What was the outcome of Tenancy Tribunal case 5017945?

The tribunal order states: The Bond Centre is to release the full bond to Tremain Rentals Rotorua Limited.

How much money was awarded in case 5017945?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5017945?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5017945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11026807-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5017945?

The tribunal order states: The Bond Centre is to release the full bond to Tremain Rentals Rotorua Limited.

How much money was awarded in case 5017945?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5017945?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5017945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11026807-Tenancy_Tribunal_Order.pdf.

25 Sunrise Avenue, Owhata, Rotorua 3010 Tenancy Tribunal Case 5017945 — Rent arrears

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Reasons

The Landlord attended the hearing. The Tenant is deceased.

The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. DescriptionLandlord Rent arrears to 15 July 2024$685.71 Lawns, grounds, and carpet cleaning$410.00 Filing fee$27.00 Total award$1,122.71 Less bond$1,085.56 Shortfall$37.15

Can the Tribunal hear the application and make an order?

In Kipa v Housing New Zealand, 1 the Court held that a tenancy automatically terminates upon the tenant’s death, noting that “...there is no provision in law granting succession of tenancies,” for family members to continue residence. 2

This aligns with s 50(1)(ab) of the Residential Tenancies Act (RTA), which provides that a tenancy may terminate “...on the death of a sole tenant under a tenancy agreement,” in accordance with s 50A. Consequently, without express agreement for succession, the tenancy ends by law when a tenant dies.

Under s 2 of the RTA, a “tenant” includes the deceased tenant’s personal representative, enabling them to manage final tenancy obligations. This limited role, as noted in Kipa, is “...purely for administrative purposes and only until the tenanted property is made ready for vacancy and handing over.” 3

However, if no representative steps forward, s 50(1)(f) allows the Tribunal to terminate the tenancy, providing the Landlord with redress via. bond and possession claims. Additionally, s 22 of the RTA provides a bond release procedure, enabling a swift resolution and allowing the Landlord to regain possession when family members are unresponsive. If the Bond Centre refuses to issue the bond, the Tribunal can determine the matter.

The Landlord explains that they were working with the Landlord’s son to release the bond, but after they informed him of their claim to the bond monies, which were almost the amount of the entire bond monies, he ceased engaging with them.

Accordingly, the Tribunal can hear this application and make an appropriate order requiring Bond Services to pay the bond to any party, in this case the Landlord, if they succeed in their claim.

How much is owed for rent?

The tenancy ended on 15 July 2024. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $685.71

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: s 40(1)(e)(ii)-(v) RTA. 1 Kipa v Housing New Zealand [2006] RTHNZ 6. 2 Ibid. at para 9. 3 Ibid.

The tenant did not leave the premises reasonably clean and tidy. The carpet was soiled and required cleaning and the lawns and grounds were unkempt.

The cost to the Landlord of attending to these issues was $410.00 and I approve this amount.

Because the Landlord has succeeded with their claim, I reimburse their filing feel.

Reasons

The Landlord attended the hearing. The Tenant is deceased.

Can the Tribunal hear the application and make an order?

Accordingly, the Tribunal can hear this application and make an appropriate order requiring Bond Services to pay the bond to any party, in this case the Landlord, if they succeed in their claim.

How much is owed for rent?

The tenancy ended on 15 July 2024. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $685.71

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

The tenant did not leave the premises reasonably clean and tidy. The carpet was soiled and required cleaning and the lawns and grounds were unkempt.

The cost to the Landlord of attending to these issues was $410.00 and I approve this amount.

Because the Landlord has succeeded with their claim, I reimburse their filing feel.

Tenancy Tribunal case 5017945 — Rent arrears at 25 Sunrise Avenue, Owhata, Rotorua 3010

Tenancy Tribunal case 5017945 — Rent arrears at 25 Sunrise Avenue, Owhata, Rotorua 3010

Order

Reasons

Can the Tribunal hear the application and make an order?

How much is owed for rent?

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

Property management

Order

Reasons

Can the Tribunal hear the application and make an order?

How much is owed for rent?

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

Property management