What was the outcome of Tenancy Tribunal case 4825559?

The tribunal order states: Sijia Shang must pay Barfoot & Thompson Limited As Agent For Deli

How much money was awarded in case 4825559?

Break Lease Cost: $805.00 awarded to landlord; Cleaning: $349.60 awarded to landlord; Cleaning: $373.75 awarded to landlord; Cleaning: $598.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $178.25 awarded to landlord; Rent Arrears: $6,520.71 awarded to landlord; Rubbish Removal: $103.50 awarded to landlord

What type of tenancy dispute was case 4825559?

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

Where can I read the official tribunal order for case 4825559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10350187-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4825559?

The tribunal order states: Sijia Shang must pay Barfoot & Thompson Limited As Agent For Deli

How much money was awarded in case 4825559?

Break Lease Cost: $805.00 awarded to landlord; Cleaning: $349.60 awarded to landlord; Cleaning: $373.75 awarded to landlord; Cleaning: $598.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $178.25 awarded to landlord; Rent Arrears: $6,520.71 awarded to landlord; Rubbish Removal: $103.50 awarded to landlord

What type of tenancy dispute was case 4825559?

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

Where can I read the official tribunal order for case 4825559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10350187-Tribunal_Order.pdf.

Unit/Flat 6, 954 East Coast Road, Northcross, Auckland Tenancy Tribunal Case 4825559 — Rent arrears

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Unit/Flat 6, 954 East Coast Road, Northcross, Auckland Tenancy Tribunal Case 4825559 — 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 4825559 — net $5,369.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 7 April 2024	$6,520.71		Rent arrears to 7 April 2024
Carpet Cleaning	$349.60		Carpet Cleaning
Underlay and carpet clean	$373.75		Underlay and carpet clean
Garage remote	$178.25		Garage remote
Break lease cost	$805.00		Break lease cost
Rubbish removal: Underlay disposal	$103.50		Rubbish removal: Underlay disposal
Cleaning	$598.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$3,580.00	Bond refund
Total award	$8,949.25	$3,580.00
Net award	$5,369.25
Total payable by Tenant to Landlord	$5,369.25

Claims and awards for application 4825559 — net $5,369.25 NZD. Verify on MoJ.

Rent arrears to 7 April 2024

Amount: $6,520.71
Awarded to: Landlord
Reason: Rent arrears to 7 April 2024

Carpet Cleaning

Amount: $349.60
Awarded to: Landlord
Reason: Carpet Cleaning

Underlay and carpet clean

Amount: $373.75
Awarded to: Landlord
Reason: Underlay and carpet clean

Garage remote

Amount: $178.25
Awarded to: Landlord
Reason: Garage remote

Break lease cost

Amount: $805.00
Awarded to: Landlord
Reason: Break lease cost

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Sijia Shang must pay Barfoot & Thompson Limited As Agent For Deli Investments Ltd $5,369.25 immediately, calculated as shown in table below.
The remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
A hearing was held by teleconference on 24 April 2024 where both parties attended. The Adjudicator from that hearing adjourned for a face-to-face hearing with a mandarin interpreter.
The interpreter attended the hearing today. As the tenant did not attend the hearing the interpreter was released.
The landlord has applied for termination, rent arrears, water rates, 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 tenancy was for a fixed term due to end on 27 May 2024. The tenant asked to be released early from the tenancy and a new tenant was secured by the landlord. That new tenancy commenced on 8 April 2024.
The landlord seeks rent arrears owed to 7 April 2024. That amount is ordered.
The landlord seeks the break lease fee which is ordered.
The landlord no longer seeks water rates so that claim is withdrawn.
The landlord had sought termination but as the tenant was released early that claim was also withdrawn.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant had a dog at the premises and after she vacated the carpet required commercial cleaning. There remained a urine smell after the cleaning, so the underlay was replaced, and the carpet was again cleaned.
The landlord sought a claim for replacement of the carpet. The landlord had not claimed insurance for this, and I note that the tenancy agreement contains no information in relation to the insurance company or excess. The landlord’s claim for replacement of the carpet is dismissed as I am not convinced that the tenant should be responsible for this cost or that she would be liable for more than the insurance excess.
The tenant did not return the garage remote.
The amounts ordered are proved.
The bond was released to the landlord about one week before the hearing. The bond amount is applied to reduce the total owed by the tenant.
Because Barfoot & Thompson Limited As Agent For Deli Investments Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

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 4825559 — net $5,369.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 7 April 2024	$6,520.71		Rent arrears to 7 April 2024
Carpet Cleaning	$349.60		Carpet Cleaning
Underlay and carpet clean	$373.75		Underlay and carpet clean
Garage remote	$178.25		Garage remote
Break lease cost	$805.00		Break lease cost
Rubbish removal: Underlay disposal	$103.50		Rubbish removal: Underlay disposal
Cleaning	$598.00		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$3,580.00	Bond refund
Total award	$8,949.25	$3,580.00
Net award	$5,369.25
Total payable by Tenant to Landlord	$5,369.25

Claims and awards for application 4825559 — net $5,369.25 NZD. Verify on MoJ.

Rent arrears to 7 April 2024

Amount: $6,520.71
Awarded to: Landlord
Reason: Rent arrears to 7 April 2024

Carpet Cleaning

Amount: $349.60
Awarded to: Landlord
Reason: Carpet Cleaning

Underlay and carpet clean

Amount: $373.75
Awarded to: Landlord
Reason: Underlay and carpet clean

Garage remote

Amount: $178.25
Awarded to: Landlord
Reason: Garage remote

Break lease cost

Amount: $805.00
Awarded to: Landlord
Reason: Break lease cost

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Sijia Shang must pay Barfoot & Thompson Limited As Agent For Deli Investments Ltd $5,369.25 immediately, calculated as shown in table below.
The remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
A hearing was held by teleconference on 24 April 2024 where both parties attended. The Adjudicator from that hearing adjourned for a face-to-face hearing with a mandarin interpreter.
The interpreter attended the hearing today. As the tenant did not attend the hearing the interpreter was released.
The landlord has applied for termination, rent arrears, water rates, 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 tenancy was for a fixed term due to end on 27 May 2024. The tenant asked to be released early from the tenancy and a new tenant was secured by the landlord. That new tenancy commenced on 8 April 2024.
The landlord seeks rent arrears owed to 7 April 2024. That amount is ordered.
The landlord seeks the break lease fee which is ordered.
The landlord no longer seeks water rates so that claim is withdrawn.
The landlord had sought termination but as the tenant was released early that claim was also withdrawn.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant had a dog at the premises and after she vacated the carpet required commercial cleaning. There remained a urine smell after the cleaning, so the underlay was replaced, and the carpet was again cleaned.
The landlord sought a claim for replacement of the carpet. The landlord had not claimed insurance for this, and I note that the tenancy agreement contains no information in relation to the insurance company or excess. The landlord’s claim for replacement of the carpet is dismissed as I am not convinced that the tenant should be responsible for this cost or that she would be liable for more than the insurance excess.
The tenant did not return the garage remote.
The amounts ordered are proved.
The bond was released to the landlord about one week before the hearing. The bond amount is applied to reduce the total owed by the tenant.
Because Barfoot & Thompson Limited As Agent For Deli Investments Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4825559 — Rent arrears at Unit/Flat 6, 954 East Coast Road, Northcross, Auckland

At a glance

Tenancy Tribunal case 4825559 — Rent arrears at Unit/Flat 6, 954 East Coast Road, Northcross, Auckland

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