What was Tenancy Tribunal case 5103550 about?

The tribunal order states: The Tribunal directs that the name and identifying details of the tenant be

How much money was awarded in case 5103550?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,397.14 awarded to landlord; Rubbish Removal: $184.00 awarded to landlord

What type of tenancy dispute was case 5103550?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5103550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856555-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5103550 about?

The tribunal order states: The Tribunal directs that the name and identifying details of the tenant be

How much money was awarded in case 5103550?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,397.14 awarded to landlord; Rubbish Removal: $184.00 awarded to landlord

What type of tenancy dispute was case 5103550?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5103550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856555-Tribunal_Order_Redacted.pdf.

Unit/Flat 7G, 113 Vincent Street, Auckland Central, Tenancy Tribunal Case 5103550 — Rent arrears

Claims and awards in Tenancy Tribunal application 5103550 — net $1,328.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/25	$2,397.14	Rent arrears to 2/9/25
Cleaning & rubbish removal	$184.00	Cleaning & rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,328.14
Total payable by Tenant to Landlord	$1,328.14

Order

The Tribunal directs that the name and identifying details of the tenant be suppressed from the published order.
[The tenant/s] must pay Supercity Property Management Limited Acting Agent For Hong Wang $1,328.14, (the debt) calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) to Supercity Property Management Limited Acting Agent For Hong Wang immediately.
[The tenant/s] is to contact the landlord as soon as he is released from custody to arrange payment of the debt.
Supercity Property Management Limited Acting Agent For Hong Wang agrees not to seek payment of the debt through a collection agency or other debt recovery process prior to 31 August 2025.

Reasons

The landlord attended the hearing represented by Ms Lowe.
[The tenant/s] was not able to attend as he is currently in custody and as such uncontactable. His criminal barrister [The lawyer] attended, not as his representative pursuant to section 93 of the Residential Tenancies Act 1986 (RTA) but to assist the Tribunal.
[The lawyer] has acted as an intermediatory between [The tenant/s] and the landlord throughout this process and has [The tenant/s]’s consent to do so. She, with his consent, authorised the termination of his tenancy in August 2024.
I accept [The lawyer]’s role on the basis of the evidence and in the interests of justice 1 and thank her for her assistance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The matter was originally heard on 12 March. [The tenant/s] did not attend the hearing and was not contactable. As he had been served with the notice of hearing, and at that stage [The lawyer] was not aware of the hearing, the hearing went ahead in his absence.
[The tenant/s] applied for a rehearing two days later which was granted. The rehearing application specified that his lawyer had not received the notice of hearing and he disputed an order being made which might accrue interest whilst he was in custody and could not pay it.
This hearing is the rehearing of the original application.

How much is owed for rent?

The tenancy ended on 2 September after [The tenant/s] vacated the premises due to incarceration and [The lawyer], on his behalf, consented to the tenancy ending.
Ms Lowe provided rent records to prove the amount owing at the end of the tenancy. She also provided evidence that [The tenant/s] had accepted the amounts of rent arrears he was in up until he was taken into custody. 1 See section 85 RTA
[The lawyer’s]’s understanding is that when [The tenant/s] was taken into custody his automatic payments for the rent ceased as his student loan payments were halted.
Given the documentary evidence that [The tenant/s] accepted the rent arrears amounts up until his incarceration, and that the amounts that accrued after clearly occurred due to his not having an income, I find the claim proven,

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.
Ms Lowe proved in photographic and documentary evidence that [The tenant/s] did not leave the premises reasonably clean and tidy and did not remove all rubbish when the tenancy ended. Arrangements had been made through [The lawyer] for a friend of [The tenant/s]’s to collect his belongings although some, and some rubbish was left.
[The lawyer] has concern regarding the cleaning cost to the extent that the Police executed a search warrant at the property after [The tenant/s] was incarcerated and this may have contributed to the mess. Her understanding is that they left a window open through which a bird(s) entered and made a mess.
I find that the amount sought is proven in evidence. I make this finding for several reasons. Firstly, the majority of the mess left appears to relate to a usual incident of living. By this I mean, the washing machine, oven, drawers, fridge and shower were unclean. I cannot see how the Police would have contributed to the uncleanliness of those areas.
There is certainly at least one area that appears to be bird mess, however in looking at the invoice as a whole, only a very small portion could be attributed to that. The invoice is very reasonable given the work required of both rubbish removal and cleaning.
This event also occurred whilst the tenancy was in place and as such [The tenant/s]’s obligations were still continuing. [The tenant/s] was able to arrange a friend to remove his items, he therefore would have had the opportunity to arrange a cleaner as well given his obligation under section 40(1)(e)(iii) of the RTA.
Accordingly, the amount sought is proven in evidence.
Because Supercity Property Management Limited Acting Agent For Hong Wang has wholly succeeded with the claim I must reimburse the filing fee.
As [The tenant/s] is currently incarcerated and has no income, he has no means to make any contribution to the debt at this stage. Because of this Ms Lowe agrees not to take debt recovery steps until he has been released. Her preference is to come to a repayment plan with [The tenant/s], therefore he is encouraged to contact the landlord when he is released.
In the circumstances, it is agreed that the landlord will await [The tenant/s] contacting them by the end of August 2025. Should he not do so, after that date they will be entitled to take the debt recovery steps necessary.
[The lawyer] will ensure a copy of this order is provided to [The tenant/s] and a copy will be emailed to him at his personal email address.
Given [The tenant/s] is currently facing criminal charges, to not jeopardise those proceedings, I direct that his identifying details be suppressed from the published order, see section 95A(4) of the RTA.

Claims and awards in Tenancy Tribunal application 5103550 — net $1,328.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/25	$2,397.14	Rent arrears to 2/9/25
Cleaning & rubbish removal	$184.00	Cleaning & rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,328.14
Total payable by Tenant to Landlord	$1,328.14

Order

The Tribunal directs that the name and identifying details of the tenant be suppressed from the published order.
[The tenant/s] must pay Supercity Property Management Limited Acting Agent For Hong Wang $1,328.14, (the debt) calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) to Supercity Property Management Limited Acting Agent For Hong Wang immediately.
[The tenant/s] is to contact the landlord as soon as he is released from custody to arrange payment of the debt.
Supercity Property Management Limited Acting Agent For Hong Wang agrees not to seek payment of the debt through a collection agency or other debt recovery process prior to 31 August 2025.

Reasons

The landlord attended the hearing represented by Ms Lowe.
[The tenant/s] was not able to attend as he is currently in custody and as such uncontactable. His criminal barrister [The lawyer] attended, not as his representative pursuant to section 93 of the Residential Tenancies Act 1986 (RTA) but to assist the Tribunal.
[The lawyer] has acted as an intermediatory between [The tenant/s] and the landlord throughout this process and has [The tenant/s]’s consent to do so. She, with his consent, authorised the termination of his tenancy in August 2024.
I accept [The lawyer]’s role on the basis of the evidence and in the interests of justice 1 and thank her for her assistance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The matter was originally heard on 12 March. [The tenant/s] did not attend the hearing and was not contactable. As he had been served with the notice of hearing, and at that stage [The lawyer] was not aware of the hearing, the hearing went ahead in his absence.
[The tenant/s] applied for a rehearing two days later which was granted. The rehearing application specified that his lawyer had not received the notice of hearing and he disputed an order being made which might accrue interest whilst he was in custody and could not pay it.
This hearing is the rehearing of the original application.

How much is owed for rent?

The tenancy ended on 2 September after [The tenant/s] vacated the premises due to incarceration and [The lawyer], on his behalf, consented to the tenancy ending.
Ms Lowe provided rent records to prove the amount owing at the end of the tenancy. She also provided evidence that [The tenant/s] had accepted the amounts of rent arrears he was in up until he was taken into custody. 1 See section 85 RTA
[The lawyer’s]’s understanding is that when [The tenant/s] was taken into custody his automatic payments for the rent ceased as his student loan payments were halted.
Given the documentary evidence that [The tenant/s] accepted the rent arrears amounts up until his incarceration, and that the amounts that accrued after clearly occurred due to his not having an income, I find the claim proven,

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.
Ms Lowe proved in photographic and documentary evidence that [The tenant/s] did not leave the premises reasonably clean and tidy and did not remove all rubbish when the tenancy ended. Arrangements had been made through [The lawyer] for a friend of [The tenant/s]’s to collect his belongings although some, and some rubbish was left.
[The lawyer] has concern regarding the cleaning cost to the extent that the Police executed a search warrant at the property after [The tenant/s] was incarcerated and this may have contributed to the mess. Her understanding is that they left a window open through which a bird(s) entered and made a mess.
I find that the amount sought is proven in evidence. I make this finding for several reasons. Firstly, the majority of the mess left appears to relate to a usual incident of living. By this I mean, the washing machine, oven, drawers, fridge and shower were unclean. I cannot see how the Police would have contributed to the uncleanliness of those areas.
There is certainly at least one area that appears to be bird mess, however in looking at the invoice as a whole, only a very small portion could be attributed to that. The invoice is very reasonable given the work required of both rubbish removal and cleaning.
This event also occurred whilst the tenancy was in place and as such [The tenant/s]’s obligations were still continuing. [The tenant/s] was able to arrange a friend to remove his items, he therefore would have had the opportunity to arrange a cleaner as well given his obligation under section 40(1)(e)(iii) of the RTA.
Accordingly, the amount sought is proven in evidence.
Because Supercity Property Management Limited Acting Agent For Hong Wang has wholly succeeded with the claim I must reimburse the filing fee.
As [The tenant/s] is currently incarcerated and has no income, he has no means to make any contribution to the debt at this stage. Because of this Ms Lowe agrees not to take debt recovery steps until he has been released. Her preference is to come to a repayment plan with [The tenant/s], therefore he is encouraged to contact the landlord when he is released.
In the circumstances, it is agreed that the landlord will await [The tenant/s] contacting them by the end of August 2025. Should he not do so, after that date they will be entitled to take the debt recovery steps necessary.
[The lawyer] will ensure a copy of this order is provided to [The tenant/s] and a copy will be emailed to him at his personal email address.
Given [The tenant/s] is currently facing criminal charges, to not jeopardise those proceedings, I direct that his identifying details be suppressed from the published order, see section 95A(4) of the RTA.

Tenancy Tribunal case 5103550 — Rent arrears at Unit/Flat 7G, 113 Vincent Street, Auckland Central,

At a glance

Tenancy Tribunal case 5103550 — Rent arrears at Unit/Flat 7G, 113 Vincent Street, Auckland Central,

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