What was Tenancy Tribunal case 4770580 about?

The tribunal order states: The tenant is to pay the landlord $322.71 immediately as set out in the table

How much money was awarded in case 4770580?

Filing Fee: $20.44 awarded to landlord; Property Damage: $302.27 awarded to landlord

What type of tenancy dispute was case 4770580?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4770580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126212-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4770580 about?

The tribunal order states: The tenant is to pay the landlord $322.71 immediately as set out in the table

How much money was awarded in case 4770580?

Filing Fee: $20.44 awarded to landlord; Property Damage: $302.27 awarded to landlord

What type of tenancy dispute was case 4770580?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4770580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126212-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 13 West End Road, Herne Bay, Auckland 1022 Tenancy Tribunal Case 4770580 — Property damage

Tenantcheck Insights

Unit/Flat 1, 13 West End Road, Herne Bay, Auckland 1022 Tenancy Tribunal Case 4770580 — Property damage | 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 4770580 — net $322.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$302.27	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$322.71
Total payable by Tenant to Landlord	$322.71

Claims and awards for application 4770580 — net $322.71 NZD. Verify on MoJ.

Lock/key replacement

Amount: $302.27
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $322.71

Total payable by Tenant to Landlord

Landlord $322.71

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenant is to pay the landlord $322.71 immediately as set out in the table below. DescriptionLandlord Lock/key replacement$302.27 Filing fee reimbursement$20.44 Total award$322.71 Total payable by Tenant to Landlord$322.71

Reasons

The landlord attended the hearing by telephone.
[The tenant/s] emailed the Tribunal at 7.27 am this morning to advise that he had “woken up this morning vomiting and need to reschedule the tenancy tribunal hearing today”. No evidence was provided and his request was declined.
No explanation or evidence was provided as to why the other tenant, [The tenant/s], was unavailable to attend the hearing.
Both of the tenants were each telephoned twice at the hearing time but they did not answer and so messages were left.
The landlord’s application is for reimbursement of the costs of installing new locks because the tenant did not return the keys. See section 40(10(e)(iv) RTA.
The landlord provided evidence of an email chain and text messages recording the lengthy opportunity given to the tenant to return the keys.
The tenant claimed to have returned the keys in the later half of November, some two months after the end of the tenancy. The landlord provided evidence that it had no record of the keys having been returned. This included a review of its CCTV footage of the weekend when the tenant claimed to have returned the keys.
The tenants have not filed any evidence or submissions with the Tribunal in response to the landlord’s claim.
The tenant’s obligation is to return the keys at the termination of the tenancy which was on 7 September 2023. I accept the landlord’s evidence supported by its email evidence and find that it is more likely than not that the tenant did not return the keys. The landlord is entitled to the reimbursement sought.
The landlord’s application was filed more than two months after the end of the tenancy. The landlord’s application was sent to the tenant’s email address for service provided in the tenancy agreement. It is clear from the emails received by the landlord and the Tribunal that this address remains current and that the tenant has received notice of the landlord’s application.
I am satisfied that emailing the landlord’s application to the tenant has brought notice of the application to the tenant’s attention. In accordance with section 91B(2)(b) RTA, I direct that the landlord’s application be treated as served on the tenant.
Because Barfoot & Thompson Limited - Remuera As Agent For Cai (Peter) Hui has wholly succeeded with the claim I must reimburse 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 4770580 — net $322.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$302.27	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$322.71
Total payable by Tenant to Landlord	$322.71

Claims and awards for application 4770580 — net $322.71 NZD. Verify on MoJ.

Lock/key replacement

Amount: $302.27
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $322.71

Total payable by Tenant to Landlord

Landlord $322.71

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenant is to pay the landlord $322.71 immediately as set out in the table below. DescriptionLandlord Lock/key replacement$302.27 Filing fee reimbursement$20.44 Total award$322.71 Total payable by Tenant to Landlord$322.71

Reasons

The landlord attended the hearing by telephone.
[The tenant/s] emailed the Tribunal at 7.27 am this morning to advise that he had “woken up this morning vomiting and need to reschedule the tenancy tribunal hearing today”. No evidence was provided and his request was declined.
No explanation or evidence was provided as to why the other tenant, [The tenant/s], was unavailable to attend the hearing.
Both of the tenants were each telephoned twice at the hearing time but they did not answer and so messages were left.
The landlord’s application is for reimbursement of the costs of installing new locks because the tenant did not return the keys. See section 40(10(e)(iv) RTA.
The landlord provided evidence of an email chain and text messages recording the lengthy opportunity given to the tenant to return the keys.
The tenant claimed to have returned the keys in the later half of November, some two months after the end of the tenancy. The landlord provided evidence that it had no record of the keys having been returned. This included a review of its CCTV footage of the weekend when the tenant claimed to have returned the keys.
The tenants have not filed any evidence or submissions with the Tribunal in response to the landlord’s claim.
The tenant’s obligation is to return the keys at the termination of the tenancy which was on 7 September 2023. I accept the landlord’s evidence supported by its email evidence and find that it is more likely than not that the tenant did not return the keys. The landlord is entitled to the reimbursement sought.
The landlord’s application was filed more than two months after the end of the tenancy. The landlord’s application was sent to the tenant’s email address for service provided in the tenancy agreement. It is clear from the emails received by the landlord and the Tribunal that this address remains current and that the tenant has received notice of the landlord’s application.
I am satisfied that emailing the landlord’s application to the tenant has brought notice of the application to the tenant’s attention. In accordance with section 91B(2)(b) RTA, I direct that the landlord’s application be treated as served on the tenant.
Because Barfoot & Thompson Limited - Remuera As Agent For Cai (Peter) Hui has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4770580 — Property damage at Unit/Flat 1, 13 West End Road, Herne Bay, Auckland 1022

At a glance

Tenancy Tribunal case 4770580 — Property damage at Unit/Flat 1, 13 West End Road, Herne Bay, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions