What was the outcome of Tenancy Tribunal case 4785237?

The tribunal order states: Sharon Topping is removed as a party.

How much money was awarded in case 4785237?

Cleaning: $385.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,285.71 awarded to landlord; Rubbish Removal: $526.88 awarded to landlord

What type of tenancy dispute was case 4785237?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4785237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10379289-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785237?

The tribunal order states: Sharon Topping is removed as a party.

How much money was awarded in case 4785237?

Cleaning: $385.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,285.71 awarded to landlord; Rubbish Removal: $526.88 awarded to landlord

What type of tenancy dispute was case 4785237?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4785237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10379289-Tenancy_Tribunal_Order.pdf.

Apartment 2L, 21 St Jude Street, Avondale, Auckland 1026, Tenancy Tribunal Case 4785237 — Rent arrears

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Apartment 2L, 21 St Jude Street, Avondale, Auckland 1026, Tenancy Tribunal Case 4785237 — 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 4785237 — net $3,718.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2024	$4,285.71	Rent arrears to 5 February 2024
Cleaning	$385.00	Cleaning
Rubbish removal	$526.88	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,718.03
Total payable by Tenant to Landlord	$3,718.03

Claims and awards for application 4785237 — net $3,718.03 NZD. Verify on MoJ.

Rent arrears to 5 February 2024

Amount: $4,285.71
Awarded to: Landlord
Reason: Rent arrears to 5 February 2024

Cleaning

Amount: $385.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $526.88
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $3,718.03

Total payable by Tenant to Landlord

Landlord $3,718.03

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Sharon Topping is removed as a party.
Mark Miller and must pay The Property Managers Limited T/As Ray White $3,718.03 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 (5751775-007) to The Property Managers Limited T/A Ray White immediately. DescriptionLandlord Rent arrears to 5 February 2024$4,285.71 Cleaning$385.00 Rubbish removal$526.88 Filing fee reimbursement$20.44 Total award$5,218.03 Bond$1,500.00 Total payable by Tenant to Landlord$3,718.03

Reasons

The hearing was conducted by telephone.
Emma Hart attended the hearing for the landlord.
The tenant and his mother, who was named as guarantor, did not answer their telephones when called. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Guarantor
Ms Topping was named as guarantor. However, while she attended the viewing with her son, she did not sign a guarantee and has written to the Tribunal denying that she is a guarantor.
There is no documentary evidence confirming that Ms Topping agreed to be a guarantor, so I am not satisfied on the balance of probabilities that she contracted to be guarantor.
Ms Topping is removed as a party.

How much is owed for rent?

The tenancy ended on 5 February 2024. Ms Hart provided a rent summary proving the amount of rent owed at the end of the tenancy.

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 and remove all rubbish: s 40(1)(e)(iii) of the Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs proving the poor state of cleanliness of the premises and the rubbish left behind at the end of the tenancy.
The landlord’s expenses were proved by production of the relevant invoices. Filing fee
The tenant must reimburse the landlord for the filing fee because the landlord has substantially succeeded in the proceedings. Bond
The bond is released to the landlord and the tenant’s debt to the landlord is reduced accordingly.

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 4785237 — net $3,718.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2024	$4,285.71	Rent arrears to 5 February 2024
Cleaning	$385.00	Cleaning
Rubbish removal	$526.88	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,718.03
Total payable by Tenant to Landlord	$3,718.03

Claims and awards for application 4785237 — net $3,718.03 NZD. Verify on MoJ.

Rent arrears to 5 February 2024

Amount: $4,285.71
Awarded to: Landlord
Reason: Rent arrears to 5 February 2024

Cleaning

Amount: $385.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $526.88
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $3,718.03

Total payable by Tenant to Landlord

Landlord $3,718.03

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Sharon Topping is removed as a party.
Mark Miller and must pay The Property Managers Limited T/As Ray White $3,718.03 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 (5751775-007) to The Property Managers Limited T/A Ray White immediately. DescriptionLandlord Rent arrears to 5 February 2024$4,285.71 Cleaning$385.00 Rubbish removal$526.88 Filing fee reimbursement$20.44 Total award$5,218.03 Bond$1,500.00 Total payable by Tenant to Landlord$3,718.03

Reasons

The hearing was conducted by telephone.
Emma Hart attended the hearing for the landlord.
The tenant and his mother, who was named as guarantor, did not answer their telephones when called. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Guarantor
Ms Topping was named as guarantor. However, while she attended the viewing with her son, she did not sign a guarantee and has written to the Tribunal denying that she is a guarantor.
There is no documentary evidence confirming that Ms Topping agreed to be a guarantor, so I am not satisfied on the balance of probabilities that she contracted to be guarantor.
Ms Topping is removed as a party.

How much is owed for rent?

The tenancy ended on 5 February 2024. Ms Hart provided a rent summary proving the amount of rent owed at the end of the tenancy.

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 and remove all rubbish: s 40(1)(e)(iii) of the Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs proving the poor state of cleanliness of the premises and the rubbish left behind at the end of the tenancy.
The landlord’s expenses were proved by production of the relevant invoices. Filing fee
The tenant must reimburse the landlord for the filing fee because the landlord has substantially succeeded in the proceedings. Bond
The bond is released to the landlord and the tenant’s debt to the landlord is reduced accordingly.

Tenancy Tribunal case 4785237 — Rent arrears at Apartment 2L, 21 St Jude Street, Avondale, Auckland 1026,

At a glance

Tenancy Tribunal case 4785237 — Rent arrears at Apartment 2L, 21 St Jude Street, Avondale, Auckland 1026,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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