What was Tenancy Tribunal case 5067048 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 5067048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $849.43 awarded to landlord; Rubbish Removal: $4,960.10 awarded to landlord

What type of tenancy dispute was case 5067048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5067048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11703623-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5067048 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 5067048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $849.43 awarded to landlord; Rubbish Removal: $4,960.10 awarded to landlord

What type of tenancy dispute was case 5067048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5067048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11703623-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5067048 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5067048 — net $5,836.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2024	$849.43	Rent arrears to 7 October 2024
Rubbish removal, replace lock and repair broken glass (invoices 0573 and 1197	$4,960.10	Rubbish removal, replace lock and repair broken glass (invoices 0573 and 1197
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,836.53
Total payable by Tenant to Landlord	$5,836.53

This is a reconvened hearing by teleconference. The matter was previously adjourned as the tenant was hospitalised at the time. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and that the tenant ought to know about the hearing. I deemed it reasonable to proceed in the absence of the tenant.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations?

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.

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA

The landlord relied on the exit property condition report, photographs and invoices.

The landlord proved on the evidence that: • The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. • Damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee and suppression order

As [The applicant/s] has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

The landlord has sought an order for suppression of the tenant’s name. The grounds advanced by the landlord in support of the application for suppression were the prejudice that might be suffered by the tenant through having his name associated with an adverse decision on finding future tenancies.

The Tribunal has a discretion to grant name suppression to any party “having regard to the interests of the parties and to the public interest” (section 95A RTA).

In this instance, there are no particular features or exceptional circumstances that would justify suppression of the tenant’s name. General concerns about the risks of publication on finding future tenancies do not justify suppression. Therefore, I will not grant suppression of the tenant’s in this instance.

Claims and awards in Tenancy Tribunal application 5067048 — net $5,836.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2024	$849.43	Rent arrears to 7 October 2024
Rubbish removal, replace lock and repair broken glass (invoices 0573 and 1197	$4,960.10	Rubbish removal, replace lock and repair broken glass (invoices 0573 and 1197
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,836.53
Total payable by Tenant to Landlord	$5,836.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Delwyn Ulberg must pay [The landlord/s] $5,836.53 immediately, calculated as shown in the table below.

Reasons

This is a reconvened hearing by teleconference. The matter was previously adjourned as the tenant was hospitalised at the time. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and that the tenant ought to know about the hearing. I deemed it reasonable to proceed in the absence of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations?

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.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA
The landlord relied on the exit property condition report, photographs and invoices.
The landlord proved on the evidence that: • The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. • Damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee and suppression order
As [The applicant/s] has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
The landlord has sought an order for suppression of the tenant’s name. The grounds advanced by the landlord in support of the application for suppression were the prejudice that might be suffered by the tenant through having his name associated with an adverse decision on finding future tenancies.
The Tribunal has a discretion to grant name suppression to any party “having regard to the interests of the parties and to the public interest” (section 95A RTA).
In this instance, there are no particular features or exceptional circumstances that would justify suppression of the tenant’s name. General concerns about the risks of publication on finding future tenancies do not justify suppression. Therefore, I will not grant suppression of the tenant’s in this instance.

Tenancy Tribunal case 5067048 — Rent arrears

At a glance

Tenancy Tribunal case 5067048 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions