What was the outcome of Tenancy Tribunal case 4818198?

The tribunal order states: Avani Florence Bidesi and James Day must pay 360 Property Management

How much money was awarded in case 4818198?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,516.64 awarded to landlord; Rubbish Removal: $362.25 awarded to landlord; Water Rates: $70.90 awarded to landlord

What type of tenancy dispute was case 4818198?

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

Where can I read the official tribunal order for case 4818198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393417-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4818198?

The tribunal order states: Avani Florence Bidesi and James Day must pay 360 Property Management

How much money was awarded in case 4818198?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,516.64 awarded to landlord; Rubbish Removal: $362.25 awarded to landlord; Water Rates: $70.90 awarded to landlord

What type of tenancy dispute was case 4818198?

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

Where can I read the official tribunal order for case 4818198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393417-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 1 Sandra Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4818198 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4818198 — net $4,715.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,516.64	Rent arrears
Rubbish removal	$362.25	Rubbish removal
Cleaning	$345.00	Cleaning
Water rates	$70.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,715.23
Total payable by Tenant to Landlord	$4,715.23

Avani Florence Bidesi and James Day must pay 360 Property Management Limited As Agent For Mj Corporation Limited $4,715.23 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6505000-014) to 360 Property Management Limited As Agent For Mj Corporation Limited immediately.

Reasons

The landlord attended the hearing; the respondents didn’t answer any of the four calls made to the two numbers provided to the Tribunal. Because I am satisfied the respondents were correctly served notice of the hearing, I conducted the hearing 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.

How much is owed for rent and water rates?

The landlord is seeking $10,509.43 rent arrears until today’s date, 29 May 2024.

The tenant sent an email to the landlord on 13 February 2024 advising that she was ending the tenancy. The landlord responded on 14 February 2024 that the tenant needed to follow certain procedures to end the fixed-term tenancy early. No specific end date was given by the tenant, although the tenant did use the word “now” in her email. No further rental payments were made after 2 February 2024.

Despite the landlord’s correspondence to the tenant, I am satisfied that the email from the tenant, combined with the cessation of rental payments, was notice that the tenant was ending the tenancy early.

This is corroborated by the landlord making this application to the Tenancy Tribunal on 23 February 2024.

There were no further communications with the tenant until 3 April 2024, when the tenant advised the landlord the that property had been vacant “three months now”.

In such circumstance it is incumbent on the landlord to mitigate their losses, see Residential Tenancies Act, 1986 section 49.

23 February 2024 is an appropriate date from when it can be calculated that the landlord first believed the premises had been abandoned. 28 days after 23 February 2024 was 23 March 2024. I calculate this date as the end date of the tenancy.

I allow for a further three weeks rental payments to cover the landlord for a reasonable period to re-tenant the property. This means rent was due up until 14 April 2024.

The landlord provided rent records and water rates invoices which prove the amount of rent arrears owing at 14 April 2024 was $6,516.64, and the amount of water rates owing at the end of the tenancy was $70.90.

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 left belongings and rubbish behind and did not clean the premises before leaving.

The landlord is seeking compensation for 6 hours cleaning at $70.00 per hour + GST. I consider $70.00 per hour to be excessive for cleaning, and instead I award 6 hours at $50.00 per hour + GST.

The landlord is also seeking $362.25 for rubbish removal.

The landlord provided invoices (both dated 19 April 2024) and photographs in support of their application.

Because 360 Property Management Limited As Agent For Mj Corporation Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4818198 — net $4,715.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,516.64	Rent arrears
Rubbish removal	$362.25	Rubbish removal
Cleaning	$345.00	Cleaning
Water rates	$70.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,715.23
Total payable by Tenant to Landlord	$4,715.23

Order

Avani Florence Bidesi and James Day must pay 360 Property Management Limited As Agent For Mj Corporation Limited $4,715.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6505000-014) to 360 Property Management Limited As Agent For Mj Corporation Limited immediately.

Reasons

The landlord attended the hearing; the respondents didn’t answer any of the four calls made to the two numbers provided to the Tribunal. Because I am satisfied the respondents were correctly served notice of the hearing, I conducted the hearing 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.

How much is owed for rent and water rates?

The landlord is seeking $10,509.43 rent arrears until today’s date, 29 May 2024.
The tenant sent an email to the landlord on 13 February 2024 advising that she was ending the tenancy. The landlord responded on 14 February 2024 that the tenant needed to follow certain procedures to end the fixed-term tenancy early. No specific end date was given by the tenant, although the tenant did use the word “now” in her email. No further rental payments were made after 2 February 2024.
Despite the landlord’s correspondence to the tenant, I am satisfied that the email from the tenant, combined with the cessation of rental payments, was notice that the tenant was ending the tenancy early.
This is corroborated by the landlord making this application to the Tenancy Tribunal on 23 February 2024.
There were no further communications with the tenant until 3 April 2024, when the tenant advised the landlord the that property had been vacant “three months now”.
In such circumstance it is incumbent on the landlord to mitigate their losses, see Residential Tenancies Act, 1986 section 49.
23 February 2024 is an appropriate date from when it can be calculated that the landlord first believed the premises had been abandoned. 28 days after 23 February 2024 was 23 March 2024. I calculate this date as the end date of the tenancy.
I allow for a further three weeks rental payments to cover the landlord for a reasonable period to re-tenant the property. This means rent was due up until 14 April 2024.
The landlord provided rent records and water rates invoices which prove the amount of rent arrears owing at 14 April 2024 was $6,516.64, and the amount of water rates owing at the end of the tenancy was $70.90.

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 left belongings and rubbish behind and did not clean the premises before leaving.
The landlord is seeking compensation for 6 hours cleaning at $70.00 per hour + GST. I consider $70.00 per hour to be excessive for cleaning, and instead I award 6 hours at $50.00 per hour + GST.
The landlord is also seeking $362.25 for rubbish removal.
The landlord provided invoices (both dated 19 April 2024) and photographs in support of their application.
Because 360 Property Management Limited As Agent For Mj Corporation Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4818198 — Rent arrears at Unit/Flat 6, 1 Sandra Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4818198 — Rent arrears at Unit/Flat 6, 1 Sandra Avenue, Otara, Auckland 2023

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions