What was the outcome of Tenancy Tribunal case 5073869?

The tribunal order states: Lee Munro must pay Kāinga Ora–Homes And Communities $2,588.00

How much money was awarded in case 5073869?

Rent Arrears: $2,088.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5073869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11778138-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5073869?

The tribunal order states: Lee Munro must pay Kāinga Ora–Homes And Communities $2,588.00

How much money was awarded in case 5073869?

Rent Arrears: $2,088.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5073869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11778138-Tenancy_Tribunal_Order.pdf.

3 Queenspark Drive, Parklands, Christchurch 8083 Tenancy Tribunal Case 5073869 — Rent arrears

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3 Queenspark Drive, Parklands, Christchurch 8083 Tenancy Tribunal Case 5073869 — 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 5073869 — net $2,588.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/9/24	$2,088.00	Rent arrears to 24/9/24
Rubbish removal	$500.00	Rubbish removal
Net award	$2,588.00
Total payable by Tenant to Landlord	$2,588.00

Claims and awards for application 5073869 — net $2,588.00 NZD. Verify on MoJ.

Rent arrears to 24/9/24

Amount: $2,088.00
Awarded to: Landlord
Reason: Rent arrears to 24/9/24

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $2,588.00

Total payable by Tenant to Landlord

Landlord $2,588.00

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

Lee Munro must pay Kāinga Ora–Homes And Communities $2,588.00 immediately, calculated as shown in table below.
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears, compensation and payment of the bond following the end of the tenancy.
At the hearing the landlord withdrew all compensation claims except for a claim for $500 which was sought for rubbish removal.
The application refers to the landlord seeking a disposal order, however that was incorrect and a disposal order was not sought by the landlord.

How much is owed for rent?

The tenancy ended on 3 June 2024, a possession order was made on 30 July 2024 for 5 August 2024 and on 24 September 2024 a stay was lifted in relation to the possession order. The landlord provided rent records which prove the amount owing as at 24 September 2024. The order of 24 September 2024 stated the tenant expected to have the last of the move out tasks completed within a week or so of that date.
The tenant disputed that he is liable for rent arrears as the premises was not able to be lived in. The Tribunal generally must not make an order for rent arrears in relation to an unlawful residential premises. 1 I consider insufficient evidence has been provided that the premises was an unlawful residential premises and accordingly I make an order for the full amount claimed by the landlord.

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. 2
The tenant did not remove all their rubbish.
The tenant disputed liability for the rubbish removal costs. He said that his housing manager advised him a skip would be provided to him at no cost.
The landlord’s representative said this sometimes happens on a case-by-case basis, for example in cases of a transfer from one Kainga property to another, which did not happen here.
I consider it is for the tenant to prove that he is not liable for rubbish removal, as the RTA requires a tenant to remove their rubbish at the end of a tenancy. On balance is seems more likely that the landlord offered to assist with rubbish removal if the tenant vacated the tenancy pursuant to the termination notice, which he did not. The tenant also did not transfer to another Kainga ora property.
The amount ordered is proved with a post tenancy inspection report and an invoice. Bond 1 See s 78A (3) of the RTA. 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The bond is not held by the Bond Centre and accordingly no order is made in respect of the bond. Suppression
The landlord did not apply for name suppression.
The tenant sought suppression however having regard to the interests of the tenant and the public interest I do not order name suppression for the tenant.

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 5073869 — net $2,588.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/9/24	$2,088.00	Rent arrears to 24/9/24
Rubbish removal	$500.00	Rubbish removal
Net award	$2,588.00
Total payable by Tenant to Landlord	$2,588.00

Claims and awards for application 5073869 — net $2,588.00 NZD. Verify on MoJ.

Rent arrears to 24/9/24

Amount: $2,088.00
Awarded to: Landlord
Reason: Rent arrears to 24/9/24

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $2,588.00

Total payable by Tenant to Landlord

Landlord $2,588.00

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

Lee Munro must pay Kāinga Ora–Homes And Communities $2,588.00 immediately, calculated as shown in table below.
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears, compensation and payment of the bond following the end of the tenancy.
At the hearing the landlord withdrew all compensation claims except for a claim for $500 which was sought for rubbish removal.
The application refers to the landlord seeking a disposal order, however that was incorrect and a disposal order was not sought by the landlord.

How much is owed for rent?

The tenancy ended on 3 June 2024, a possession order was made on 30 July 2024 for 5 August 2024 and on 24 September 2024 a stay was lifted in relation to the possession order. The landlord provided rent records which prove the amount owing as at 24 September 2024. The order of 24 September 2024 stated the tenant expected to have the last of the move out tasks completed within a week or so of that date.
The tenant disputed that he is liable for rent arrears as the premises was not able to be lived in. The Tribunal generally must not make an order for rent arrears in relation to an unlawful residential premises. 1 I consider insufficient evidence has been provided that the premises was an unlawful residential premises and accordingly I make an order for the full amount claimed by the landlord.

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. 2
The tenant did not remove all their rubbish.
The tenant disputed liability for the rubbish removal costs. He said that his housing manager advised him a skip would be provided to him at no cost.
The landlord’s representative said this sometimes happens on a case-by-case basis, for example in cases of a transfer from one Kainga property to another, which did not happen here.
I consider it is for the tenant to prove that he is not liable for rubbish removal, as the RTA requires a tenant to remove their rubbish at the end of a tenancy. On balance is seems more likely that the landlord offered to assist with rubbish removal if the tenant vacated the tenancy pursuant to the termination notice, which he did not. The tenant also did not transfer to another Kainga ora property.
The amount ordered is proved with a post tenancy inspection report and an invoice. Bond 1 See s 78A (3) of the RTA. 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The bond is not held by the Bond Centre and accordingly no order is made in respect of the bond. Suppression
The landlord did not apply for name suppression.
The tenant sought suppression however having regard to the interests of the tenant and the public interest I do not order name suppression for the tenant.

Tenancy Tribunal case 5073869 — Rent arrears at 3 Queenspark Drive, Parklands, Christchurch 8083

At a glance

Tenancy Tribunal case 5073869 — Rent arrears at 3 Queenspark Drive, Parklands, Christchurch 8083

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