What was Tenancy Tribunal case 5018831 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 5018831?

Filing Fee: $27.00 awarded to landlord; Property Damage: $226.00 awarded to landlord; Rent Arrears: $2,714.29 awarded to landlord; Rubbish Removal: $792.35 awarded to landlord

What type of tenancy dispute was case 5018831?

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

Where can I read the official tribunal order for case 5018831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386341-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5018831 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 5018831?

Filing Fee: $27.00 awarded to landlord; Property Damage: $226.00 awarded to landlord; Rent Arrears: $2,714.29 awarded to landlord; Rubbish Removal: $792.35 awarded to landlord

What type of tenancy dispute was case 5018831?

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

Where can I read the official tribunal order for case 5018831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386341-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 6H, 34 Kingston Street, Auckland Central, Tenancy Tribunal Case 5018831 — Rent arrears

Tenantcheck Insights

Unit/Flat Flat 6H, 34 Kingston Street, Auckland Central, Tenancy Tribunal Case 5018831 — 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 5018831 — net $1,959.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.9.24	$2,714.29	Rent arrears to 27.9.24
Lock/key replacement	$226.00	Lock/key replacement
Rubbish removal	$792.35	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,959.64
Total payable by Tenant to Landlord	$1,959.64

Claims and awards for application 5018831 — net $1,959.64 NZD. Verify on MoJ.

Rent arrears to 27.9.24

Amount: $2,714.29
Awarded to: Landlord
Reason: Rent arrears to 27.9.24

Lock/key replacement

Amount: $226.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $792.35
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,959.64

Total payable by Tenant to Landlord

Landlord $1,959.64

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Marcel Matika must pay [The landlord/s] $1,959.64 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend and could not be contacted on the number specified in the application, which was duly served through the e-mail address for service specified by the tenant, or on the number given by the tenant in the agreement.
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 tenant gave 28 days’ notice of termination 5 September 2024. The landlord confirmed that would be effective to end the tenancy on 2 October 2024. For reasons that are not entirely clear the landlord claims rent arrears to 27 September 2024 and has provided a rent summary to that date. As that is the extent of the landlord’s claim it should not be extended without notice to the tenant.
The landlord has provided rent records proving the amount owed to that date.

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.
Photographs provided by the landlord show that the tenant left a large quantity of goods and rubbish at the premises which the landlord had to pay to have removed. The amount is proved by the invoice provided and should be reimbursed.
The tenant did not return the keys. The landlord is entitled to be reimbursed the cost of having the premises re-keyed, which is proved by the locksmith’s invoice provided.
The landlord claims compensation for the cost of replacing some chattels. As this is the landlord’s claim, the landlord must provide evidence to prove the claim, on the balance of probabilities.
The agreement includes a chattels list which proves that the chattels for which the landlord claims compensation were there at the start of the tenancy. The evidence however falls short of proving that those chattels were destroyed or removed during the tenancy. The landlord’s representative was not the property manager who did the final inspection so could not speak to that and he confirms that the final inspection records to not include a contemporaneous note of the items that were found to be missing or damaged.
The claim includes the cost of replacing a microwave which photos show to be in the premises at the end of the tenancy.
Without a more substantial evidential basis I cannot find the claims for replacement of chattels proved.
Because [The applicant/s] has substantially succeeded with the claim I must 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 5018831 — net $1,959.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.9.24	$2,714.29	Rent arrears to 27.9.24
Lock/key replacement	$226.00	Lock/key replacement
Rubbish removal	$792.35	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,959.64
Total payable by Tenant to Landlord	$1,959.64

Claims and awards for application 5018831 — net $1,959.64 NZD. Verify on MoJ.

Rent arrears to 27.9.24

Amount: $2,714.29
Awarded to: Landlord
Reason: Rent arrears to 27.9.24

Lock/key replacement

Amount: $226.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $792.35
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,959.64

Total payable by Tenant to Landlord

Landlord $1,959.64

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Marcel Matika must pay [The landlord/s] $1,959.64 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend and could not be contacted on the number specified in the application, which was duly served through the e-mail address for service specified by the tenant, or on the number given by the tenant in the agreement.
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 tenant gave 28 days’ notice of termination 5 September 2024. The landlord confirmed that would be effective to end the tenancy on 2 October 2024. For reasons that are not entirely clear the landlord claims rent arrears to 27 September 2024 and has provided a rent summary to that date. As that is the extent of the landlord’s claim it should not be extended without notice to the tenant.
The landlord has provided rent records proving the amount owed to that date.

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.
Photographs provided by the landlord show that the tenant left a large quantity of goods and rubbish at the premises which the landlord had to pay to have removed. The amount is proved by the invoice provided and should be reimbursed.
The tenant did not return the keys. The landlord is entitled to be reimbursed the cost of having the premises re-keyed, which is proved by the locksmith’s invoice provided.
The landlord claims compensation for the cost of replacing some chattels. As this is the landlord’s claim, the landlord must provide evidence to prove the claim, on the balance of probabilities.
The agreement includes a chattels list which proves that the chattels for which the landlord claims compensation were there at the start of the tenancy. The evidence however falls short of proving that those chattels were destroyed or removed during the tenancy. The landlord’s representative was not the property manager who did the final inspection so could not speak to that and he confirms that the final inspection records to not include a contemporaneous note of the items that were found to be missing or damaged.
The claim includes the cost of replacing a microwave which photos show to be in the premises at the end of the tenancy.
Without a more substantial evidential basis I cannot find the claims for replacement of chattels proved.
Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5018831 — Rent arrears at Unit/Flat Flat 6H, 34 Kingston Street, Auckland Central,

At a glance

Tenancy Tribunal case 5018831 — Rent arrears at Unit/Flat Flat 6H, 34 Kingston Street, Auckland Central,

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