What was the outcome of Tenancy Tribunal case 5100269?

The tribunal order states: The Bond Centre is to pay the bond of $1,840.00 (3064601-017) to Mills Gibbon

How much money was awarded in case 5100269?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,154.29 awarded to landlord

What type of tenancy dispute was case 5100269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5100269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630616-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5100269?

The tribunal order states: The Bond Centre is to pay the bond of $1,840.00 (3064601-017) to Mills Gibbon

How much money was awarded in case 5100269?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,154.29 awarded to landlord

What type of tenancy dispute was case 5100269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5100269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630616-Tenancy_Tribunal_Order.pdf.

12 Laurent VC Street, Hawera, Hawera 4610 Tenancy Tribunal Case 5100269 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5100269 — net $1,341.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 Dec 2024	$3,154.29	Rent arrears to 22 Dec 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,341.29
Total payable by Tenant to Landlord	$1,341.29

The Bond Centre is to pay the bond of $1,840.00 (3064601-017) to Mills Gibbon And Co Limited (T/A First National Collective) - As Agent For Stockhill Properties Ltd immediately.

Sholei Hinemate Rerekura must pay Mills Gibbon And Co Limited (T/A First National Collective) - As Agent For Stockhill Properties Ltd $1,341.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. A call to the tenant’s last known number went to voicemail.

The landlord has applied for rent arrears, compensation for lawn work, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Burden and standard of proof

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 22 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,154.29.

The amount ordered is proved.

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. See section 40(1)(e)(iii) of the Residential Tenancies Act 1986.

The landlord says the tenant did not leave the premises reasonably tidy in that the lawns were not cut and required edging, mowing and spraying. The landlord sought compensation in the amount of $180.00 (amended from $500 as stated in the application form). The landlord filed an invoice in the amount of $180.00.

The landlord did not file any photographic (or other) evidence to show the state of the lawns at the end of the tenancy.

The landlord has not provided the necessary evidence to prove their claim.

Accordingly, I dismiss the landlord’s claim for compensation for lawn work. Should the tenant reimburse the landlord’s application fee?

As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5100269 — net $1,341.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 Dec 2024	$3,154.29	Rent arrears to 22 Dec 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,341.29
Total payable by Tenant to Landlord	$1,341.29

The Bond Centre is to pay the bond of $1,840.00 (3064601-017) to Mills Gibbon And Co Limited (T/A First National Collective) - As Agent For Stockhill Properties Ltd immediately.

Sholei Hinemate Rerekura must pay Mills Gibbon And Co Limited (T/A First National Collective) - As Agent For Stockhill Properties Ltd $1,341.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. A call to the tenant’s last known number went to voicemail.

The landlord has applied for rent arrears, compensation for lawn work, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Burden and standard of proof

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenancy ended on 22 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,154.29.

The amount ordered is proved.

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. See section 40(1)(e)(iii) of the Residential Tenancies Act 1986.

The landlord did not file any photographic (or other) evidence to show the state of the lawns at the end of the tenancy.

The landlord has not provided the necessary evidence to prove their claim.

Accordingly, I dismiss the landlord’s claim for compensation for lawn work. Should the tenant reimburse the landlord’s application fee?

As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5100269 — Rent arrears at 12 Laurent VC Street, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 5100269 — Rent arrears at 12 Laurent VC Street, Hawera, Hawera 4610

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