What was Tenancy Tribunal case 5017936 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 5017936?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $730.00 awarded to landlord; Rubbish Removal: $925.75 awarded to landlord

What type of tenancy dispute was case 5017936?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5017936?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11336531-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5017936 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 5017936?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $730.00 awarded to landlord; Rubbish Removal: $925.75 awarded to landlord

What type of tenancy dispute was case 5017936?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5017936?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11336531-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5017936 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5017936 — net $1,682.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$730.00	Rent arrears
Cleaning and contents/rubbish removal	$925.75	Cleaning and contents/rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,682.75
Total payable by Tenant to Landlord	$1,682.75

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlord.

How much is owed for rent?

The tenancy ended on 26 September 2024 after the tenant advised the landlord he had to leave immediately. The rent arrears include rent in-lieu of notice.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The records account for the bond. It reduced the final rent arrears ordered.

I am satisfied the landlord acted promptly in addressing the vacated issues and then readvertising the premises. The next tenancy did not commence until after the in-lieu of notice period.

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.

Given the sudden exit (and reason), it was no surprise the tenant did not leave the premises reasonably clean and tidy and did not remove all possessions and rubbish.

The landlord produced a series of photos that support the invoiced effort of $925.75. As well as cleaning, there were a number of large furniture items of the tenant that required disposal of. The invoice is awarded in full.

The amounts ordered are proved. Filing fee

Because Viaduct City Rentals Limited As Agent For Robert & Elizabeth Short has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that 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.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord did not request suppression in its application. As it has been wholly successful, suppression would have more than likely been ordered if requested. The landlord did make a submission for tenant name suppression. The reasons were a concern for the tenant’s mental health. His health was a cited reason by the tenant for his sudden departure and confirmed by the landlord. Given this, I have determined his interests in this instance outweigh any specific public interest and order suppression of his name and identifying details.

Claims and awards in Tenancy Tribunal application 5017936 — net $1,682.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$730.00	Rent arrears
Cleaning and contents/rubbish removal	$925.75	Cleaning and contents/rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,682.75
Total payable by Tenant to Landlord	$1,682.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Viaduct City Rentals Limited As Agent For Robert & Elizabeth Short $1,682.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been released to the landlord.

How much is owed for rent?

The tenancy ended on 26 September 2024 after the tenant advised the landlord he had to leave immediately. The rent arrears include rent in-lieu of notice.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The records account for the bond. It reduced the final rent arrears ordered.
I am satisfied the landlord acted promptly in addressing the vacated issues and then readvertising the premises. The next tenancy did not commence until after the in-lieu of notice period.

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.
Given the sudden exit (and reason), it was no surprise the tenant did not leave the premises reasonably clean and tidy and did not remove all possessions and rubbish.
The landlord produced a series of photos that support the invoiced effort of $925.75. As well as cleaning, there were a number of large furniture items of the tenant that required disposal of. The invoice is awarded in full.
The amounts ordered are proved. Filing fee
Because Viaduct City Rentals Limited As Agent For Robert & Elizabeth Short has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that 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.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord did not request suppression in its application. As it has been wholly successful, suppression would have more than likely been ordered if requested. The landlord did make a submission for tenant name suppression. The reasons were a concern for the tenant’s mental health. His health was a cited reason by the tenant for his sudden departure and confirmed by the landlord. Given this, I have determined his interests in this instance outweigh any specific public interest and order suppression of his name and identifying details.

Tenancy Tribunal case 5017936 — Rent arrears

At a glance

Tenancy Tribunal case 5017936 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions