What was the outcome of Tenancy Tribunal case 4862282?

The tribunal order states: Brent Marsden must pay Property Brokers Limited As Agent For Shane Tuhi

How much money was awarded in case 4862282?

Cleaning: $20.44 awarded to landlord; Rent Arrears: $4,300.00 awarded to landlord; Rubbish Removal: $2,455.18 awarded to landlord

What type of tenancy dispute was case 4862282?

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

Where can I read the official tribunal order for case 4862282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10371395-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862282?

The tribunal order states: Brent Marsden must pay Property Brokers Limited As Agent For Shane Tuhi

How much money was awarded in case 4862282?

Cleaning: $20.44 awarded to landlord; Rent Arrears: $4,300.00 awarded to landlord; Rubbish Removal: $2,455.18 awarded to landlord

What type of tenancy dispute was case 4862282?

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

Where can I read the official tribunal order for case 4862282?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10371395-Tenancy_Tribunal_Order.pdf.

43 Fox Street, Woodville Tenancy Tribunal Case 4862282 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4862282 — net $5,375.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,300.00	Rent arrears
Rubbish removal	$2,455.18	Rubbish removal
Carpet Cleaning	$20.44	Carpet Cleaning
Net award	$5,375.62
Total payable by Tenant to Landlord	$5,375.62

Both parties attended the hearing, the tenant by phone. The landlord was represented by Ms Cowan, who had not been the property manager during the tenancy.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

There was a dispute about when the tenancy ended. The tenant said that the previous property manager, Hailey, had told him in July that he had to move out because of a complaint about him. The tenant did not have a copy of letter or email from the landlord giving him notice to terminate the tenancy. He said he had been told via text, but he no longer has that phone.

The landlord had no record that the tenant had been given notice.

During July and August the tenant continued to make some rent payment, his last one being on 11 August 2023.

In the meantime the tenant was remanded in custody on 2 August 2023 and so he could not make rent payments. However, he also said that he believed the tenancy had ended in July.

Ms Cowan said that the records showed no evidence that the landlord had terminated the tenancy until 19 October 2023 when they had managed to make contact with the tenant and he agreed that the tenancy could end that day. He was no longer in custody, but the tenant’s bail conditions meant that he could not come to Woodville to clear out the property. They understood he had made arrangements to clear out the garage on 11 November 2023.

The onus is on the tenant to establish that the tenancy ended before 19 October 2023. He has not established that. He has no record of a notice of termination. I find it unlikely that the landlord would have purported to terminate the tenancy because of his behaviour. If that had been a ground for termination, they would need to have made an application to the Tribunal.

Although the tenant was not living at the premises, he did not give notice to terminate the tenancy.

I find the tenancy ended by agreement on 19 October 2023.

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $4,300.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant’s dishes and some food were in the property along with some couches and some rubbish.

The photos show a garage full of items including the whiteware as well as broken furniture, discarded foam inners, cardboard boxes, plastic paint buckets and debris.

The landlord provided two invoices. The first was for skip hire for the initial rubbish removal and moving everything to the garage for the tenant to collect. After 11 November, which was the date they had agreed he would clean out the garage, they arranged for everything to be taken to the dump, but left the whiteware and microwave locked in the garage. Those items have since gone and they assumed that the tenant had arranged for collection.

The invoices total $2,455.18. The amount ordered is proved.

Because Property Brokers Limited As Agent For Shane Tuhi has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4862282 — net $5,375.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,300.00	Rent arrears
Rubbish removal	$2,455.18	Rubbish removal
Carpet Cleaning	$20.44	Carpet Cleaning
Net award	$5,375.62
Total payable by Tenant to Landlord	$5,375.62

Order

Brent Marsden must pay Property Brokers Limited As Agent For Shane Tuhi $5,375.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (3003926-009) to Property Brokers Limited As Agent For Shane Tuhi immediately.

Reasons

Both parties attended the hearing, the tenant by phone. The landlord was represented by Ms Cowan, who had not been the property manager during the tenancy.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
There was a dispute about when the tenancy ended. The tenant said that the previous property manager, Hailey, had told him in July that he had to move out because of a complaint about him. The tenant did not have a copy of letter or email from the landlord giving him notice to terminate the tenancy. He said he had been told via text, but he no longer has that phone.
The landlord had no record that the tenant had been given notice.
During July and August the tenant continued to make some rent payment, his last one being on 11 August 2023.
In the meantime the tenant was remanded in custody on 2 August 2023 and so he could not make rent payments. However, he also said that he believed the tenancy had ended in July.
Ms Cowan said that the records showed no evidence that the landlord had terminated the tenancy until 19 October 2023 when they had managed to make contact with the tenant and he agreed that the tenancy could end that day. He was no longer in custody, but the tenant’s bail conditions meant that he could not come to Woodville to clear out the property. They understood he had made arrangements to clear out the garage on 11 November 2023.
The onus is on the tenant to establish that the tenancy ended before 19 October 2023. He has not established that. He has no record of a notice of termination. I find it unlikely that the landlord would have purported to terminate the tenancy because of his behaviour. If that had been a ground for termination, they would need to have made an application to the Tribunal.
Although the tenant was not living at the premises, he did not give notice to terminate the tenancy.
I find the tenancy ended by agreement on 19 October 2023.

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $4,300.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant’s dishes and some food were in the property along with some couches and some rubbish.
The photos show a garage full of items including the whiteware as well as broken furniture, discarded foam inners, cardboard boxes, plastic paint buckets and debris.
The landlord provided two invoices. The first was for skip hire for the initial rubbish removal and moving everything to the garage for the tenant to collect. After 11 November, which was the date they had agreed he would clean out the garage, they arranged for everything to be taken to the dump, but left the whiteware and microwave locked in the garage. Those items have since gone and they assumed that the tenant had arranged for collection.
The invoices total $2,455.18. The amount ordered is proved.
Because Property Brokers Limited As Agent For Shane Tuhi has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4862282 — Rent arrears at 43 Fox Street, Woodville

At a glance

Tenancy Tribunal case 4862282 — Rent arrears at 43 Fox Street, Woodville

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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