What was Tenancy Tribunal case 4782742 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] $1,720.44

How much money was awarded in case 4782742?

Compensation: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Overpaid Rent: $1,500.00 awarded to tenant

What type of tenancy dispute was case 4782742?

The dispute type was not classified.

Where can I read the official tribunal order for case 4782742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10207829-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4782742 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] $1,720.44

How much money was awarded in case 4782742?

Compensation: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Overpaid Rent: $1,500.00 awarded to tenant

What type of tenancy dispute was case 4782742?

The dispute type was not classified.

Where can I read the official tribunal order for case 4782742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10207829-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 9C Jellicoe Road, Manurewa, Auckland Tenancy Tribunal Case 4782742 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4782742 — net $1,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Overpaid rent	$1,500.00	Overpaid rent
Compensation – unlawful entry	$200.00	Compensation – unlawful entry
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,720.44
Total payable by Landlord to Tenant	$1,720.44

[The landlord/s] and [The landlord/s] must pay [The tenant/s] $1,720.44 immediately. DescriptionTenant Overpaid rent$1,500.00 Compensation – unlawful entry$200.00 Filing fee reimbursement$20.44 Total payable by Landlord to Tenant$1,720.44

The Bond Centre is to pay the bond of $3,000.00 (3238038-015) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. The male landlord did not attend, which was disappointing given the landlords have separated and he was responsible for the engagement of the original property manager, and was the person alleged to have entered the property without notice. Bond

The tenant has applied for refund of the bond.

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.

In any event, the landlord agrees that the bond should be refunded to the tenant. Overpaid rent

At the commencement of the tenancy, the tenant paid a bond equivalent to 4- weeks rent and three weeks rent in advance. This was paid to a previous property manager. The amounts were recorded in the tenancy agreement.

The fact that three weeks rent was required in advance is also a breach of the Act, but no application in made in respect to that.

The tenant moved into the premises on 16 July 2023, and was required to pay rent on 23 July 2023. So, one week of rent from the advance payment was used, but the other 2 weeks were not.

The landlord then changed the management of the property to another company as the original one was not responsive to communication.

The bond was forwarded to the owner of the property (the landlords in this application) who lodge it with the bond centre.

The rent in advance was not forwarded.

The tenant continued to pay rent weekly until the end of the tenancy. This was forwarded to the landlords by the new property managers in the usual way.

It is largely accepted that the tenant overpaid 2 weeks rent at the start of the tenancy.

The tenant seeks to be reimbursed for that. The landlord is reluctant to pay, but largely accepts that it is her responsibility. I note that the landlord can seek reimbursement from the property manager in the Disputes Tribunal. Entry without notice

[The tenant/s] claims the landlord has entered the premises without consent or notice.

A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.

The tenant’s evidence is that he had an arrangement with property managers to do a final inspection at the premises at 11:30am on the final day of the tenancy.

He has moved out of the premises in the days prior, but was returning to finish cleaning prior to the inspection. At that time, his neighbour advised him that Mr Nand had arrived at the property shortly before him and let themselves in. The neighbour knows Mr Nand as he has been to the premises many times, and the neighbour has been introduced to Mr Nand previously.

When he went inside the premises, it was clear that someone had been there, as a number of the tenant’s small personal items had been removed.

I am satisfied that it is more likely than not that Mr Nand entered the premises. I am satisfied that he did not give notice. However, in the absence of evidence from Mr Nand, it is not clear what the purpose of this visit was. Further, given the premises was almost vacant I am not satisfied that an award of exemplary damages is warranted.

I do consider that the tenant is entitled to compensation for the breach of the notice requirements of the Act, however, and I award $200.00 pursuant to s77(2)(n) of the Act.

For completeness, this is not compensation for the lost items as I consider that there is insufficient evidence to conclude what items where taken, by whom, or the value of those items. If there is evidence of theft, that is a Police matter.

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

Claims and awards in Tenancy Tribunal application 4782742 — net $1,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Overpaid rent	$1,500.00	Overpaid rent
Compensation – unlawful entry	$200.00	Compensation – unlawful entry
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,720.44
Total payable by Landlord to Tenant	$1,720.44

Order

[The landlord/s] and [The landlord/s] must pay [The tenant/s] $1,720.44 immediately. DescriptionTenant Overpaid rent$1,500.00 Compensation – unlawful entry$200.00 Filing fee reimbursement$20.44 Total payable by Landlord to Tenant$1,720.44
The Bond Centre is to pay the bond of $3,000.00 (3238038-015) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. The male landlord did not attend, which was disappointing given the landlords have separated and he was responsible for the engagement of the original property manager, and was the person alleged to have entered the property without notice. Bond
The tenant has applied for refund of the bond.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
In any event, the landlord agrees that the bond should be refunded to the tenant. Overpaid rent
At the commencement of the tenancy, the tenant paid a bond equivalent to 4- weeks rent and three weeks rent in advance. This was paid to a previous property manager. The amounts were recorded in the tenancy agreement.
The fact that three weeks rent was required in advance is also a breach of the Act, but no application in made in respect to that.
The tenant moved into the premises on 16 July 2023, and was required to pay rent on 23 July 2023. So, one week of rent from the advance payment was used, but the other 2 weeks were not.
The landlord then changed the management of the property to another company as the original one was not responsive to communication.
The bond was forwarded to the owner of the property (the landlords in this application) who lodge it with the bond centre.
The rent in advance was not forwarded.
The tenant continued to pay rent weekly until the end of the tenancy. This was forwarded to the landlords by the new property managers in the usual way.
It is largely accepted that the tenant overpaid 2 weeks rent at the start of the tenancy.
The tenant seeks to be reimbursed for that. The landlord is reluctant to pay, but largely accepts that it is her responsibility. I note that the landlord can seek reimbursement from the property manager in the Disputes Tribunal. Entry without notice
[The tenant/s] claims the landlord has entered the premises without consent or notice.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant’s evidence is that he had an arrangement with property managers to do a final inspection at the premises at 11:30am on the final day of the tenancy.
He has moved out of the premises in the days prior, but was returning to finish cleaning prior to the inspection. At that time, his neighbour advised him that Mr Nand had arrived at the property shortly before him and let themselves in. The neighbour knows Mr Nand as he has been to the premises many times, and the neighbour has been introduced to Mr Nand previously.
When he went inside the premises, it was clear that someone had been there, as a number of the tenant’s small personal items had been removed.
I am satisfied that it is more likely than not that Mr Nand entered the premises. I am satisfied that he did not give notice. However, in the absence of evidence from Mr Nand, it is not clear what the purpose of this visit was. Further, given the premises was almost vacant I am not satisfied that an award of exemplary damages is warranted.
I do consider that the tenant is entitled to compensation for the breach of the notice requirements of the Act, however, and I award $200.00 pursuant to s77(2)(n) of the Act.
For completeness, this is not compensation for the lost items as I consider that there is insufficient evidence to conclude what items where taken, by whom, or the value of those items. If there is evidence of theft, that is a Police matter.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4782742 — Tenancy dispute at Unit/Flat Unit 1, 9C Jellicoe Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4782742 — Tenancy dispute at Unit/Flat Unit 1, 9C Jellicoe Road, Manurewa, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions