What was the outcome of Tenancy Tribunal case 4878705?

The tribunal order states: Damon Wayne Andrew Smith must pay Wongeoon Vast Limited $847.44

How much money was awarded in case 4878705?

Cleaning: $45.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,247.14 awarded to landlord; Rubbish Removal: $29.86 awarded to landlord

What type of tenancy dispute was case 4878705?

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

Where can I read the official tribunal order for case 4878705?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11151910-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878705?

The tribunal order states: Damon Wayne Andrew Smith must pay Wongeoon Vast Limited $847.44

How much money was awarded in case 4878705?

Cleaning: $45.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,247.14 awarded to landlord; Rubbish Removal: $29.86 awarded to landlord

What type of tenancy dispute was case 4878705?

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

Where can I read the official tribunal order for case 4878705?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11151910-Tribunal_Order.pdf.

Room 10, 428 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4878705 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4878705 — net $847.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2024	$1,247.14	Rent arrears to 23 January 2024
Cleaning	$45.00	Cleaning
Rubbish removal	$29.86	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$847.44
Total payable by Tenant to Landlord	$847.44

Both parties attended the hearing. This was a continuation hearing, ordered after an error in the tenant’s number provided meant he was not joined to the first hearing.

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

How much is owed for rent?

The tenancy ended on 9 March 2024 according to the landlord. The landlord has provided records which prove the amount of rent owing to the end of the tenancy. This date was established by a text message sent to the tenant on 7 March 2024. The tenant replied the same day (below):

The tenant claims in the message above, and confirmed again in the hearing, he had sent a message in late 2024, advising he was not intending to return to the room.

I find the tenant’s recall of how and when he left to be inconsistent and he failed to take adequate steps at that time. That might be due to his loss of phone as stated but that was not an insurmountable challenge.

I raised the question regarding mitigation of loss by the landlord. Section 49 RTA requires “the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”

There was no attempt by the landlord to contact the tenant from December 2023. The first attempt on 7 March 2024 was responded to quickly. The tenant claims he had moved back to Wellington and assumed there were no further issues before that contact.

The landlord acknowledged one failure to send a notice regarding rent arrears but by the end of the first week of January 2024 rent was already four weeks in arrears. The landlord asked other tenants at the house about the tenant during inspections in January and February it but did not follow up after reports of his apparent absence.

Sections 66U and X RTA provide the landlord with a number of tools to manage and conclude situations such as this. Neither were utilised until 7 March 2024.

I conclude that there was a failure to mitigate in this instance. The final rent arrears claimed of $2,561.43 was greatly inflated from what it might have reasonable been.

Having heard from both parties, I have concluded tenant rent liability as at 23 January 2024. There was ample opportunity prior to end this tenancy on or before that date, or to at least attempt to engage with the tenant regarding the situation. Equally, if the tenant had exited more cleanly, and with better communication from him, his rent liability would have been less.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish. The tenant accepted the costs of $45 cleaning and $29.86 for rubbish removal as claimed. They are both reasonable and supported by the evidence.

The amounts ordered are proved. Filing fee

Because Wongeoon Vast Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4878705 — net $847.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2024	$1,247.14	Rent arrears to 23 January 2024
Cleaning	$45.00	Cleaning
Rubbish removal	$29.86	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$847.44
Total payable by Tenant to Landlord	$847.44

Order

Damon Wayne Andrew Smith must pay Wongeoon Vast Limited $847.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $495.00 () to Wongeoon Vast Limited immediately.

Reasons

Both parties attended the hearing. This was a continuation hearing, ordered after an error in the tenant’s number provided meant he was not joined to the first hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 9 March 2024 according to the landlord. The landlord has provided records which prove the amount of rent owing to the end of the tenancy. This date was established by a text message sent to the tenant on 7 March 2024. The tenant replied the same day (below):
The tenant claims in the message above, and confirmed again in the hearing, he had sent a message in late 2024, advising he was not intending to return to the room.
I find the tenant’s recall of how and when he left to be inconsistent and he failed to take adequate steps at that time. That might be due to his loss of phone as stated but that was not an insurmountable challenge.
I raised the question regarding mitigation of loss by the landlord. Section 49 RTA requires “the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”
There was no attempt by the landlord to contact the tenant from December 2023. The first attempt on 7 March 2024 was responded to quickly. The tenant claims he had moved back to Wellington and assumed there were no further issues before that contact.
The landlord acknowledged one failure to send a notice regarding rent arrears but by the end of the first week of January 2024 rent was already four weeks in arrears. The landlord asked other tenants at the house about the tenant during inspections in January and February it but did not follow up after reports of his apparent absence.
Sections 66U and X RTA provide the landlord with a number of tools to manage and conclude situations such as this. Neither were utilised until 7 March 2024.
I conclude that there was a failure to mitigate in this instance. The final rent arrears claimed of $2,561.43 was greatly inflated from what it might have reasonable been.
Having heard from both parties, I have concluded tenant rent liability as at 23 January 2024. There was ample opportunity prior to end this tenancy on or before that date, or to at least attempt to engage with the tenant regarding the situation. Equally, if the tenant had exited more cleanly, and with better communication from him, his rent liability would have been less.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish. The tenant accepted the costs of $45 cleaning and $29.86 for rubbish removal as claimed. They are both reasonable and supported by the evidence.
The amounts ordered are proved. Filing fee
Because Wongeoon Vast Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4878705 — Rent arrears at Room 10, 428 Cashel Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4878705 — Rent arrears at Room 10, 428 Cashel Street, Linwood, Christchurch 8011

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