What was Tenancy Tribunal case 4900296 about?

The tribunal order states: Raj Patel and Jyoti Patel to pay [The landlord] $1,139.74 from the bond,

How much money was awarded in case 4900296?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $749.29 awarded to landlord; Rubbish Removal: $95.83 awarded to landlord; Water Rates: $274.18 awarded to landlord

What type of tenancy dispute was case 4900296?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10665745-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4900296 about?

The tribunal order states: Raj Patel and Jyoti Patel to pay [The landlord] $1,139.74 from the bond,

How much money was awarded in case 4900296?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $749.29 awarded to landlord; Rubbish Removal: $95.83 awarded to landlord; Water Rates: $274.18 awarded to landlord

What type of tenancy dispute was case 4900296?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10665745-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4900296 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4900296 — net $1,139.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 May 2024	$749.29	Rent arrears (to 3 May 2024
Water rates: (19/03/24 to 03/05/24	$274.18	Water rates: (19/03/24 to 03/05/24
Rubbish removal: (one third contribution to rubbish removal	$95.83	Rubbish removal: (one third contribution to rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,139.74
Bond	$1,350.00
Total payable by Tenant to Landlord	$1,139.74

Raj Patel and Jyoti Patel to pay [The landlord] $1,139.74 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,350.00 ([Bond number suppressed]) immediately apportioned as follows: Aspire Property Services Limited: $1,139.74 Raj Patel and Jyoti Patel: $210.26

Reasons

Both parties attended the hearing.

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 and water rates?

The tenancy ended on 3 May 2024. The landlord provided rent records and water rates invoices 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not remove all rubbish. There was some issue with rubbish that had been left at the premise when the tenancy began that the neither the tenant or the landlord had disposed of during the tenancy.

The property managers did not have any photographs of the entry inspection as they took up the management of this property in January 2019 when the tenancy had begun in November 2014. Further, the tenant says he disposed of the swing set in a neighbours skip bin and someone had taken in it and when they decided they didn’t want it, they placed it back in the premises. The tenant says he has videos and photographs of the day he moved out that show the swing set was not on the premises and he can get written statements from 4 persons that were witness to him getting permission from the neighbours to dispose of the swing set in their skip and disposing of it that way.

The tenant says he went back to the house to get the rubbish that he is being charged for, but the house was locked. The landlord says it would have unlocked the house to allow him to remove this rubbish had he notified them of the date and time he was planning to come to the house.

After a tenant has moved out there is no obligation for the landlord to grant them access to the house to do anything to mitigate losses for things such as rubbish removal costs.

I accept the tenant’s evidence that it was essentially a TV box that he left at the property that needed to be disposed of. I award one third of the rubbish removal cots for the items he can be held responsible for.

The amounts ordered are proved. Reimbursement of the filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

The landlord applies for non-publication of its name and identifying details.

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.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4900296 — net $1,139.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 3 May 2024	$749.29	Rent arrears (to 3 May 2024
Water rates: (19/03/24 to 03/05/24	$274.18	Water rates: (19/03/24 to 03/05/24
Rubbish removal: (one third contribution to rubbish removal	$95.83	Rubbish removal: (one third contribution to rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,139.74
Bond	$1,350.00
Total payable by Tenant to Landlord	$1,139.74

Order

Raj Patel and Jyoti Patel to pay [The landlord] $1,139.74 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,350.00 ([Bond number suppressed]) immediately apportioned as follows: Aspire Property Services Limited: $1,139.74 Raj Patel and Jyoti Patel: $210.26

Reasons

Both parties attended the hearing.
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 and water rates?

The tenancy ended on 3 May 2024. The landlord provided rent records and water rates invoices 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not remove all rubbish. There was some issue with rubbish that had been left at the premise when the tenancy began that the neither the tenant or the landlord had disposed of during the tenancy.
The property managers did not have any photographs of the entry inspection as they took up the management of this property in January 2019 when the tenancy had begun in November 2014. Further, the tenant says he disposed of the swing set in a neighbours skip bin and someone had taken in it and when they decided they didn’t want it, they placed it back in the premises. The tenant says he has videos and photographs of the day he moved out that show the swing set was not on the premises and he can get written statements from 4 persons that were witness to him getting permission from the neighbours to dispose of the swing set in their skip and disposing of it that way.
The tenant says he went back to the house to get the rubbish that he is being charged for, but the house was locked. The landlord says it would have unlocked the house to allow him to remove this rubbish had he notified them of the date and time he was planning to come to the house.
After a tenant has moved out there is no obligation for the landlord to grant them access to the house to do anything to mitigate losses for things such as rubbish removal costs.
I accept the tenant’s evidence that it was essentially a TV box that he left at the property that needed to be disposed of. I award one third of the rubbish removal cots for the items he can be held responsible for.
The amounts ordered are proved. Reimbursement of the filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
The landlord applies for non-publication of its name and identifying details.
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.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4900296 — Rent arrears

At a glance

Tenancy Tribunal case 4900296 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions