What was the outcome of Tenancy Tribunal case 4878465?

The tribunal order states: Jahmaine Kati must pay Lodge City Rentals Limited As Agent For Thomas

How much money was awarded in case 4878465?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $455.68 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4878465?

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

Where can I read the official tribunal order for case 4878465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671761-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878465?

The tribunal order states: Jahmaine Kati must pay Lodge City Rentals Limited As Agent For Thomas

How much money was awarded in case 4878465?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $455.68 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4878465?

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

Where can I read the official tribunal order for case 4878465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671761-Tenancy_Tribunal_Order.pdf.

78B Clyde Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4878465 — Rent arrears

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78B Clyde Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4878465 — 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 4878465 — net $776.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/12/2023	$455.68	Rent arrears to 13/12/2023
Rubbish removal	$120.00	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$776.12
Total payable by Tenant to Landlord	$776.12

Claims and awards for application 4878465 — net $776.12 NZD. Verify on MoJ.

Rent arrears to 13/12/2023

Amount: $455.68
Awarded to: Landlord
Reason: Rent arrears to 13/12/2023

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $776.12

Total payable by Tenant to Landlord

Landlord $776.12

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Rubbish Removal

Order

Jahmaine Kati must pay Lodge City Rentals Limited As Agent For Thomas Family Trust & Trustees Limited $776.12 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Notice
Section 91A(2) of the Residential Tenancies Act 1986 ("RTA") provides that if a landlord files an application more than two months after the termination of the tenancy, any notice required to be served on the tenant must be served either personally; or by posting to a contact address that the tenant has supplied to the landlord in writing within the two months before the application; or by delivering it to a place where the tenant now lives and giving it to any person appearing to be at least 16 years old who appears to be residing at that address and who confirms that the tenant resides there; or by giving it to any solicitor or agent of the tenant duly authorised by the tenant to receive service on his or her behalf.
Section 91B RTA provides that if a notice is not served in accordance with the Act, the Tribunal may nevertheless hear and determine the matter if it is satisfied that all reasonable efforts have been made to serve the party as required by the Act and the failure to serve as required is not due to any fault or unreasonable delay by the applicant.
This application was filed by the landlord more than 2 months after the tenancy ended and section 91A(2) therefore applies. Service as required by that section has not been effected. However, I am applying section 91B and I am hearing the matter today because I am satisfied that all reasonable efforts have been made to serve the tenant and the failure to serve is not due to any fault by the landlord. I say this because the evidence shows the landlord has been in contact with the tenant at various times since the tenancy has ended in an attempt to resolve outstanding issues without bringing an application to the Tribunal. The evidence also shows that the tenant is aware of the hearing today and the application. This was verified by email communication from the tenant had sent to the landlord in January 2024 regarding the claims sought.

How much is owed for rent?

A tenant must pay rent as and when it falls due. See section 40 RTA.
The tenancy ended on 13 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 photographs provided by the landlord shows there were white stains in the carpet which had to be professional cleaned and treated, and rubbish was not removed.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse 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 4878465 — net $776.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/12/2023	$455.68	Rent arrears to 13/12/2023
Rubbish removal	$120.00	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$776.12
Total payable by Tenant to Landlord	$776.12

Claims and awards for application 4878465 — net $776.12 NZD. Verify on MoJ.

Rent arrears to 13/12/2023

Amount: $455.68
Awarded to: Landlord
Reason: Rent arrears to 13/12/2023

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $776.12

Total payable by Tenant to Landlord

Landlord $776.12

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Rubbish Removal

Order

Jahmaine Kati must pay Lodge City Rentals Limited As Agent For Thomas Family Trust & Trustees Limited $776.12 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Notice
Section 91A(2) of the Residential Tenancies Act 1986 ("RTA") provides that if a landlord files an application more than two months after the termination of the tenancy, any notice required to be served on the tenant must be served either personally; or by posting to a contact address that the tenant has supplied to the landlord in writing within the two months before the application; or by delivering it to a place where the tenant now lives and giving it to any person appearing to be at least 16 years old who appears to be residing at that address and who confirms that the tenant resides there; or by giving it to any solicitor or agent of the tenant duly authorised by the tenant to receive service on his or her behalf.
Section 91B RTA provides that if a notice is not served in accordance with the Act, the Tribunal may nevertheless hear and determine the matter if it is satisfied that all reasonable efforts have been made to serve the party as required by the Act and the failure to serve as required is not due to any fault or unreasonable delay by the applicant.
This application was filed by the landlord more than 2 months after the tenancy ended and section 91A(2) therefore applies. Service as required by that section has not been effected. However, I am applying section 91B and I am hearing the matter today because I am satisfied that all reasonable efforts have been made to serve the tenant and the failure to serve is not due to any fault by the landlord. I say this because the evidence shows the landlord has been in contact with the tenant at various times since the tenancy has ended in an attempt to resolve outstanding issues without bringing an application to the Tribunal. The evidence also shows that the tenant is aware of the hearing today and the application. This was verified by email communication from the tenant had sent to the landlord in January 2024 regarding the claims sought.

How much is owed for rent?

A tenant must pay rent as and when it falls due. See section 40 RTA.
The tenancy ended on 13 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 photographs provided by the landlord shows there were white stains in the carpet which had to be professional cleaned and treated, and rubbish was not removed.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4878465 — Rent arrears at 78B Clyde Street, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4878465 — Rent arrears at 78B Clyde Street, Hamilton East, Hamilton 3216

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