What was Tenancy Tribunal case 4973573 about?

The tribunal order states: The Tribunal orders continued suppression of the parties’ names and identifying

How much money was awarded in case 4973573?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $217.42 awarded to landlord

What type of tenancy dispute was case 4973573?

The dispute type was not classified.

Where can I read the official tribunal order for case 4973573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11475028-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4973573 about?

The tribunal order states: The Tribunal orders continued suppression of the parties’ names and identifying

How much money was awarded in case 4973573?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $217.42 awarded to landlord

What type of tenancy dispute was case 4973573?

The dispute type was not classified.

Where can I read the official tribunal order for case 4973573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11475028-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4973573 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4973573 — Tenancy dispute | 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 4973573 — net $244.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$217.42	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$244.42
Total payable by Tenant to Landlord	$244.42

Claims and awards for application 4973573 — net $244.42 NZD. Verify on MoJ.

Rubbish removal

Amount: $217.42
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $244.42

Total payable by Tenant to Landlord

Landlord $244.42

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

The Tribunal orders continued suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $244.42 immediately, calculated as shown in the table below.
The landlord’s other applications are dismissed.

Reasons

The landlord and [the landlord/s partner] attended the hearing.
The tenant did not attend but provided submissions.
As with previous applications, this application names [The landlord/s] as the landlords with [the tenant/s] as tenants. As noted in previous Orders, the landlord and tenant are the only parties to the tenancy agreement. Background
Cross applications between the parties were determined by an Order of the Tribunal dated 5 April 2024.
The landlord applied for a rehearing of that Order. A teleconference hearing which the parties attended, was held to determine whether a rehearing should be granted. In an Order dated 11 July 2024 the landlord’s application for a rehearing was declined, for the reasons set out in that Order.
The landlord now brings this application which in almost all respects is a resubmission of the claims determined in the 5 April 2024 Order.
As explained to the landlord at the hearing, if claims have been determined and are the subject of an existing Tribunal Order, they cannot be considered again just because a new application has been filed.
I must therefore dismiss the claims that have already been considered and determined by the 5 April 2024 Order. That includes all the landlord’s claims for damage and cleaning costs.
This application includes a claim that the tenant breached a termination agreement by moving out without giving 21 days’ notice. The finding in the 5 April 2024 Order was that the tenancy had been terminated, unlawfully, by notice from the landlord.
That is an existing finding that is inconsistent with the landlord’s claim, which must therefore be dismissed.
Included in this application is a claim for compensation for the cost of purchasing a flexibin and having it collected, to remove rubbish left by the tenant. I questioned the landlord about the need for such a large bin to have been arranged, given the quantity of rubbish left as shown in the photos. The landlord has given evidence that the bin was only used for rubbish left by the tenant and the weight of the rubbish, which included a car door, as well as the bulk of it, meant that a large bin was needed.
I find it proved on balance that the tenant breached his obligation under s.40(1)(d) to remove all rubbish from the premises on termination of the tenancy and that the sums claimed represent the loss caused to the landlord by that breach, as proved by the invoices provided.
Because [The landlord/s] has had a claim upheld claim I reimburse the filing fee.

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 4973573 — net $244.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$217.42	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$244.42
Total payable by Tenant to Landlord	$244.42

Claims and awards for application 4973573 — net $244.42 NZD. Verify on MoJ.

Rubbish removal

Amount: $217.42
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $244.42

Total payable by Tenant to Landlord

Landlord $244.42

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

The Tribunal orders continued suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $244.42 immediately, calculated as shown in the table below.
The landlord’s other applications are dismissed.

Reasons

The landlord and [the landlord/s partner] attended the hearing.
The tenant did not attend but provided submissions.
As with previous applications, this application names [The landlord/s] as the landlords with [the tenant/s] as tenants. As noted in previous Orders, the landlord and tenant are the only parties to the tenancy agreement. Background
Cross applications between the parties were determined by an Order of the Tribunal dated 5 April 2024.
The landlord applied for a rehearing of that Order. A teleconference hearing which the parties attended, was held to determine whether a rehearing should be granted. In an Order dated 11 July 2024 the landlord’s application for a rehearing was declined, for the reasons set out in that Order.
The landlord now brings this application which in almost all respects is a resubmission of the claims determined in the 5 April 2024 Order.
As explained to the landlord at the hearing, if claims have been determined and are the subject of an existing Tribunal Order, they cannot be considered again just because a new application has been filed.
I must therefore dismiss the claims that have already been considered and determined by the 5 April 2024 Order. That includes all the landlord’s claims for damage and cleaning costs.
This application includes a claim that the tenant breached a termination agreement by moving out without giving 21 days’ notice. The finding in the 5 April 2024 Order was that the tenancy had been terminated, unlawfully, by notice from the landlord.
That is an existing finding that is inconsistent with the landlord’s claim, which must therefore be dismissed.
Included in this application is a claim for compensation for the cost of purchasing a flexibin and having it collected, to remove rubbish left by the tenant. I questioned the landlord about the need for such a large bin to have been arranged, given the quantity of rubbish left as shown in the photos. The landlord has given evidence that the bin was only used for rubbish left by the tenant and the weight of the rubbish, which included a car door, as well as the bulk of it, meant that a large bin was needed.
I find it proved on balance that the tenant breached his obligation under s.40(1)(d) to remove all rubbish from the premises on termination of the tenancy and that the sums claimed represent the loss caused to the landlord by that breach, as proved by the invoices provided.
Because [The landlord/s] has had a claim upheld claim I reimburse the filing fee.

Tenancy Tribunal case 4973573 — Tenancy dispute

At a glance

Tenancy Tribunal case 4973573 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions