What was Tenancy Tribunal case 4826126 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4826126?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4826126?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826126?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219360-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4826126 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4826126?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4826126?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826126?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219360-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4826126 — Rent arrears

Claims and awards in Tenancy Tribunal application 4826126 — net $1,270.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for 23/08/2022 and 08/11/2022	$1,250.00	Rent arrears for 23/08/2022 and 08/11/2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,270.44
Total payable by Tenant to Landlord	$1,270.44

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Sunday 5 th May 2024.
The tenant is to pay the landlord $1,250.00 for 2 weeks’ rent arrears from August and November 2022. This is to be paid from the bond.
Accordingly, the Bond Centre is to pay the bond of $1,270.44 ([Bond number suppressed]) to [The landlord/s] immediately. The rest of the bond is to remain with the Bond Centre.

Reasons

Both parties attended the hearing. The landlord attended in person with the assistance of a Mandarin interpreter. The tenant attended via teleconference.
The tenant claimed that the landlord served a termination notice to the tenant in retaliation, that the premises was not initially provided in a reasonably clean 4826126, 48387242 state, and that the premises did not comply with Healthy Homes Standards (“HHS”).
The landlord made a cross-application for possession, rent arrears, power arrears and removal and compensation for a metal fence that had been built by the tenant.
I deal with the tenant’s application first. Retaliatory notice
On 18 th December 2023, the landlord gave the tenant a notice ending the tenancy on 18 th March 2024. The tenant claimed the notice was retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986 (“RTA”).
However even before that, for a claim for retaliatory notice to be considered, the tenant must apply within 28 working days after receipt of the termination notice.
This means that the tenant was required to apply to the Tribunal by 31 st January 2024.
The tenant made her application to the Tribunal on 16 th March 2024, only 2 days before the stated final date on the termination notice.
As the tenant had made this claim outside the required period, this claim cannot be heard.
Accordingly, the tenant’s claim for retaliatory notice is dismissed.
The tenant sought 2 weeks to move out and the landlord agreed with this timeframe.
Therefore, the tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Sunday 5 th May 2024. The premises was not provided in a reasonably clean state
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the RTA and did not provide the premises in a reasonable state of cleanliness.
The tenant claimed that the previous tenant’s rubbish was still on the premises when the tenant moved in. However, the tenant did not have any evidence to support this claim by way of photos, text messages or any evidence of any previous complaints. 4826126, 48387243
This claim is not proven to the required standard and is dismissed.
The tenant also said that the first property manager did not do a walk through of the house to check for damages initially. There is no requirement for the landlord to do so and therefore is a non-issue. Non-compliance with HHS
The tenant claimed that the premises was non-compliant with HHS.
The tenancy was originally from 9 th April 2019 but was renewed on 4 th March 2022.
As the tenancy was renewed in 2022, the due date for HHS compliance was 90 days from the date of the renewed tenancy.
The tenant claimed that the tenant had obtained an HHS report confirming the premises was not complaint with HHS. The tenant had never provided this report to the landlord and it was not provided to the Tribunal for today’s hearing.
Although the landlord did not have the premises assessed for HHS, the landlord provided evidence of having an HHS assessor booked for the premises to be assessed. That HHS assessor was unable to have the premises assessed as the tenant had stopped responding to the landlord’s text messages, emails and phone calls in relation to the HHS assessment.
The tenant had erected a fence without the landlord’s permission and the landlord did not have the key to enter the premises without the tenant.
The tenant could not provide any explanation as to why the tenant stopped her communications to allow for the premises to be assessed for HHS.
In the circumstances, I do not find that there was anything more the landlord could have done for HHS.
This claim is dismissed. The landlord’s cross-application
The landlord has applied for possession of the premises.
As I have found that the termination notice stands, the termination and possession is granted as ordered above. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The tenant believed that she was only owing one week’s rent. 4826126, 48387244
The landlord provided evidence that 2 weeks’ rent was owing from 23 rd August 2022 and 8 th November 2022.
I am satisfied that the landlord has proven this claim to the required standard.
I order the tenant to pay the landlord $1,250.00 for rent arrears from the bond. Power arrears
The landlord sought for power arrears from the tenant.
The tenant claimed that power was included in the rent.
The landlord confirmed that there were two separate tenancies for the upstairs and the downstairs area. They both shared a single power account.
Initially there was an additional $100.00 paid at the very start of the tenancy in 2019 which was supposed to cover for 4 weeks’ power. However, no payments were made since and the tenant was never asked to pay for power.
Under section 39(3) RTA, the tenant is only responsible for outgoings that are exclusively attributable to the tenant’s occupation or the tenant’s use of the facilities.
The tenant is not liable to pay for power for upstairs as there was no way of finding out how much she was using due to there being no separate power meter.
The landlord sought for tenant to pay for power from November 2023 onwards when the downstairs’ tenant had left.
I find that the parties have implicitly agreed on the power being included in the rent in an all-inclusive manner after the initial tenancy from 2019 has ended.
I dismiss the landlord’s claim for power arrears. Removal and compensation for a metal fence that
The landlord sought for an order for the tenant to remove the metal fence that she had erected without the landlord’s permission.
The landlord believed that there would be damages to the property also.
As the tenancy is being terminated on 5 th May 2024, the tenant must remove the metal fence and fix any damages before then.
If the metal fence is not removed and damages not repaired by the tenant by the end of the tenancy, the landlord can make an application to the Tribunal for compensation at that stage. 4826126, 48387245
Furthermore, if the premises are not left reasonably clean and tidy and free from rubbish at the end of the tenancy, the landlord can make an application to the Tribunal for compensation for that also.
The tenant acknowledged that she understood her obligations.
No orders are made in relation to the fence at this stage. Reimbursement of the landlord’s filing fee
Because the landlord has substantially succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4826126 — net $1,270.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for 23/08/2022 and 08/11/2022	$1,250.00	Rent arrears for 23/08/2022 and 08/11/2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,270.44
Total payable by Tenant to Landlord	$1,270.44

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Sunday 5 th May 2024.
The tenant is to pay the landlord $1,250.00 for 2 weeks’ rent arrears from August and November 2022. This is to be paid from the bond.
Accordingly, the Bond Centre is to pay the bond of $1,270.44 ([Bond number suppressed]) to [The landlord/s] immediately. The rest of the bond is to remain with the Bond Centre.

Reasons

Both parties attended the hearing. The landlord attended in person with the assistance of a Mandarin interpreter. The tenant attended via teleconference.
The tenant claimed that the landlord served a termination notice to the tenant in retaliation, that the premises was not initially provided in a reasonably clean 4826126, 48387242 state, and that the premises did not comply with Healthy Homes Standards (“HHS”).
The landlord made a cross-application for possession, rent arrears, power arrears and removal and compensation for a metal fence that had been built by the tenant.
I deal with the tenant’s application first. Retaliatory notice
On 18 th December 2023, the landlord gave the tenant a notice ending the tenancy on 18 th March 2024. The tenant claimed the notice was retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986 (“RTA”).
However even before that, for a claim for retaliatory notice to be considered, the tenant must apply within 28 working days after receipt of the termination notice.
This means that the tenant was required to apply to the Tribunal by 31 st January 2024.
The tenant made her application to the Tribunal on 16 th March 2024, only 2 days before the stated final date on the termination notice.
As the tenant had made this claim outside the required period, this claim cannot be heard.
Accordingly, the tenant’s claim for retaliatory notice is dismissed.
The tenant sought 2 weeks to move out and the landlord agreed with this timeframe.
Therefore, the tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Sunday 5 th May 2024. The premises was not provided in a reasonably clean state
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the RTA and did not provide the premises in a reasonable state of cleanliness.
The tenant claimed that the previous tenant’s rubbish was still on the premises when the tenant moved in. However, the tenant did not have any evidence to support this claim by way of photos, text messages or any evidence of any previous complaints. 4826126, 48387243
This claim is not proven to the required standard and is dismissed.
The tenant also said that the first property manager did not do a walk through of the house to check for damages initially. There is no requirement for the landlord to do so and therefore is a non-issue. Non-compliance with HHS
The tenant claimed that the premises was non-compliant with HHS.
The tenancy was originally from 9 th April 2019 but was renewed on 4 th March 2022.
As the tenancy was renewed in 2022, the due date for HHS compliance was 90 days from the date of the renewed tenancy.
The tenant claimed that the tenant had obtained an HHS report confirming the premises was not complaint with HHS. The tenant had never provided this report to the landlord and it was not provided to the Tribunal for today’s hearing.
Although the landlord did not have the premises assessed for HHS, the landlord provided evidence of having an HHS assessor booked for the premises to be assessed. That HHS assessor was unable to have the premises assessed as the tenant had stopped responding to the landlord’s text messages, emails and phone calls in relation to the HHS assessment.
The tenant had erected a fence without the landlord’s permission and the landlord did not have the key to enter the premises without the tenant.
The tenant could not provide any explanation as to why the tenant stopped her communications to allow for the premises to be assessed for HHS.
In the circumstances, I do not find that there was anything more the landlord could have done for HHS.
This claim is dismissed. The landlord’s cross-application
The landlord has applied for possession of the premises.
As I have found that the termination notice stands, the termination and possession is granted as ordered above. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The tenant believed that she was only owing one week’s rent. 4826126, 48387244
The landlord provided evidence that 2 weeks’ rent was owing from 23 rd August 2022 and 8 th November 2022.
I am satisfied that the landlord has proven this claim to the required standard.
I order the tenant to pay the landlord $1,250.00 for rent arrears from the bond. Power arrears
The landlord sought for power arrears from the tenant.
The tenant claimed that power was included in the rent.
The landlord confirmed that there were two separate tenancies for the upstairs and the downstairs area. They both shared a single power account.
Initially there was an additional $100.00 paid at the very start of the tenancy in 2019 which was supposed to cover for 4 weeks’ power. However, no payments were made since and the tenant was never asked to pay for power.
Under section 39(3) RTA, the tenant is only responsible for outgoings that are exclusively attributable to the tenant’s occupation or the tenant’s use of the facilities.
The tenant is not liable to pay for power for upstairs as there was no way of finding out how much she was using due to there being no separate power meter.
The landlord sought for tenant to pay for power from November 2023 onwards when the downstairs’ tenant had left.
I find that the parties have implicitly agreed on the power being included in the rent in an all-inclusive manner after the initial tenancy from 2019 has ended.
I dismiss the landlord’s claim for power arrears. Removal and compensation for a metal fence that
The landlord sought for an order for the tenant to remove the metal fence that she had erected without the landlord’s permission.
The landlord believed that there would be damages to the property also.
As the tenancy is being terminated on 5 th May 2024, the tenant must remove the metal fence and fix any damages before then.
If the metal fence is not removed and damages not repaired by the tenant by the end of the tenancy, the landlord can make an application to the Tribunal for compensation at that stage. 4826126, 48387245
Furthermore, if the premises are not left reasonably clean and tidy and free from rubbish at the end of the tenancy, the landlord can make an application to the Tribunal for compensation for that also.
The tenant acknowledged that she understood her obligations.
No orders are made in relation to the fence at this stage. Reimbursement of the landlord’s filing fee
Because the landlord has substantially succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee of $20.44.

Tenancy Tribunal case 4826126 — Rent arrears

At a glance

Tenancy Tribunal case 4826126 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions