What was the outcome of Tenancy Tribunal case 4888380?

The tribunal order states: Shealease Evelyn Laval Martin must pay Street Smart Property Management

How much money was awarded in case 4888380?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $235.98 awarded to landlord

What type of tenancy dispute was case 4888380?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4888380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878451-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4888380?

The tribunal order states: Shealease Evelyn Laval Martin must pay Street Smart Property Management

How much money was awarded in case 4888380?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $235.98 awarded to landlord

What type of tenancy dispute was case 4888380?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4888380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878451-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 23B Hillsborough Road, Hillsborough, Tenancy Tribunal Case 4888380 — Rent arrears

Claims and awards in Tenancy Tribunal application 4888380 — net $256.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 26 May 2023 to 14 June 2023	$235.98	Rent arrears (from 26 May 2023 to 14 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$256.42
Total payable by Tenant to Landlord	$256.42

Claims and awards in Tenancy Tribunal application 4888380 — net $256.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 26 May 2023 to 14 June 2023	$235.98	Rent arrears (from 26 May 2023 to 14 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$256.42
Total payable by Tenant to Landlord	$256.42

Order

Shealease Evelyn Laval Martin must pay Street Smart Property Management Limited As Agent For Amit And Sadikha $256.42 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing today. The tenant attended the hearing with her mother, who was removed from the hearing part way through for disruptive conduct.
The landlord applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The landlord’s compensation claim is for damage to the walls and a door, but it only supplied a quote to the Tribunal to support its claim for these costs. The Tribunal does not award compensation for costs a landlord has not yet incurred as it has not had the repairs done. Therefore this claim was dismissed.
The tenant applied for recovery of overpaid rent, refund of her bond and reimbursement of the filing fee. She withdrew her application for compensation and exemplary damages for unlawful seizure and disposal of goods at the hearing today. Background
The tenant says she fell into rent arrears when she changed jobs and her fortnightly direct debit for rent payments was half of what it needed to be to pay her rent in full and on time. She says she was unaware that, as she was only paying one week’s rent per fortnight, she was falling further and further into rent arrears.
The landlord says that when he issued the tenant with 14-day notices for rent arrears, she argued with him telling him she had paid rent in advance and his records were incorrect. The tenant says the landlord never informed her that her rent was in arrears and that if she did not pay her rent up to date she was at risk of having her tenancy terminated.
On 18 May 2023, the tenant’s tenancy was terminated at 5pm on 22 May 2023 and possession was granted to the landlord. The 18 May 2023 Tribunal Order NZTT455115 records that the tenant stated during the hearing that her rent was one week in advance at the date of the hearing and the rent summary provided by the landlord was incorrect. The Adjudicator recorded that he had not been provided any proof that supported this claim and gave the tenant an instruction to provide the landlord with her proof by 5pm on 22 May 2022. The tenant was unable to provide this proof because her rent was in arrears.
The $2,120.00 bond was refunded to the landlord on 19 May 2023, as ordered in the 18 May 2023 Tribunal Order. This payment was used to offset some of the tenant’s rent arrears and left her rent ledger in arrears of $1,250.00.
The tenant was under the mistaken belief that if she cleared the rent arrears the landlord would not action the eviction order. As such, she made three rent payments on 30 May 2023 for a total of $3,600.00. These payments resulted in a rent overpayment of $2,350.00.
The tenant was evicted on 1 June 2023 but did not collect her and her child’s belongings until 15 June 2023. The belongings remained in the premise from 1 June 2023 to 15 June 2023 and the tenant claims she should not be charged rent for that period as she was not living in the premise and could not collect her belongings any earlier than 15 June 2023, as she had been locked out of the premise. Further, she says the landlord unreasonably withheld his consent from her for collecting her belongings on a weekend when she works during the weekdays. Did the landlord have the right to store the tenant’s belongings in a storage facility?
Section 62 of the RTA states: (1) “Where, on the termination of the tenancy, the tenant leaves on the premises foodstuffs or other perishable goods, the landlord may, immediately after taking possession of the premises, dispose of those goods (3) If the landlord is unable to contact the tenant or to agree on a period with the tenant, or if in any way the landlord thinks fit. (2) If the tenant leaves on the premises goods that are neither foodstuffs nor other perishable goods, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods. (3) The tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either: (a) in accordance with section 62A; or (b)by securing them in safe storage and by applying to the Tribunal in accordance with section 62B”.
Section 62A of the RTA states: (1)The landlord may deal with the goods to which section 62(3) applies, other than personal documents belonging to the tenant, by making all reasonable efforts to assess the market value of those goods. (2)If the assessment under subsection (1) indicates that any of the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit. (3)If the assessment under subsection (1) indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for not less than 35 days from the date on which the landlord first took possession of those goods. (4)If, before the landlord disposes of the goods under subsection (5), the tenant claims the goods and any personal documents belonging to the tenant or claims either the goods or the documents,— (a)the landlord may require the tenant to pay the landlord’s actual and reasonable costs arising out of the storage of the goods; and (b)the landlord must release to the tenant any goods and personal documents claimed by the tenant, subject to payment of any costs required under paragraph (a); and (c)the tenant must give the landlord a receipt for any goods and personal documents released to the tenant. (5)If, after the period of 35 days specified in subsection (3), the goods or any personal documents belonging to the tenant remain unclaimed, the landlord must— (a)continue to secure those goods and personal documents in safe storage to await any claims by the tenant under subsection (4); or (b)do the following: (i)take any personal documents belonging to the tenant to the nearest Police station and obtain a receipt for them from a Police employee; and (ii)sell the other goods by public auction or by private contract at a reasonable market price. (6)If the landlord has sold the goods under subsection (5)(b)(ii), the landlord may apply to the Tribunal for an order specifying the amount (if any) owing to the landlord out of the proceeds of sale”.
The evidence provided to the Tribunal, combined with the written communications between the parties, show the following chronology of the landlord’s attempts to comply with his sections 62 and 62A obligations under the RTA: a. The tenant sent an email to the landlord on 24 May 2023 confirming she had made a mistake and was in rent arrears and “was in shock with going to the tribunal and losing” her “home and bond” and asks if the landlord will give her more time to look for another tenancy and move out if she repays the arrears. This email indicates the tenant knew her tenancy had been ended by the 18 May 2023 Tribunal Order and she was seeking an extension of time to move out as the Order only gave her until 22 May 2024. As the rent is still in arrears, the landlord ignores this request and applies for an eviction warrant to enforce the 18 May 2023 Tribunal Order. b. On 29 May 2023, a bailiff leaves a notice at the premise that notifies the tenant she will be evicted on 1 June 2023 if she has not moved out by that date. c. On 29 May 2023 at 8:13pm (outside of the property manager’s business hours) the tenant emailed the landlord telling him he must give her 63 days’ notice, she cannot leave the property today and the bailiff’s notice is the only written eviction notice she has received. On questioning at the hearing, the tenant accepts she was emailed the 18 May 2023 eviction order from the Tribunal but that she had not read it and claims Adjudicator Manhire did not inform her during the hearing that day that he was making an eviction order terminating her tenancy at 5pm on 22 May 2023. d. On 30 May 2023, the tenant emailed the landlord again at 6:57pm (outside of the property manager’s business hours) telling him “I cannot move in the time you have chosen to have me out of my house by. I cannot take time off work. If I am able to pay most of the money. Will you refund my bond to me if there is no outstanding money”. e. On 1 June 2024, a bailiff goes to the premise to evict the tenant and an altercation ensues between the tenant’s mother and the property manager. This delays the locks being changed and the landlord taking possession until that evening and the Police becoming involved. f. On Sunday, 4 June 2023 (outside of the property manager’s business hours) the tenant emails the landlord asking to come to the premise to pack and move her belongings that day and the next day. The landlord received this email on Tuesday 6 June 2023 when he returned to work after the long weekend. g. On 6 June 2023, the landlord responded to the tenant’s email request informing her that he has been advised to relocate her belongings to a storage facility and then she can have sufficient time to collect her belongings at a time that suits her. He confirms that she will be responsible for the transportation and storage costs. h. On 7 June 2023, the landlord arranges for the tenant’s belongings to be packed and stored on 12 June 2023 until she can collect it, so that the premise can be prepared to be relet. i. On 8 June 2023, the tenant emails the landlord telling him he has no legal right to enter the premise and remove her belongings. This is legally incorrect. The landlord took possession of the premise on 1 June 2023 and at that time the tenant legally abandoned her belongings and the landlord had to dispose of these belongings in accordance with sections 62 and 62A of the RTA. The evidence shows he acted in accordance with his legal obligations. j. On Saturday 10 June 2023 (outside of the property manager’s business hours), the tenant emailed the landlord stating “I able to save you a cost and time this weekend. I am able to move my things out of my house if I have appropriate access to the property” and “My next rent payment is due on Tuesday. I am happy to pay another week’s rent on Tuesday. If I can rent the house to have access to my belongings to move my things at least. I potentially don’t have to sleep there. As an idea to try to amend the situation”. The landlord did not get this email until he returned to work on Monday. k. On Monday 12 June 2023, the removal truck and crew arrived at the premise to pack, transport and store the tenant’s belongings so she could collect it on a weekend or whenever she chose, and the property manager would not have to have contact with the tenant’s mother who he claims was abusive to him and assaulted him on 1 June 2023 during the eviction process. Neighbours informed the tenant’s mother that the removal crew had arrived, and the tenant’s mother came to the premise and sent the removal crew away. The landlord was billed for the removal crew’s time. l. On 13 June 2023, the landlord called the tenant and informed her she needed to move her belongings on a weekday when someone from the property management company could be there to give her access to the premise and close it up afterwards. m. On 14 June 2023, the tenant emailed the landlord informing it that she did not consent to her belongings being stored, confirmed she wanted to collect her belongings from the premise and that she could collect them that day. n. On 14 June 2023, the landlord responded telling the tenant he has been advised by Tenancy Services and the Police not to have any further direct face to face contact with the tenant because of her mother’s aggressive conduct. He said he was giving her one last opportunity to collect her belongings from the premise during working hours (9:30am and 3:30pm) and that she needed to collect the belongings in these daylight hours for the property management company’s staff members safety. He also confirms the property management company has a trespass notice against the tenant’s mother so she cannot be within 100 metres of the premise, or the Police will be called. He then asks for a day the tenant can arrange movers to remove the belongings. o. On 15 June 2023, contractors had left the premise open and the tenant’s mother entered the property without consent and removed the tenant’s belongings and cleaned the premise. p. On 16 June 2023, the tenant emailed the landlord confirming everything was out of the house as of yesterday and it is clean and empty.
Pursuant to ss62 and 62A of the RTA, the landlord had an obligation to store the tenant’s abandoned belongings for no less than 35 days, because of the market value of them. Packing, transporting, and storing these belongings would have cost the tenant less than the 13 days rent she has been charged for using the premise as a storage facility when she knew the property management company could only grant her access to the premise at times she was at work.
The most cost effective and practical solution would have been for the tenant to have made arrangements with the landlord, during his working days and hours, to have someone pack and move her belongings on her behalf well before 15 June 2023 or for the landlord to have her belongings packed, transported and stored for her at a storage facility where she could easily access them on weekday evenings or weekends.

How much is owed for rent?

The tenant says the tenancy ended on 1 June 2023 and she should not be charged rent beyond that date as she was evicted without notice or warning.
The landlord says he tried to reach agreement with the tenant when she could collect her belongings during the daylight hours on weekdays when someone from the property management company could be there to unlock and lock up. He also expressed concerns about his safety and as such stated a preference for her to collect her belongings on weekends or evenings from a storage facility. He says he considered this a better option as he had been advised by the Police not to come into face-to-face contact with the tenant’s mother again for his safety and the tenant had made it clear she could only collect her belongings on evenings and weekends. In addition, rent arrears would stop accruing for the date the belongings were removed from the premise and storage fees were less expensive than continuing to pay rent to keep the belongings on the premise.
In accordance with s62A of the RTA, when the parties could not agree to a date and time for the tenant to collect her belongings, the landlord sought to store the tenants belongings (for no less than 35 days) because the market value of the belongings was greater than the transportation and storage costs. By storing the tenant’s belongings in a place where she could more quickly and easily access them after hours or on weekends, the landlord was hoping to save the tenant the additional rental costs she was incurring while her belongings were in the premise. The tenant made it clear that she did not consent to her belongings being stored anywhere else but the premise. In withholding her consent, the landlord had to forgo re-renting the property until her belongings were removed. The tenant is therefore estopped from resiling from her responsibility to pay rent for the period 2 to 15 June 2023 while she continued to store her belongings there.
I find the tenancy ended on 15 June 2023, the day the tenant removed all her belongings from the premise and rent is payable by the tenant up to that date.
At the hearing today, the landlord confirmed it will only charge rent to 14 June 2023 and provided rent records which prove the amount owing, as 14 June 2023, was $235.98. This debt includes the bond money, which was used to offset rent arrears on 19 May 2023.
The evidence proves there was no overpayment of rent by the tenant and her bond has been used to offset rent arrears owed at the time she was evicted.
The tenant’s claim for rent overpayment and her bond to be paid to her is dismissed. Reimbursement of filing fee
Section 102(4) of the RTA confirms that the Tribunal must reimburse an applicant that is wholly or substantially successful in his/her/their claims.
Because the landlord has substantially succeeded with its claim, I have reimbursed the filing fee.
The tenant has not been wholly or substantially successful in her claims and her application for reimbursement of her filing fee is dismissed.

Tenancy Tribunal case 4888380 — Rent arrears at Unit/Flat 2, 23B Hillsborough Road, Hillsborough,

At a glance

Tenancy Tribunal case 4888380 — Rent arrears at Unit/Flat 2, 23B Hillsborough Road, Hillsborough,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions