What was Tenancy Tribunal case 4911375 about?

The tribunal order states: The tenancy of Kelly Willis at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe,

How much money was awarded in case 4911375?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,782.86 awarded to landlord; Hole In Hallway: $655.50 awarded to landlord

What type of tenancy dispute was case 4911375?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4911375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779199-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4911375 about?

The tribunal order states: The tenancy of Kelly Willis at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe,

How much money was awarded in case 4911375?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,782.86 awarded to landlord; Hole In Hallway: $655.50 awarded to landlord

What type of tenancy dispute was case 4911375?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4911375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779199-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe Tenancy Tribunal Case 4911375 — Rent arrears

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Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe Tenancy Tribunal Case 4911375 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4911375 — net $6,418.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/24	$7,782.86	5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: hole in hallway	$655.50	Repairs: hole in hallway
Net award	$6,418.80
Total payable by Tenant to Landlord	$6,418.80

Claims and awards for application 4911375 — net $6,418.80 NZD. Verify on MoJ.

Rent arrears to 2/9/24

Amount: $7,782.86
Awarded to: Landlord
Reason: 5. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: hole in hallway

Amount: $655.50
Awarded to: Landlord
Reason: Repairs: hole in hallway

Net award

Landlord $6,418.80

Total payable by Tenant to Landlord

Landlord $6,418.80

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

The tenancy of Kelly Willis at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kelly Willis must pay [The landlord/s] $6,418.80 immediately, calculated as shown in the table below:
Kelly Willis must collect her remaining belongings from the premise within 48 hours of this order.
Any tenant belongings remaining at the property after midday Wednesday 4 September 2024 may be dealt with by the landlord as follows: a. [The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them. b. The landlord shall dispose of the other goods left at the premises by the tenant by: i. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and ii. disposing of all goods with no saleable value as the landlord sees fit. c. [The landlord/s] must apply the proceeds of any sale, to the debt owed.

Reasons

The landlord attended the hearing represented by [redacted].
Ms Willis did not attend. Four different phone numbers for her were telephoned however none were answered by Ms Willis. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and is well in excess of that now. Accordingly, the tenancy is terminated, effective immediately. See section 55(1)(a) RTA.

How much is owing by the tenant?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered in rent arrears is proven in evidence.
The landlord also claims compensation for having to repair a hole in the wall of the hallway.
To be successful in such a claim, a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The photos establish that the hole occurred during the tenancy and is substantial. Accordingly, I am satisfied that it was intentionally incurred and as such Ms Willis is liable for the repair costs.
Because [The applicant/s] has substantially 1 succeeded with the claim I have reimbursed the filing fee. For this reason, I also approve their application for suppression orders.

What is to happen with the remaining belongings?

Ms Willis has left belongings at the property and is not responding to the landlord’s attempts to contact her. As I have terminated the tenancy, Ms Willis must remove all her remaining belongings within 48 hours.
If she does not, the landlord may dispose of the goods by either sale or rubbish disposal. See sections 62(3)(b), 62B(2) and (3) RTA. If Ms Willis has left any important documents, they are to be delivered to the local Police Station. If proceeds are recovered from any sale, they are to be applied to the outstanding debt. The landlord is entitled to apply to the Tribunal at a later date for compensation for rubbish removal costs.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4911375 — net $6,418.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/24	$7,782.86	5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: hole in hallway	$655.50	Repairs: hole in hallway
Net award	$6,418.80
Total payable by Tenant to Landlord	$6,418.80

Claims and awards for application 4911375 — net $6,418.80 NZD. Verify on MoJ.

Rent arrears to 2/9/24

Amount: $7,782.86
Awarded to: Landlord
Reason: 5. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: hole in hallway

Amount: $655.50
Awarded to: Landlord
Reason: Repairs: hole in hallway

Net award

Landlord $6,418.80

Total payable by Tenant to Landlord

Landlord $6,418.80

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

The tenancy of Kelly Willis at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kelly Willis must pay [The landlord/s] $6,418.80 immediately, calculated as shown in the table below:
Kelly Willis must collect her remaining belongings from the premise within 48 hours of this order.
Any tenant belongings remaining at the property after midday Wednesday 4 September 2024 may be dealt with by the landlord as follows: a. [The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them. b. The landlord shall dispose of the other goods left at the premises by the tenant by: i. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and ii. disposing of all goods with no saleable value as the landlord sees fit. c. [The landlord/s] must apply the proceeds of any sale, to the debt owed.

Reasons

The landlord attended the hearing represented by [redacted].
Ms Willis did not attend. Four different phone numbers for her were telephoned however none were answered by Ms Willis. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and is well in excess of that now. Accordingly, the tenancy is terminated, effective immediately. See section 55(1)(a) RTA.

How much is owing by the tenant?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered in rent arrears is proven in evidence.
The landlord also claims compensation for having to repair a hole in the wall of the hallway.
To be successful in such a claim, a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The photos establish that the hole occurred during the tenancy and is substantial. Accordingly, I am satisfied that it was intentionally incurred and as such Ms Willis is liable for the repair costs.
Because [The applicant/s] has substantially 1 succeeded with the claim I have reimbursed the filing fee. For this reason, I also approve their application for suppression orders.

What is to happen with the remaining belongings?

Ms Willis has left belongings at the property and is not responding to the landlord’s attempts to contact her. As I have terminated the tenancy, Ms Willis must remove all her remaining belongings within 48 hours.
If she does not, the landlord may dispose of the goods by either sale or rubbish disposal. See sections 62(3)(b), 62B(2) and (3) RTA. If Ms Willis has left any important documents, they are to be delivered to the local Police Station. If proceeds are recovered from any sale, they are to be applied to the outstanding debt. The landlord is entitled to apply to the Tribunal at a later date for compensation for rubbish removal costs.

Tenancy Tribunal case 4911375 — Rent arrears at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe

At a glance

Tenancy Tribunal case 4911375 — Rent arrears at Unit/Flat Flat 2, 91 Seddon Street, Pukekohe, Pukekohe

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owing by the tenant?

What is to happen with the remaining belongings?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owing by the tenant?

What is to happen with the remaining belongings?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions