What was the outcome of Tenancy Tribunal case 5063270?

The tribunal order states: Jane Elloise Saunders is to pay Karson Corp Limited $541.67 from the bond,

How much money was awarded in case 5063270?

Rent Arrears: $210.00 awarded to landlord; Water Rates: $331.67 awarded to landlord

What type of tenancy dispute was case 5063270?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5063270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488858-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5063270?

The tribunal order states: Jane Elloise Saunders is to pay Karson Corp Limited $541.67 from the bond,

How much money was awarded in case 5063270?

Rent Arrears: $210.00 awarded to landlord; Water Rates: $331.67 awarded to landlord

What type of tenancy dispute was case 5063270?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5063270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488858-Tenancy_Tribunal_Order.pdf.

113 Carlton Street, Bellevue, Tauranga 3110 Tenancy Tribunal Case 5063270 — Rent arrears

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113 Carlton Street, Bellevue, Tauranga 3110 Tenancy Tribunal Case 5063270 — 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 5063270 — net $541.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 September 2024	$210.00	Rent arrears to 22 September 2024
Water rates	$331.67	Water rates
Net award	$541.67
Total payable by Tenant to Landlord	$541.67

Claims and awards for application 5063270 — net $541.67 NZD. Verify on MoJ.

Rent arrears to 22 September 2024

Amount: $210.00
Awarded to: Landlord
Reason: Rent arrears to 22 September 2024

Water rates

Amount: $331.67
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $541.67

Total payable by Tenant to Landlord

Landlord $541.67

Claim types — money lines allowed on this order

Rent arrears Water Rates

Order

Jane Elloise Saunders is to pay Karson Corp Limited $541.67 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (5726348-003) immediately apportioned as shown below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a refund of her bond, and compensation of $2,000.00 and exemplary damages for the landlord failing to appoint an agent.
The tenant withdrew her claim for harassment .

How much is owed for rent and water rates?

I find that this tenancy ended on 22 September 2024. The tenant gave notice on 1 September 2024, and I am satisfied that 21 days’ notice is appropriate and consistent with the tenancy agreement entered into in 2011. The landlord provided rent records which prove the amount owing at the end of the tenancy. I award $210.00 for the final 3 days.
The landlord seeks $100.00 for a July 2024 water bill that was paid short, and $334.73 for the final water bill.
Applying the substantive merits and justice, I find that the tenant is not liable for the $100.00 shortfall. It became clear during the hearing that the tenant has been paying for base charges for several years which are the responsibility of the landlord, therefore it would not be fair nor reasonable to award the shortfall.
The final water bill is not disputed. I award $331.67 which is $334.73 claimed minus the base charges.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord says the oven was not left reasonably clean, but he was unable to provide any photographic evidence of the oven at the end of the tenancy.
This part of the claim is not proven so must be dismissed.

Did the landlord fail to appoint an agent?

The tenant claims the landlord has been overseas for longer than the Act permits without appointing an agent.
A landlord who is out of New Zealand for longer than 21 consecutive days must ensure they have an agent in New Zealand. See section 16A(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 16A(6) and Schedule 1A Residential Tenancies Act 1986.
The tenant does not dispute that the landlord did provide his father’s contact details while he was out of New Zealand. Accordingly, this part of the claim has not been proven and must be dismissed.
I decline to make any award for the respective filing fees.

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 5063270 — net $541.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 September 2024	$210.00	Rent arrears to 22 September 2024
Water rates	$331.67	Water rates
Net award	$541.67
Total payable by Tenant to Landlord	$541.67

Claims and awards for application 5063270 — net $541.67 NZD. Verify on MoJ.

Rent arrears to 22 September 2024

Amount: $210.00
Awarded to: Landlord
Reason: Rent arrears to 22 September 2024

Water rates

Amount: $331.67
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $541.67

Total payable by Tenant to Landlord

Landlord $541.67

Claim types — money lines allowed on this order

Rent arrears Water Rates

Order

Jane Elloise Saunders is to pay Karson Corp Limited $541.67 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (5726348-003) immediately apportioned as shown below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a refund of her bond, and compensation of $2,000.00 and exemplary damages for the landlord failing to appoint an agent.
The tenant withdrew her claim for harassment .

How much is owed for rent and water rates?

I find that this tenancy ended on 22 September 2024. The tenant gave notice on 1 September 2024, and I am satisfied that 21 days’ notice is appropriate and consistent with the tenancy agreement entered into in 2011. The landlord provided rent records which prove the amount owing at the end of the tenancy. I award $210.00 for the final 3 days.
The landlord seeks $100.00 for a July 2024 water bill that was paid short, and $334.73 for the final water bill.
Applying the substantive merits and justice, I find that the tenant is not liable for the $100.00 shortfall. It became clear during the hearing that the tenant has been paying for base charges for several years which are the responsibility of the landlord, therefore it would not be fair nor reasonable to award the shortfall.
The final water bill is not disputed. I award $331.67 which is $334.73 claimed minus the base charges.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord says the oven was not left reasonably clean, but he was unable to provide any photographic evidence of the oven at the end of the tenancy.
This part of the claim is not proven so must be dismissed.

Did the landlord fail to appoint an agent?

The tenant claims the landlord has been overseas for longer than the Act permits without appointing an agent.
A landlord who is out of New Zealand for longer than 21 consecutive days must ensure they have an agent in New Zealand. See section 16A(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 16A(6) and Schedule 1A Residential Tenancies Act 1986.
The tenant does not dispute that the landlord did provide his father’s contact details while he was out of New Zealand. Accordingly, this part of the claim has not been proven and must be dismissed.
I decline to make any award for the respective filing fees.

Tenancy Tribunal case 5063270 — Rent arrears at 113 Carlton Street, Bellevue, Tauranga 3110

At a glance

Tenancy Tribunal case 5063270 — Rent arrears at 113 Carlton Street, Bellevue, Tauranga 3110

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?

Did the landlord fail to appoint an agent?

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 and water rates?

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

Did the landlord fail to appoint an agent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions