What was the outcome of Tenancy Tribunal case 4968314?

The tribunal order states: Ezekiel Whitehead and Taylor Waller to pay Ian Oliver Caddis and Raylene

How much money was awarded in case 4968314?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $407.14 awarded to landlord

What type of tenancy dispute was case 4968314?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10927612-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4968314?

The tribunal order states: Ezekiel Whitehead and Taylor Waller to pay Ian Oliver Caddis and Raylene

How much money was awarded in case 4968314?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $407.14 awarded to landlord

What type of tenancy dispute was case 4968314?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10927612-Tenancy_Tribunal_Order.pdf.

299B Muritai Road, Eastbourne, Lower Hutt 5013 Tenancy Tribunal Case 4968314 — Rent arrears

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299B Muritai Road, Eastbourne, Lower Hutt 5013 Tenancy Tribunal Case 4968314 — 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 4968314 — net $434.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2023	$407.14	Rent arrears to 10 October 2023
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$434.14
Bond	$1,900.00
Total payable by Tenant to Landlord	$434.14

Claims and awards for application 4968314 — net $434.14 NZD. Verify on MoJ.

Rent arrears to 10 October 2023

Amount: $407.14
Awarded to: Landlord
Reason: Rent arrears to 10 October 2023

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $434.14

Bond

Landlord $1,900.00

Total payable by Tenant to Landlord

Landlord $434.14

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Ezekiel Whitehead and Taylor Waller to pay Ian Oliver Caddis and Raylene Dawn Caddis $434.14 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,900.00 (5757493-004) immediately apportioned as follows: Ian Oliver Caddis and Raylene Dawn Caddis: $434.14 Ezekiel Whitehead and Taylor Waller: $1,465.86
All other claims are dismissed.

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?

The parties signed a fixed term tenancy agreement due to end on 16 December 2023. In July the parties negotiated an early end to the tenancy agreement whereby 9 October would be the last day of the tenancy and the tenants would pay rent to 16 December 2024. It seems the offer was for the rent to December to be paid “up front”.
The tenants moved and returned the keys. They did not pay rent to 16 December 2023. The landlord has claimed rent arrears to the end of the tenancy.
From 9 October the landlord cleaned the house and prepared it for sale. The preparation process included painting and installing new flooring. It seems most likely to me the landlord took possession by their actions. This happens when landlords treat the tenancy as ended and enter the house whenever they like to arrange maintenance or, for example, to prepare the house for sale. Whether the tenancy is for a fixed term is not relevant. Landlords cannot claim rent and take possession.
The landlord’s application states that the tenancy started on 21 December 2022 so I have used this as the start date. I find the tenancy ended on 9 October 2023. The landlord provided rent records and I have calculated the rent owed and the rent paid. The tenants owe 6 days of rent.

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

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The landlord claimed the cost of taking a small amount of rubbish to the tip at the end of the tenancy. This is the landlord’s claim to prove. The landlord said the rubbish contained clothes and mail addressed to one of the tenants. The tenants said the rubbish was not theirs. I have been provided with two photos and both show rubbish has been left outside the house. I do not have any photos showing me the mail. I am not more persuaded by the landlord’s evidence so this claim is not proved. Other orders
I have sent a request for the refund of the bond to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has not asked for suppression. I have not allowed suppression for the tenants because there is public interest in names when tenants owe rent at the end of a tenancy. See 95A RTA.

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 4968314 — net $434.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2023	$407.14	Rent arrears to 10 October 2023
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$434.14
Bond	$1,900.00
Total payable by Tenant to Landlord	$434.14

Claims and awards for application 4968314 — net $434.14 NZD. Verify on MoJ.

Rent arrears to 10 October 2023

Amount: $407.14
Awarded to: Landlord
Reason: Rent arrears to 10 October 2023

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $434.14

Bond

Landlord $1,900.00

Total payable by Tenant to Landlord

Landlord $434.14

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Ezekiel Whitehead and Taylor Waller to pay Ian Oliver Caddis and Raylene Dawn Caddis $434.14 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,900.00 (5757493-004) immediately apportioned as follows: Ian Oliver Caddis and Raylene Dawn Caddis: $434.14 Ezekiel Whitehead and Taylor Waller: $1,465.86
All other claims are dismissed.

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?

The parties signed a fixed term tenancy agreement due to end on 16 December 2023. In July the parties negotiated an early end to the tenancy agreement whereby 9 October would be the last day of the tenancy and the tenants would pay rent to 16 December 2024. It seems the offer was for the rent to December to be paid “up front”.
The tenants moved and returned the keys. They did not pay rent to 16 December 2023. The landlord has claimed rent arrears to the end of the tenancy.
From 9 October the landlord cleaned the house and prepared it for sale. The preparation process included painting and installing new flooring. It seems most likely to me the landlord took possession by their actions. This happens when landlords treat the tenancy as ended and enter the house whenever they like to arrange maintenance or, for example, to prepare the house for sale. Whether the tenancy is for a fixed term is not relevant. Landlords cannot claim rent and take possession.
The landlord’s application states that the tenancy started on 21 December 2022 so I have used this as the start date. I find the tenancy ended on 9 October 2023. The landlord provided rent records and I have calculated the rent owed and the rent paid. The tenants owe 6 days of rent.

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

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The landlord claimed the cost of taking a small amount of rubbish to the tip at the end of the tenancy. This is the landlord’s claim to prove. The landlord said the rubbish contained clothes and mail addressed to one of the tenants. The tenants said the rubbish was not theirs. I have been provided with two photos and both show rubbish has been left outside the house. I do not have any photos showing me the mail. I am not more persuaded by the landlord’s evidence so this claim is not proved. Other orders
I have sent a request for the refund of the bond to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has not asked for suppression. I have not allowed suppression for the tenants because there is public interest in names when tenants owe rent at the end of a tenancy. See 95A RTA.

Tenancy Tribunal case 4968314 — Rent arrears at 299B Muritai Road, Eastbourne, Lower Hutt 5013

At a glance

Tenancy Tribunal case 4968314 — Rent arrears at 299B Muritai Road, Eastbourne, Lower Hutt 5013

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants 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

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions