What was the outcome of Tenancy Tribunal case 4774238?

The tribunal order states: The Bond Centre is to pay the bond of $2,060.00 (3045799-009) to Uhome

How much money was awarded in case 4774238?

Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,692.14 awarded to landlord; Rubbish Removal: $217.42 awarded to landlord; Water Rates: $836.08 awarded to landlord

What type of tenancy dispute was case 4774238?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4774238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10454448-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774238?

The tribunal order states: The Bond Centre is to pay the bond of $2,060.00 (3045799-009) to Uhome

How much money was awarded in case 4774238?

Eviction Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,692.14 awarded to landlord; Rubbish Removal: $217.42 awarded to landlord; Water Rates: $836.08 awarded to landlord

What type of tenancy dispute was case 4774238?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4774238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10454448-Tenancy_Tribunal_Order.pdf.

10 Magdalen Place, West Harbour, Auckland 0618 Tenancy Tribunal Case 4774238 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4774238 — net $906.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 November 2023	$1,692.14	Rent arrears to 22 November 2023
Water rates calculated to 22 November 2023	$836.08	Water rates calculated to 22 November 2023
Rubbish removal	$217.42	Rubbish removal
Eviction fee	$200.00	Eviction fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$906.08
Total payable by Tenant to Landlord	$906.08

Only the landlord attended the hearing, represented by Ms Zhan.

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

The tenancy began on 9 April 2022.

The landlord filed an application for termination of the tenancy on the basis of rent arrears and on 30 October 2022 the Tribunal made a conditional order for payment of the arrears. If the tenant failed to make payments of rent and arrears, then the tenancy would terminate.

The tenant did not comply with the conditional order and was evicted on 22 November 2023.

The landlord seeks compensation for the cost of eviction and has produced an invoice from Ministry of Justice for the Eviction Warrant in the amount of $200.00. This claim is proved.

How much is owed for rent and water rates?

The landlord sought rent arrears from the date of the previous order until the end of the tenancy (31 October 2022 to 22 November 2022). The landlord provided rent records proving the amount owing at the end of the tenancy, in the amount of $1,692.14.

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The total amount owing is $836.08.

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 tenant did not remove all rubbish. The landlord produced a photo showing a large amount of rubbish stacked in the driveway.

The landlord produced an invoice from Bunnings Warehouse for a flexi-bin in the amount of $58.00 together with an invoice for collection of the bag in the amount of $159.42. These sums total $217.42 and have ordered payment of this amount.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord has provided photos of damage to a door together with an invoice for repair from D W Renovations Ltd in the amount of $1414.50. However the landlord has not been able to provide any photos of the door from the start or during the tenancy, and does not have an ingoing inspection report signed by the tenant recording the condition of the door.

I am unable to find this claim proved as I have not been provided with any evidence that the damage occurred during the tenancy. The claim for compensation for the door is therefore dismissed. Filing fee

Because Uhome Property Management Limited as agent for Cai, Chuangming has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4774238 — net $906.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 November 2023	$1,692.14	Rent arrears to 22 November 2023
Water rates calculated to 22 November 2023	$836.08	Water rates calculated to 22 November 2023
Rubbish removal	$217.42	Rubbish removal
Eviction fee	$200.00	Eviction fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$906.08
Total payable by Tenant to Landlord	$906.08

Order

The Bond Centre is to pay the bond of $2,060.00 (3045799-009) to Uhome Property Management Limited as agent for Cai, Chuangming immediately.
Adam Bishop must pay Uhome Property Management Limited as agent for Cai, Chuangming $906.58 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Zhan.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 9 April 2022.
The landlord filed an application for termination of the tenancy on the basis of rent arrears and on 30 October 2022 the Tribunal made a conditional order for payment of the arrears. If the tenant failed to make payments of rent and arrears, then the tenancy would terminate.
The tenant did not comply with the conditional order and was evicted on 22 November 2023.
The landlord seeks compensation for the cost of eviction and has produced an invoice from Ministry of Justice for the Eviction Warrant in the amount of $200.00. This claim is proved.

How much is owed for rent and water rates?

The landlord sought rent arrears from the date of the previous order until the end of the tenancy (31 October 2022 to 22 November 2022). The landlord provided rent records proving the amount owing at the end of the tenancy, in the amount of $1,692.14.
The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The total amount owing is $836.08.

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 tenant did not remove all rubbish. The landlord produced a photo showing a large amount of rubbish stacked in the driveway.
The landlord produced an invoice from Bunnings Warehouse for a flexi-bin in the amount of $58.00 together with an invoice for collection of the bag in the amount of $159.42. These sums total $217.42 and have ordered payment of this amount.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has provided photos of damage to a door together with an invoice for repair from D W Renovations Ltd in the amount of $1414.50. However the landlord has not been able to provide any photos of the door from the start or during the tenancy, and does not have an ingoing inspection report signed by the tenant recording the condition of the door.
I am unable to find this claim proved as I have not been provided with any evidence that the damage occurred during the tenancy. The claim for compensation for the door is therefore dismissed. Filing fee
Because Uhome Property Management Limited as agent for Cai, Chuangming has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Tenancy Tribunal case 4774238 — Rent arrears at 10 Magdalen Place, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4774238 — Rent arrears at 10 Magdalen Place, West Harbour, Auckland 0618

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?

Is the tenant responsible for the damage to the premises?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions