What was Tenancy Tribunal case 5005268 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5005268?

Eviction: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $3,650.00 awarded to landlord; Water Rates: $137.06 awarded to landlord

What type of tenancy dispute was case 5005268?

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

Where can I read the official tribunal order for case 5005268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112807-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5005268 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5005268?

Eviction: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $3,650.00 awarded to landlord; Water Rates: $137.06 awarded to landlord

What type of tenancy dispute was case 5005268?

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

Where can I read the official tribunal order for case 5005268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112807-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5005268 — Rent arrears

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New Zealand Tenancy Tribunal Case 5005268 — 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 5005268 — net $2,042.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 Aug 2024	$3,650.00	Rent arrears to 16 Aug 2024
Lock/key replacement	$130.00	Lock/key replacement
Eviction	$258.00	Eviction
Water rates to 13 Jun 2024	$137.06	Water rates to 13 Jun 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,042.06
Total payable by Tenant to Landlord	$2,042.06

Claims and awards for application 5005268 — net $2,042.06 NZD. Verify on MoJ.

Rent arrears to 16 Aug 2024

Amount: $3,650.00
Awarded to: Landlord
Reason: Rent arrears to 16 Aug 2024

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Eviction

Amount: $258.00
Awarded to: Landlord
Reason: Eviction

Water rates to 13 Jun 2024

Amount: $137.06
Awarded to: Landlord
Reason: Water rates to 13 Jun 2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Col McEwen must pay [The landlord/s] $2,145.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Mr McEwen attended in person. Ms Gilchrist, the property manager, also attended in-person and the landlord appeared via phone.
The tenancy was the subject of a possession order made by the Tenancy Tribunal on 5 June 2024. The order granted the landlord possession as at 3 July 2024. 1 The parties agreed the tenancy came to an end on 16 August 2024 when the bailiff attended the premises to enforce the possession order.
Having regained possession of the premises, the landlord has applied to the Tenancy Tribunal seeking the following: a. Rent arrears to 16 August 2024; b. Water rates to 13 June 2024; c. Compensation for: i. Replacement of locks; ii. Bailiff eviction fees; iii. Property management eviction fees; and iv. Cleaning.
The landlord sought refund of the bond in partial payment of the above claims, and also reimbursement of the filing fee.
In a cross-application, the tenant sought refund of the bond and reimbursement of the filing fee and also raised other general grievances.
At the hearing, the landlord confirmed compensation was no longer sought for property management eviction fees and cleaning. I therefore dismiss those two claims.

How much is owed for rent and water rates?

The tenancy ended on 16 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant initially indicated he challenged the amount sought in rent arrears.
The tenant produced a copy of his bank transaction records. The transactions recorded in the tenant’s bank transaction record are also recorded in the landlord’s record of arrears. 1 [2024] NZTT 4826617.
The tenant has not demonstrated any error in the landlord’s record of rent arrears, and I therefore accept the landlord’s record are accurate. I award the amount sought in rent arrears to 16 August 2024.
The landlord sought $167.48 in water rates. The landlord provided a breakdown of four Watercare bills which had been on-charged to the tenant. The breakdown was prepared by the property manager, Ms Gilchrist. The landlord also filed copies of the four relevant Watercare invoices.
The landlord’s breakdown referred to an additional charge to the tenant of $30.42 for “Other Amounts Still Owing.” No evidence to support that charge was provided and Ms Gilchrist was unable to clarify what that charge related to.
The landlord has provided records which prove $137.06 was owing in water rates, and I award that amount.

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 did not return all of the keys. The landlord stated two keys were supplied at the start of the tenancy. The landlord stated that, following the end of the tenancy, he needed to replace the locks for the security of the new tenants moving in after Mr McEwan. The landlord filed an invoice from a locksmith for $260 who attended the premises on 16 August 2024.
Mr McEwen confirmed he received two keys when he moved into the property in 2016 but said he gave one of the keys to his son, who lost it. Mr McEwan says he left the remaining key in the letterbox on 16 August 2024 when he vacated the property. Ms Gilchrist confirmed she retrieved one key from the letterbox on 16 August 2024.
I am satisfied Mr McEwen returned one key but failed to return the second. Having returned one key, the landlord was able to gain access to the premises, but I accept that the locks needed to be changed to provide security to new tenants.
I award the landlord half the costs incurred in changing the locks. While the landlord was not prevented from accessing the property at the end of the tenancy, I accept the locks did need to be changed as all keys had not been returned.
The amounts ordered are proved.

Is the tenant responsible for the eviction costs?

The landlord filed an invoice from the Ministry of Justice for $258 for the costs of enforcing the eviction warrant.
I accept that cost was incurred by the landlord as a direct result of the tenant failing to vacate the premises in accordance with the possession order made 5 June 2024. 2
The amounts ordered are proved.

Should either party be reimbursed the filing fee?

Given the landlord has substantially succeeded with their claim the tenant must reimburse the landlord’s filing fee.
The tenant did not succeed in their claims and I therefore do not order reimbursement of the tenant’s filing fee.

Should the landlord be granted name suppression?

In their application form, the landlord sought suppression.
Pursuant to s95A(1) of the Act, 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.
At the hearing, the landlord confirmed they sought suppression of their name and the tenancy address. As the landlord was substantially successful in the proceedings, I make the order for suppression.

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 5005268 — net $2,042.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 Aug 2024	$3,650.00	Rent arrears to 16 Aug 2024
Lock/key replacement	$130.00	Lock/key replacement
Eviction	$258.00	Eviction
Water rates to 13 Jun 2024	$137.06	Water rates to 13 Jun 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,042.06
Total payable by Tenant to Landlord	$2,042.06

Claims and awards for application 5005268 — net $2,042.06 NZD. Verify on MoJ.

Rent arrears to 16 Aug 2024

Amount: $3,650.00
Awarded to: Landlord
Reason: Rent arrears to 16 Aug 2024

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Eviction

Amount: $258.00
Awarded to: Landlord
Reason: Eviction

Water rates to 13 Jun 2024

Amount: $137.06
Awarded to: Landlord
Reason: Water rates to 13 Jun 2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Col McEwen must pay [The landlord/s] $2,145.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Mr McEwen attended in person. Ms Gilchrist, the property manager, also attended in-person and the landlord appeared via phone.
The tenancy was the subject of a possession order made by the Tenancy Tribunal on 5 June 2024. The order granted the landlord possession as at 3 July 2024. 1 The parties agreed the tenancy came to an end on 16 August 2024 when the bailiff attended the premises to enforce the possession order.
Having regained possession of the premises, the landlord has applied to the Tenancy Tribunal seeking the following: a. Rent arrears to 16 August 2024; b. Water rates to 13 June 2024; c. Compensation for: i. Replacement of locks; ii. Bailiff eviction fees; iii. Property management eviction fees; and iv. Cleaning.
The landlord sought refund of the bond in partial payment of the above claims, and also reimbursement of the filing fee.
In a cross-application, the tenant sought refund of the bond and reimbursement of the filing fee and also raised other general grievances.
At the hearing, the landlord confirmed compensation was no longer sought for property management eviction fees and cleaning. I therefore dismiss those two claims.

How much is owed for rent and water rates?

The tenancy ended on 16 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant initially indicated he challenged the amount sought in rent arrears.
The tenant produced a copy of his bank transaction records. The transactions recorded in the tenant’s bank transaction record are also recorded in the landlord’s record of arrears. 1 [2024] NZTT 4826617.
The tenant has not demonstrated any error in the landlord’s record of rent arrears, and I therefore accept the landlord’s record are accurate. I award the amount sought in rent arrears to 16 August 2024.
The landlord sought $167.48 in water rates. The landlord provided a breakdown of four Watercare bills which had been on-charged to the tenant. The breakdown was prepared by the property manager, Ms Gilchrist. The landlord also filed copies of the four relevant Watercare invoices.
The landlord’s breakdown referred to an additional charge to the tenant of $30.42 for “Other Amounts Still Owing.” No evidence to support that charge was provided and Ms Gilchrist was unable to clarify what that charge related to.
The landlord has provided records which prove $137.06 was owing in water rates, and I award that amount.

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 did not return all of the keys. The landlord stated two keys were supplied at the start of the tenancy. The landlord stated that, following the end of the tenancy, he needed to replace the locks for the security of the new tenants moving in after Mr McEwan. The landlord filed an invoice from a locksmith for $260 who attended the premises on 16 August 2024.
Mr McEwen confirmed he received two keys when he moved into the property in 2016 but said he gave one of the keys to his son, who lost it. Mr McEwan says he left the remaining key in the letterbox on 16 August 2024 when he vacated the property. Ms Gilchrist confirmed she retrieved one key from the letterbox on 16 August 2024.
I am satisfied Mr McEwen returned one key but failed to return the second. Having returned one key, the landlord was able to gain access to the premises, but I accept that the locks needed to be changed to provide security to new tenants.
I award the landlord half the costs incurred in changing the locks. While the landlord was not prevented from accessing the property at the end of the tenancy, I accept the locks did need to be changed as all keys had not been returned.
The amounts ordered are proved.

Is the tenant responsible for the eviction costs?

The landlord filed an invoice from the Ministry of Justice for $258 for the costs of enforcing the eviction warrant.
I accept that cost was incurred by the landlord as a direct result of the tenant failing to vacate the premises in accordance with the possession order made 5 June 2024. 2
The amounts ordered are proved.

Should either party be reimbursed the filing fee?

Given the landlord has substantially succeeded with their claim the tenant must reimburse the landlord’s filing fee.
The tenant did not succeed in their claims and I therefore do not order reimbursement of the tenant’s filing fee.

Should the landlord be granted name suppression?

In their application form, the landlord sought suppression.
Pursuant to s95A(1) of the Act, 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.
At the hearing, the landlord confirmed they sought suppression of their name and the tenancy address. As the landlord was substantially successful in the proceedings, I make the order for suppression.

Tenancy Tribunal case 5005268 — Rent arrears

At a glance

Tenancy Tribunal case 5005268 — 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?

Is the tenant responsible for the eviction costs?

Should either party be reimbursed the filing fee?

Should the landlord be granted name suppression?

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?

Is the tenant responsible for the eviction costs?

Should either party be reimbursed the filing fee?

Should the landlord be granted name suppression?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions