“RTA”) apply. The landlord has not met these requirements and sought an order dispensing with service on the tenants. The landlord said they had email contact with the tenants before they left the property but have not been able to reach the tenants at all since then, despite multiple attempts. The landlord understood the tenants were moving to Australia, as per emails from the tenant provided to this effect. The application was emailed to the tenants on 20 December 2023, so the tenants have had over two months in which to contact Tenancy Services with any updated contact details but have not. In the circumstances and given the landlord’s evidence about attempts to contact the tenants, I was satisfied all reasonable efforts were made to serve the notice on the tenants and dispense with the requirement for service and proceed as if the notice was served on the tenants in accordance with the RTA.

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

How much is owed for rent and water rates?

The tenancy ended on 25 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy, which is $1,114.29.

The landlord claimed $633.71 for outstanding water rates. Three invoices provided by the landlord, for $197.20, $263.07 and $27.20, were supported by invoices for water for this property from the Tauranga City Council. These three invoices total $487.29. The landlord also claimed $146.42, which they said was a balance carried over from their old system. This invoice for the balance owing of $146.42 was not supported by any proof, by way of a Tauranga City Council invoices, or a ledger of water rates due and paid, for example. As such, I find there is insufficient evidence provided for the landlord to prove the claim for $146.42. Therefore, I award the landlord $487.29 for the water rates they were able to prove.

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.

The landlord said the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs as to the condition of the premises at the end of the tenancy. These photographs show a large wall-sized mirror that was glued in and had to be removed, rubbish left in the garage and rubbish and personal belongings left in the mezzanine area of the house. The landlord said two further large mirrors had to be removed from the garage. This was confirmed in the invoice of the person who removed the rubbish. The landlord claimed $572.70 to remove and dispose of all the rubbish, including dump fees. Given the photographs and other evidence of the rubbish, I find the tenants did not leave the property reasonably clean and tidy in that their rubbish was left and had to be removed. I find $572.70 to be a reasonable cost to remove and dispose of all the tenants’ rubbish and award this to the landlord for rubbish removal.

The amounts ordered are proved. Refund of bond

The landlord provided a series of emails between the landlord and the tenants before the tenants left the property, where the landlord discussed rent arrears and water rates owing and indicated there could be further claims after the final inspection, if required. The tenants emailed the landlord confirming the bond could be applied to these debts.

The Bond Centre is to pay the bond of $2,160.00 (3300405-006) to Barfoot & Thompson Limited As Agent For Barry And Sue Rosser immediately. Filing fee

Because Barfoot & Thompson Limited As Agent For Barry And Sue Rosser has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4766538 — net $34.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.7.2023	$1,114.29	Rent arrears to 25.7.2023
Rubbish removal	$572.70	Rubbish removal
Water rates	$487.29	Water rates
Filing fee	$20.44	Filing fee
Net award	$34.72
Total payable by Tenant to Landlord	$34.72

Order

Kelly Horscroft and Shannon Horscroft must pay Barfoot & Thompson Limited As Agent For Barry And Sue Rosser $34.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3300405-006) to Barfoot & Thompson Limited As Agent For Barry And Sue Rosser immediately.

Reasons

Mr Dougherty and Ms Northwood attended the hearing by teleconference on behalf of the landlord. The phone numbers for the tenants, the last three digits being 204 and 268 respectively, were called, without any response.
The tenants left the tenancy on 25 July 2023. The landlord’s application is dated 14 December 2023. Thus, the service requirements of section 91A(2) Residential Tenancies Act 1986 (“RTA”) apply. The landlord has not met these requirements and sought an order dispensing with service on the tenants. The landlord said they had email contact with the tenants before they left the property but have not been able to reach the tenants at all since then, despite multiple attempts. The landlord understood the tenants were moving to Australia, as per emails from the tenant provided to this effect. The application was emailed to the tenants on 20 December 2023, so the tenants have had over two months in which to contact Tenancy Services with any updated contact details but have not. In the circumstances and given the landlord’s evidence about attempts to contact the tenants, I was satisfied all reasonable efforts were made to serve the notice on the tenants and dispense with the requirement for service and proceed as if the notice was served on the tenants in accordance with the RTA.
The landlord has applied for rent arrears, compensation, outgoings, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 25 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy, which is $1,114.29.
The landlord claimed $633.71 for outstanding water rates. Three invoices provided by the landlord, for $197.20, $263.07 and $27.20, were supported by invoices for water for this property from the Tauranga City Council. These three invoices total $487.29. The landlord also claimed $146.42, which they said was a balance carried over from their old system. This invoice for the balance owing of $146.42 was not supported by any proof, by way of a Tauranga City Council invoices, or a ledger of water rates due and paid, for example. As such, I find there is insufficient evidence provided for the landlord to prove the claim for $146.42. Therefore, I award the landlord $487.29 for the water rates they were able to prove.

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.
The landlord said the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs as to the condition of the premises at the end of the tenancy. These photographs show a large wall-sized mirror that was glued in and had to be removed, rubbish left in the garage and rubbish and personal belongings left in the mezzanine area of the house. The landlord said two further large mirrors had to be removed from the garage. This was confirmed in the invoice of the person who removed the rubbish. The landlord claimed $572.70 to remove and dispose of all the rubbish, including dump fees. Given the photographs and other evidence of the rubbish, I find the tenants did not leave the property reasonably clean and tidy in that their rubbish was left and had to be removed. I find $572.70 to be a reasonable cost to remove and dispose of all the tenants’ rubbish and award this to the landlord for rubbish removal.
The amounts ordered are proved. Refund of bond
The landlord provided a series of emails between the landlord and the tenants before the tenants left the property, where the landlord discussed rent arrears and water rates owing and indicated there could be further claims after the final inspection, if required. The tenants emailed the landlord confirming the bond could be applied to these debts.
The Bond Centre is to pay the bond of $2,160.00 (3300405-006) to Barfoot & Thompson Limited As Agent For Barry And Sue Rosser immediately. Filing fee
Because Barfoot & Thompson Limited As Agent For Barry And Sue Rosser has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4766538 — Rent arrears at 86 Gloucester Road, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 4766538 — Rent arrears at 86 Gloucester Road, Mount Maunganui, Mount Maunganui

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions