What was Tenancy Tribunal case 4886425 about?

The tribunal order states: Wende Bennetti must pay [The tenant/s] $20.44 immediately, calculated as

How much money was awarded in case 4886425?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4886425?

The dispute type was not classified.

Where can I read the official tribunal order for case 4886425?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10836951-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4886425 about?

The tribunal order states: Wende Bennetti must pay [The tenant/s] $20.44 immediately, calculated as

How much money was awarded in case 4886425?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4886425?

The dispute type was not classified.

Where can I read the official tribunal order for case 4886425?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10836951-Tribunal_Order_Redacted.pdf.

52 Anglesea Street, Hamilton Central, Hamilton 3204 Tenancy Tribunal Case 4886425 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4886425 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

Wende Bennetti must pay [The tenant/s] $20.44 immediately, calculated as shown in table below:

The landlord is to remove all their belongings from 52 Anglesea Street, Hamilton, specifically from the garage and two bedrooms, by 5pm, Monday, 4 November 20204.

If the belongings are not removed by 5pm,Monday, 4 November 2024, the rent is to be reduced to $300.00 per week.

The rent reduction will stay in place until all the landlords’ belongings are removed.

Reasons

The tenant attended the hearing. The landlord did not appear or contact the Tribunal. The hearing continued in their absence.

This is a current tenancy beginning on 8 May 2023.The tenant pays $500.00 per week for a two-bedroom premises, with a garage, separate kitchen and living area.

The landlord left belongings in the garage, master bedroom and spare room. The tenant believed that this was to be for a short period of time.

The belongings have remained in the premises for over a year and the tenant is only able to use his mattress on the landlord’s base in the spare bedroom. He is unable to use the master bedroom or garage.

It is acknowledged that the premises come with some furnishings however these are separate to the landlords’ items.

The tenant said that the landlord paid the power for the premises, but this was not enough compensation for his inability to use the garage and bedroom. He has had the opportunity to have a flatmate but is unable to because he has moved all the landlord belongings into the master bedroom and cannot use it.

This situation has continued with limited communications from the landlord and sporadic removal of items by them. The tenant said that he was told he could dispose of items in the garage.

The tenant asked that the landlord should be given the opportunity to remove the items by 4 November 2024.

A tenant shall have vacant possession of premises on the date on which in accordance with the tenancy agreement the tenant is entitled to occupation. See Section 37 Residential Tenancies Act 1986,RTA.

The landlords’ actions are a breach of the RTA. A tenant must have vacant possession and it is not their responsibility to dispose of the landlords’ goods.

The landlord has failed to provide vacant possession and therefore is ordered to remove all their belongings by 5pm, Monday, 4 November 2024.

If all the belongings are not removed by this date the rent is reduced to $300.00 per week until all the items have been removed.

The rent reduction will remain in force until all the items are removed. Both parties can make further applications to the Tribunal if required.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The tenant sought name suppression and Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression for the tenant is granted.

Claims and awards in Tenancy Tribunal application 4886425 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

Order

Wende Bennetti must pay [The tenant/s] $20.44 immediately, calculated as shown in table below:
The landlord is to remove all their belongings from 52 Anglesea Street, Hamilton, specifically from the garage and two bedrooms, by 5pm, Monday, 4 November 20204.
If the belongings are not removed by 5pm,Monday, 4 November 2024, the rent is to be reduced to $300.00 per week.
The rent reduction will stay in place until all the landlords’ belongings are removed.

Reasons

The tenant attended the hearing. The landlord did not appear or contact the Tribunal. The hearing continued in their absence.
This is a current tenancy beginning on 8 May 2023.The tenant pays $500.00 per week for a two-bedroom premises, with a garage, separate kitchen and living area.
The landlord left belongings in the garage, master bedroom and spare room. The tenant believed that this was to be for a short period of time.
The belongings have remained in the premises for over a year and the tenant is only able to use his mattress on the landlord’s base in the spare bedroom. He is unable to use the master bedroom or garage.
It is acknowledged that the premises come with some furnishings however these are separate to the landlords’ items.
The tenant said that the landlord paid the power for the premises, but this was not enough compensation for his inability to use the garage and bedroom. He has had the opportunity to have a flatmate but is unable to because he has moved all the landlord belongings into the master bedroom and cannot use it.
This situation has continued with limited communications from the landlord and sporadic removal of items by them. The tenant said that he was told he could dispose of items in the garage.
The tenant asked that the landlord should be given the opportunity to remove the items by 4 November 2024.
A tenant shall have vacant possession of premises on the date on which in accordance with the tenancy agreement the tenant is entitled to occupation. See Section 37 Residential Tenancies Act 1986,RTA.
The landlords’ actions are a breach of the RTA. A tenant must have vacant possession and it is not their responsibility to dispose of the landlords’ goods.
The landlord has failed to provide vacant possession and therefore is ordered to remove all their belongings by 5pm, Monday, 4 November 2024.
If all the belongings are not removed by this date the rent is reduced to $300.00 per week until all the items have been removed.
The rent reduction will remain in force until all the items are removed. Both parties can make further applications to the Tribunal if required.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The tenant sought name suppression and Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Name suppression for the tenant is granted.

Tenancy Tribunal case 4886425 — Tenancy dispute at 52 Anglesea Street, Hamilton Central, Hamilton 3204

At a glance

Award balance

Tenancy Tribunal case 4886425 — Tenancy dispute at 52 Anglesea Street, Hamilton Central, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions