What was the outcome of Tenancy Tribunal case 4890924?

The tribunal order states: Abdulrahman Sadd Alqahtani must pay Viaduct City Rentals Limited As Agent

How much money was awarded in case 4890924?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,622.86 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4890924?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701509-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4890924?

The tribunal order states: Abdulrahman Sadd Alqahtani must pay Viaduct City Rentals Limited As Agent

How much money was awarded in case 4890924?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,622.86 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4890924?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701509-Tenancy_Tribunal_Order.pdf.

Room 4, Unit/Flat 5B, 33 Mount Street, Auckland Central, Tenancy Tribunal Case 4890924 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4890924 — net $1,643.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.6.2024	$2,622.86	Rent arrears to 25.6.2024
Rubbish removal	$80.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,643.30
Total payable by Tenant to Landlord	$1,643.30

Ms Juma attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, the last three digits being 718, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

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

How much is owed for rent?

The landlord said that, after providing notice to the tenant, they conducted a visit to the property on 17 May 2024, at which time they noticed that most of the tenant’s belongings had gone. The property manager then received an email from the tenant, dated 17 May 2024, saying he had left New Zealand to return to India, that the landlord could have the property back and that he had left the keys in the apartment for the landlord. The property manager said the tenant had discussed the possibility of leaving the fixed-term tenancy early but had not actually provided any notice of termination of the tenancy to the landlord.

The landlord said they obtained possession of the property on 17 May 2024. This was a fixed-term tenancy that was to go until 11 July 2024.

A tenant who abandons the premises is liable to pay rent, in the case of a fixed- term tenancy, up to the earlier of the date of the expiry of the term or the date of commencement of a new tenancy of the premises. See section 61(3)(b) Residential Tenancies Act 1986 (“RTA”).

The property manager said the property has not yet been tenanted since this tenant left. However, the landlord only claimed rent arrears up to 25 June 2024.

The landlord provided rent records which showed the amount owing in rent to 25 June 2024, which is $2,622.86. Therefore, the tenant owes the landlord $2,622.86 in rent to 25 June 2024.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, as he did not remove all rubbish.

The landlord provided one photograph of the rubbish left by the tenant at the end of the tenancy. The photograph showed two old chairs, some bedding and a couple of small boxes. The property manager clarified that the company who attended to remove rubbish had also removed some items that belonged to the owner, at the owner’s request, at the same time as removing the tenant’s rubbish. The property manager explained that the two old chairs in the photograph provided belonged to the owner, not the tenant, and that it was only the bedding and small boxes that had belonged to the tenant that had to be removed.

The landlord provided an invoice for rubbish removal for $164.00, to remove the tenant’s belongings. The property manager said a separate invoice had been provided for removal of the owner’s belongings at the time. She clarified she was present at the time and estimated it took them around 45 minutes to remove the items. The invoice claimed for one hour @ $142.61 (excluding GST). The property manager said she was told that $142.61, excluding GST, was the company’s basic call-out fee. Given the very small amount of rubbish belonging to the tenant that had to be removed – only some bedding and a couple of small boxes, I find the amount claimed to be excessive. I note the rubbish removal company also removed items for the owner at the same time and so should only have charged one call-out fee in any event, for both removal processes for owner and tenant. In the circumstances, and given the evidence of the very small amount of rubbish to be removed belonging to the tenant, I find an amount of $80.00 to be more reasonable. Therefore, I award the landlord $80.00 for removing the tenant’s rubbish. Refund of the bond

The Bond Centre is to pay the bond of $1,080.00 (6438143-007) to Viaduct City Rentals Limited As Agent For Sandy Cameron immediately. Filing fee

Because Viaduct City Rentals Limited As Agent For Sandy Cameron has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4890924 — net $1,643.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.6.2024	$2,622.86	Rent arrears to 25.6.2024
Rubbish removal	$80.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,643.30
Total payable by Tenant to Landlord	$1,643.30

Order

Abdulrahman Sadd Alqahtani must pay Viaduct City Rentals Limited As Agent For Sandy Cameron $1,643.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,080.00 (6438143-007) to Viaduct City Rentals Limited As Agent For Sandy Cameron immediately.

Reasons

Ms Juma attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, the last three digits being 718, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord said that, after providing notice to the tenant, they conducted a visit to the property on 17 May 2024, at which time they noticed that most of the tenant’s belongings had gone. The property manager then received an email from the tenant, dated 17 May 2024, saying he had left New Zealand to return to India, that the landlord could have the property back and that he had left the keys in the apartment for the landlord. The property manager said the tenant had discussed the possibility of leaving the fixed-term tenancy early but had not actually provided any notice of termination of the tenancy to the landlord.
The landlord said they obtained possession of the property on 17 May 2024. This was a fixed-term tenancy that was to go until 11 July 2024.
A tenant who abandons the premises is liable to pay rent, in the case of a fixed- term tenancy, up to the earlier of the date of the expiry of the term or the date of commencement of a new tenancy of the premises. See section 61(3)(b) Residential Tenancies Act 1986 (“RTA”).
The property manager said the property has not yet been tenanted since this tenant left. However, the landlord only claimed rent arrears up to 25 June 2024.
The landlord provided rent records which showed the amount owing in rent to 25 June 2024, which is $2,622.86. Therefore, the tenant owes the landlord $2,622.86 in rent to 25 June 2024.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, as he did not remove all rubbish.
The landlord provided one photograph of the rubbish left by the tenant at the end of the tenancy. The photograph showed two old chairs, some bedding and a couple of small boxes. The property manager clarified that the company who attended to remove rubbish had also removed some items that belonged to the owner, at the owner’s request, at the same time as removing the tenant’s rubbish. The property manager explained that the two old chairs in the photograph provided belonged to the owner, not the tenant, and that it was only the bedding and small boxes that had belonged to the tenant that had to be removed.
The landlord provided an invoice for rubbish removal for $164.00, to remove the tenant’s belongings. The property manager said a separate invoice had been provided for removal of the owner’s belongings at the time. She clarified she was present at the time and estimated it took them around 45 minutes to remove the items. The invoice claimed for one hour @ $142.61 (excluding GST). The property manager said she was told that $142.61, excluding GST, was the company’s basic call-out fee. Given the very small amount of rubbish belonging to the tenant that had to be removed – only some bedding and a couple of small boxes, I find the amount claimed to be excessive. I note the rubbish removal company also removed items for the owner at the same time and so should only have charged one call-out fee in any event, for both removal processes for owner and tenant. In the circumstances, and given the evidence of the very small amount of rubbish to be removed belonging to the tenant, I find an amount of $80.00 to be more reasonable. Therefore, I award the landlord $80.00 for removing the tenant’s rubbish. Refund of the bond
The Bond Centre is to pay the bond of $1,080.00 (6438143-007) to Viaduct City Rentals Limited As Agent For Sandy Cameron immediately. Filing fee
Because Viaduct City Rentals Limited As Agent For Sandy Cameron has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4890924 — Rent arrears at Room 4, Unit/Flat 5B, 33 Mount Street, Auckland Central,

At a glance

Tenancy Tribunal case 4890924 — Rent arrears at Room 4, Unit/Flat 5B, 33 Mount Street, Auckland Central,

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