What was Tenancy Tribunal case 4788258 about?

The tribunal order states: Ji Hwang must pay [The landlord/s] $2,371.87 immediately, being rent arrears

How much money was awarded in case 4788258?

Filing Fee: $20.44 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rent Arrears: $3,147.43 awarded to landlord

What type of tenancy dispute was case 4788258?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4788258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497795-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4788258 about?

The tribunal order states: Ji Hwang must pay [The landlord/s] $2,371.87 immediately, being rent arrears

How much money was awarded in case 4788258?

Filing Fee: $20.44 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rent Arrears: $3,147.43 awarded to landlord

What type of tenancy dispute was case 4788258?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4788258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497795-Tribunal_Order_Redacted.pdf.

17 Holland Road, Hillcrest, Auckland 0627 Tenancy Tribunal Case 4788258 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4788258 — net $2,371.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,147.43		Rent arrears
Lock/key replacement	$184.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$980.00	Bond refund
Total award	$3,351.87	$980.00
Net award	$2,371.87
Total payable by Tenant to Landlord	$2,371.87

Ji Hwang must pay [The landlord/s] $2,371.87 immediately, being rent arrears to 28 December 2023.

The tenant shall collect his belongings from the premises on Friday 28 June 2024 at 1pm. If the tenant has not arrived by 1.30pm he is not able to collect the items.

The tenant shall arrange for the rubbish bin to be collected by the company who owns the bin by 5 July 2024. It is not necessary for the tenant to attend at the premises for this to occur.

All remaining claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was assisted by a Korean interpreter.

There were two previous hearings involving these parties and the Tribunal order for those hearings was dated 14 December 2023.

The tenant applied for compensation. The application was withdrawn at the hearing as the tenant had received advice that his claim had been dealt with previously by the Tribunal.

The only outstanding matter for the tenant was collection of his belongings that remain at the premises. I have ordered that the tenant has an opportunity to collect his belongings on Friday 28 June 2024 at 1pm. The parties both agreed that this day and time was convenient so there is no reason for this not to occur.

The landlord has applied for rent arrears. Even though the Tribunal terminated the tenancy on 28 December 2023 the landlord says that the tenant did not vacate and remained in the premises until the landlord had the assistance of the Bailiff on 9 January 2024.

The tenant says that he vacated the premises on 27 December 2023.

The landlord did not submit any evidence that the tenant remained in the premises even though the landlord has CCTV cameras that could have provided that evidence. I am not satisfied that the tenant remained in the premises beyond the termination date.

At the previous hearing the Adjudicator determined that the premises were unlawful. The rent was reduced by 10% up until 1 November 2023. I am satisfied that the amount owed up until the termination date should also be reduced by 10% as the earlier Adjudicator was able to fully consider the special circumstances. The premises continued to be unlawful up until the date of termination so the reduction in rent is reasonable in my view.

According to the landlord’s rent summary the rent owed from 8 November 2023 until 28 December 2023 amounts to $3,497.14. I have reduced the rent arrears by 10% being $349.71. The amount owing is therefore $3,147.43.

There is disagreement in relation to whether the tenant returned the keys when the tenancy ended. He says that the keys were left inside the premises and the doors were unlocked. The landlord says that all the doors were locked and there were no keys.

Even though there is disagreement between the parties as to what has occurred in relation to the keys at the end of the tenancy, I am satisfied that the landlord has suffered a loss by employing a locksmith. I note that the tenant did not provide any evidence that he left the keys at the premises. A photograph of the keys and the note that he says that he left would have been helpful. In the absence of evidence, I award the costs of the locksmith to the landlord.

At the end of the tenancy the tenant left a full rubbish bin at the premises. He said that he could not get the company to collect the bin because of the Trespass Notice against him. I find this difficult to accept given that a Trespass Notice is only against him.

I have ordered that the tenant is to arrange for the company that owns the bin to have it removed by Friday 5 July 2024.

As the landlord did not provide pre tenancy photographs or invoices for work carried out the remaining claims are dismissed.

The landlord has retained the bond of $980.00. The award in favour of the landlord is reduced by that amount.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Order

Claims and awards in Tenancy Tribunal application 4788258 — net $2,371.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,147.43		Rent arrears
Lock/key replacement	$184.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$980.00	Bond refund
Total award	$3,351.87	$980.00
Net award	$2,371.87
Total payable by Tenant to Landlord	$2,371.87