What was Tenancy Tribunal case 4853440 about?

The tribunal order states: Michael Smith must pay [The landlord/s] $1,860.72 immediately, calculated as

How much money was awarded in case 4853440?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,100.28 awarded to landlord

What type of tenancy dispute was case 4853440?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4853440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10610910-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4853440 about?

The tribunal order states: Michael Smith must pay [The landlord/s] $1,860.72 immediately, calculated as

How much money was awarded in case 4853440?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,100.28 awarded to landlord

What type of tenancy dispute was case 4853440?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4853440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10610910-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4853440 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4853440 — net $1,860.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 31 March 2024	$3,100.28	Rent arrears to and including 31 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,860.72
Total payable by Tenant to Landlord	$1,860.72

[Mr A] attended the hearing for the landlords. The tenant did not attend.

The landlords have 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?

The tenant had a fixed term tenancy of the premises ending on 4 August 2024. The tenant advised the landlords on 5 March 2024 that he was leaving the tenancy and the landlords found a new tenant for the premises on 1 April 2024.

The amount of rent owing until the new tenant was found has been established by the production of a rent record.

Did the tenant comply with his obligations at the end of the tenancy?

The landlords claim the cost to change the locks and keys, advertising costs, costs to remove and store the tenant’s possessions, cleaning costs, and rubbish removal costs.

The claims to change the locks and keys, to clean the premises, and to remove rubbish is dismissed because the landlords did not provide any evidence to support the costs claimed.

The landlords claim the cost ($438.00) to advertise the tenancy. However, the invoice for this amount simply states it is for “listing fees” for the month of March and [Mr A] was unable to confirm whether the fees were to advertise this tenancy only. This claim is therefore dismissed.

The landlords claim the sum of $2,070.00 for the “removal and storage of items” by South Christchurch Property Maintenance. However, [Mr A] was unable to say where the goods were removed to or where they were stored (other than to say some were put in the garage at the premises). He also said that the goods were dumped by South Christchurch Property Maintenance, although there is no mention of dumping of the goods in the invoice and the invoice includes a cost for “storage of house items”. Moreover, there appears that some of the goods may have had a saleable value but the landlords did not make any attempt to sell the goods that did have a saleable value (as required by section 62A of the Residential Tenancies Act 1986). I am therefore not satisfied that the landlords have provided sufficient evidence to establish the claim for the removal and storage of the goods.

The landlords have been partially successful in their claims and I consider this an appropriate case to award them payment of the Tribunal application fee.

Should a suppression order be made?

The landlords applied, in their application, for a suppression order.

Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The landlords have been mostly successful and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlords’ names and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 4853440 — net $1,860.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 31 March 2024	$3,100.28	Rent arrears to and including 31 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,860.72
Total payable by Tenant to Landlord	$1,860.72

Order

Michael Smith must pay [The landlord/s] $1,860.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,260.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlords’ other claims are dismissed.

Reasons

[Mr A] attended the hearing for the landlords. The tenant did not attend.
The landlords have 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?

The tenant had a fixed term tenancy of the premises ending on 4 August 2024. The tenant advised the landlords on 5 March 2024 that he was leaving the tenancy and the landlords found a new tenant for the premises on 1 April 2024.
The amount of rent owing until the new tenant was found has been established by the production of a rent record.

Did the tenant comply with his obligations at the end of the tenancy?

The landlords claim the cost to change the locks and keys, advertising costs, costs to remove and store the tenant’s possessions, cleaning costs, and rubbish removal costs.
The claims to change the locks and keys, to clean the premises, and to remove rubbish is dismissed because the landlords did not provide any evidence to support the costs claimed.
The landlords claim the cost ($438.00) to advertise the tenancy. However, the invoice for this amount simply states it is for “listing fees” for the month of March and [Mr A] was unable to confirm whether the fees were to advertise this tenancy only. This claim is therefore dismissed.
The landlords claim the sum of $2,070.00 for the “removal and storage of items” by South Christchurch Property Maintenance. However, [Mr A] was unable to say where the goods were removed to or where they were stored (other than to say some were put in the garage at the premises). He also said that the goods were dumped by South Christchurch Property Maintenance, although there is no mention of dumping of the goods in the invoice and the invoice includes a cost for “storage of house items”. Moreover, there appears that some of the goods may have had a saleable value but the landlords did not make any attempt to sell the goods that did have a saleable value (as required by section 62A of the Residential Tenancies Act 1986). I am therefore not satisfied that the landlords have provided sufficient evidence to establish the claim for the removal and storage of the goods.
The landlords have been partially successful in their claims and I consider this an appropriate case to award them payment of the Tribunal application fee.

Should a suppression order be made?

The landlords applied, in their application, for a suppression order.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlords have been mostly successful and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlords’ names and identifying details be suppressed.

Tenancy Tribunal case 4853440 — Rent arrears

At a glance

Tenancy Tribunal case 4853440 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his obligations at the end of the tenancy?

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his obligations at the end of the tenancy?

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions