What was the outcome of Tenancy Tribunal case 5053128?

The tribunal order states: Katrina-Lee Sinclair must pay Quality Rental Management Limited $1,882.32

How much money was awarded in case 5053128?

Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $530.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Rent Arrears: $2,033.57 awarded to landlord; Rubbish Removal: $764.75 awarded to landlord

What type of tenancy dispute was case 5053128?

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

Where can I read the official tribunal order for case 5053128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11749766-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5053128?

The tribunal order states: Katrina-Lee Sinclair must pay Quality Rental Management Limited $1,882.32

How much money was awarded in case 5053128?

Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $530.00 awarded to landlord; Property Damage: $420.00 awarded to landlord; Rent Arrears: $2,033.57 awarded to landlord; Rubbish Removal: $764.75 awarded to landlord

What type of tenancy dispute was case 5053128?

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

Where can I read the official tribunal order for case 5053128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11749766-Tenancy_Tribunal_Order.pdf.

119A Forest Lake Road, Forest Lake, Hamilton 3200 Tenancy Tribunal Case 5053128 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5053128 — net $1,882.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2024 and incorporating rent arrears ordered in Mediated Order 4814300	$2,033.57	Rent arrears to 5 September 2024 and incorporating rent arrears ordered in Mediated Order 4814300
Previous order for filing fee reimbursement application 4813400 dated	$27.00	Previous order for filing fee reimbursement application 4813400 dated
Rubbish removal	$764.75	Rubbish removal
Lawns and Garden work	$530.00	Lawns and Garden work
Lock/key replacement	$420.00	Lock/key replacement
Filing fee reimbursement	$27.00	Previous order for filing fee reimbursement application 4813400 dated
Net award	$1,882.32
Total payable by Tenant to Landlord	$1,882.32

Mrs Harrison and Mrs Marsters, for the landlord, and Ms Sinclair, tenant, attended the hearing which was held in-person on 20 February 2025.

The tenancy commenced on 20 March 2021. The tenancy ended on 5 September 2024 as a result of the tenant breaching a mediated order (application 4813400) to pay rent arrears. The landlord obtained a warrant to evict the tenant following the tenancy terminating. Was the tenant served with notice of the hearing and claim? Should the matter be adjourned for a counter claim to be filed?

The tenant said that she had only just seen the documents sent to her by email about the claim and hearing. However the file records show she was first emailed the claim and the landlord’s evidence on 5 November 2024, prior to a mediation being scheduled for this claim. The mediation did not go ahead. The tenant was again emailed a copy of the claim and the landlord’s evidence, along with details of the hearing, on 11 February 2024 when the matter was scheduled for a Tenancy Tribunal hearing. Since then a number of SMS messages were sent to the tenant reminding her about the hearing.

The tenant’s email address is included on the tenancy agreement as an address for service. The tenant has been properly served under the Residential Tenancies Act 1986 (RTA) and has had adequate notice of the claim and the hearing.

The tenant explained she was the victim of an assault, unrelated to the tenancy, and found it difficult to focus on anything else as a result. She says she wanted to file a counter claim but has not yet prepared her claim.

In relation to the counter claim, the tenant asked to be given three weeks to file her counter claim. I considered this was a reasonable time frame and the matter was adjourned for the tenant to file her claim. I advised the tenant at the hearing that if she did not file her claim by 5.00pm on Friday 14 March 2025 I would issue a decision on the tenant’s claim, which was fully heard at the hearing. To date, which is well past the date given to the tenant to file her claim, a counter claim has not been filed and I now issue a decision on the landlord’s claim.

As explained at the hearing this does not prevent the tenant from filing a claim, however I have not considered any matter raised by the tenant at the hearing that I understood to be part of her claim in making this decision. The landlord’s claim The landlord has applied for rent arrears, compensation for rubbish removal, lawns and garden work, replacement of locks, reimbursement of the filing fee and refund of the bond following the end of the tenancy. The claims for cleaning and exemplary damages for removal of the smoke are withdrawn.

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant maintains that during the mediation held on 14 March 2024 under application 4814300) it was verbally agreed that the rent increase notified to the tenant (from $545.00 a week to $565.00 a week) would not occur until after the tenant had paid all of the rent arrears owing. The tenant says she could not afford to pay the rent increase as well as the weekly payment towards paying off her arrears. The rent increase occurred as notified on 23 July 2024.

However I am not persuaded that an agreement was reached during mediation regarding rent remaining at $545.00 a week until the tenant paid all the arrears as: a) the landlord denies that such an agreement occurred, and b) had such an agreement been reached I am satisfied the mediator would have recorded it as part of the mediated order.

Arrears owing under the mediated order 4813400 dated 19 March 2024 are incorporated in the rent arrears ordered in this order. The filing fee ordered ($20.77) is also incorporated. The landlord confirmed that the mediated order has not been enforced.

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) RTA.

The tenant did not remove all rubbish and personal belongings from inside the premises. The photographs taken on 5 September 2024 after the eviction establish that a significant amount of personal belongings and rubbish was left in the property. The invoice for the removal of the rubbish/goods records 3.5 trailer loads were removed. I am satisfied that the cost of removing the goods is reasonable.

The landlord’s evidence establishes there was rubbish and belongings left outside the premises, the lawns required mowing and gardens and other areas required spraying and maintenance. The amount claimed ($575.00) is reduced by $45.00 as the lawns were mown more than 5 weeks after the tenancy ended.

The tenant did not return the keys. The landlord replaced the locks after the tenancy was terminated.

The amounts ordered are proved.

As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5053128 — net $1,882.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2024 and incorporating rent arrears ordered in Mediated Order 4814300	$2,033.57	Rent arrears to 5 September 2024 and incorporating rent arrears ordered in Mediated Order 4814300
Previous order for filing fee reimbursement application 4813400 dated	$27.00	Previous order for filing fee reimbursement application 4813400 dated
Rubbish removal	$764.75	Rubbish removal
Lawns and Garden work	$530.00	Lawns and Garden work
Lock/key replacement	$420.00	Lock/key replacement
Filing fee reimbursement	$27.00	Previous order for filing fee reimbursement application 4813400 dated
Net award	$1,882.32
Total payable by Tenant to Landlord	$1,882.32

Order

Katrina-Lee Sinclair must pay Quality Rental Management Limited $1,882.32 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 March 2024 under application 4813400.

Reasons

Mrs Harrison and Mrs Marsters, for the landlord, and Ms Sinclair, tenant, attended the hearing which was held in-person on 20 February 2025.
The tenancy commenced on 20 March 2021. The tenancy ended on 5 September 2024 as a result of the tenant breaching a mediated order (application 4813400) to pay rent arrears. The landlord obtained a warrant to evict the tenant following the tenancy terminating. Was the tenant served with notice of the hearing and claim? Should the matter be adjourned for a counter claim to be filed?
The tenant said that she had only just seen the documents sent to her by email about the claim and hearing. However the file records show she was first emailed the claim and the landlord’s evidence on 5 November 2024, prior to a mediation being scheduled for this claim. The mediation did not go ahead. The tenant was again emailed a copy of the claim and the landlord’s evidence, along with details of the hearing, on 11 February 2024 when the matter was scheduled for a Tenancy Tribunal hearing. Since then a number of SMS messages were sent to the tenant reminding her about the hearing.
The tenant’s email address is included on the tenancy agreement as an address for service. The tenant has been properly served under the Residential Tenancies Act 1986 (RTA) and has had adequate notice of the claim and the hearing.
The tenant explained she was the victim of an assault, unrelated to the tenancy, and found it difficult to focus on anything else as a result. She says she wanted to file a counter claim but has not yet prepared her claim.
In relation to the counter claim, the tenant asked to be given three weeks to file her counter claim. I considered this was a reasonable time frame and the matter was adjourned for the tenant to file her claim. I advised the tenant at the hearing that if she did not file her claim by 5.00pm on Friday 14 March 2025 I would issue a decision on the tenant’s claim, which was fully heard at the hearing. To date, which is well past the date given to the tenant to file her claim, a counter claim has not been filed and I now issue a decision on the landlord’s claim.
As explained at the hearing this does not prevent the tenant from filing a claim, however I have not considered any matter raised by the tenant at the hearing that I understood to be part of her claim in making this decision. The landlord’s claim The landlord has applied for rent arrears, compensation for rubbish removal, lawns and garden work, replacement of locks, reimbursement of the filing fee and refund of the bond following the end of the tenancy. The claims for cleaning and exemplary damages for removal of the smoke are withdrawn.

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant maintains that during the mediation held on 14 March 2024 under application 4814300) it was verbally agreed that the rent increase notified to the tenant (from $545.00 a week to $565.00 a week) would not occur until after the tenant had paid all of the rent arrears owing. The tenant says she could not afford to pay the rent increase as well as the weekly payment towards paying off her arrears. The rent increase occurred as notified on 23 July 2024.
However I am not persuaded that an agreement was reached during mediation regarding rent remaining at $545.00 a week until the tenant paid all the arrears as: a) the landlord denies that such an agreement occurred, and b) had such an agreement been reached I am satisfied the mediator would have recorded it as part of the mediated order.
Arrears owing under the mediated order 4813400 dated 19 March 2024 are incorporated in the rent arrears ordered in this order. The filing fee ordered ($20.77) is also incorporated. The landlord confirmed that the mediated order has not been enforced.

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) RTA.
The tenant did not remove all rubbish and personal belongings from inside the premises. The photographs taken on 5 September 2024 after the eviction establish that a significant amount of personal belongings and rubbish was left in the property. The invoice for the removal of the rubbish/goods records 3.5 trailer loads were removed. I am satisfied that the cost of removing the goods is reasonable.
The landlord’s evidence establishes there was rubbish and belongings left outside the premises, the lawns required mowing and gardens and other areas required spraying and maintenance. The amount claimed ($575.00) is reduced by $45.00 as the lawns were mown more than 5 weeks after the tenancy ended.
The tenant did not return the keys. The landlord replaced the locks after the tenancy was terminated.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5053128 — Rent arrears at 119A Forest Lake Road, Forest Lake, Hamilton 3200

At a glance

Tenancy Tribunal case 5053128 — Rent arrears at 119A Forest Lake Road, Forest Lake, Hamilton 3200

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

Property management

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

Property management

Frequently asked questions