What was the outcome of Tenancy Tribunal case 5112951?

The tribunal order states: Brent Newdick must pay Barfoot & Thompson Limited As Agent For Georgina

How much money was awarded in case 5112951?

Filing Fee: $27.00 awarded to landlord; Property Damage: $172.00 awarded to landlord; Property Damage: $220.80 awarded to landlord; Rent Arrears: $325.71 awarded to landlord

What type of tenancy dispute was case 5112951?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5112951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630186-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5112951?

The tribunal order states: Brent Newdick must pay Barfoot & Thompson Limited As Agent For Georgina

How much money was awarded in case 5112951?

Filing Fee: $27.00 awarded to landlord; Property Damage: $172.00 awarded to landlord; Property Damage: $220.80 awarded to landlord; Rent Arrears: $325.71 awarded to landlord

What type of tenancy dispute was case 5112951?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5112951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630186-Tenancy_Tribunal_Order.pdf.

Unit/Flat 101, 401 New North Road, Kingsland, Auckland Tenancy Tribunal Case 5112951 — Property damage

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Unit/Flat 101, 401 New North Road, Kingsland, Auckland Tenancy Tribunal Case 5112951 — Property damage | 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 5112951 — net $649.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$325.71	Rent arrears
Lock/key replacement	$220.80	Lock/key replacement
Lock/key replacement: Swipe Card and Garage Remote	$172.00	Lock/key replacement: Swipe Card and Garage Remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$649.06
Total payable by Tenant to Landlord	$649.06

Claims and awards for application 5112951 — net $649.06 NZD. Verify on MoJ.

Rent arrears

Amount: $325.71
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $220.80
Awarded to: Landlord
Reason: Lock/key replacement

Lock/key replacement: Swipe Card and Garage Remote

Amount: $172.00
Awarded to: Landlord
Reason: Lock/key replacement: Swipe Card and Garage Remote

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $649.06

Total payable by Tenant to Landlord

Landlord $649.06

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Brent Newdick must pay Barfoot & Thompson Limited As Agent For Georgina Gatenby And Samuel Mcavoy $649.06 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$325.71 Lock/key replacement$220.80 Lock/key replacement: Swipe Card and Garage Remote$172.00 Filing fee reimbursement$27.00 Total award$745.51 Bond$96.45 Total payable by Tenant to Landlord$649.06
The Bond Centre is to pay the bond of $96.45 (5598395-007) to Barfoot & Thompson Limited As Agent For Georgina Gatenby And Samuel Mcavoy immediately.
The Landlord’s claim for exemplary damages is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the remainder of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Landlord’s application referred to Mr Newdick’s sister, as guarantor. At the hearing the Landlord’s representative confirmed that this application is only against Mr Newdick. I have made the orders accordingly.

How much is owed for rent?

The tenancy ended on 14 October 2024.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The landlord claims that the tenant did not provide vacant possession on 14 October 2024 and applied for an additional 9 days rent and exemplary damages.
The tenant had left some items in a storage locker in the garage of the apartment complex. He could not remove them on 14 October because of cars parked in the way. He said that he had agreement from another employee of the Property Management company that he could remove them after 14 October.
I have awarded 3 days rent to the Landlord. This acknowledges that the tenant is to provide vacant possession at the end of the tenancy, but I also accept the tenant evidence that he understood the Landlord to have agreed that he could remove items from the storage locker after 14 October. I do not accept the Landlord’s submission that it could not inspect the dwelling until after the storage locker was emptied.
The Landlord did not address me on the exemplary damages claim at the hearing. However, exemplary damages would not be appropriate having regard to the evidence and the tenant’s understanding of the situation. That part of the claim is dismissed.
As the Landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

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 5112951 — net $649.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$325.71	Rent arrears
Lock/key replacement	$220.80	Lock/key replacement
Lock/key replacement: Swipe Card and Garage Remote	$172.00	Lock/key replacement: Swipe Card and Garage Remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$649.06
Total payable by Tenant to Landlord	$649.06

Claims and awards for application 5112951 — net $649.06 NZD. Verify on MoJ.

Rent arrears

Amount: $325.71
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $220.80
Awarded to: Landlord
Reason: Lock/key replacement

Lock/key replacement: Swipe Card and Garage Remote

Amount: $172.00
Awarded to: Landlord
Reason: Lock/key replacement: Swipe Card and Garage Remote

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $649.06

Total payable by Tenant to Landlord

Landlord $649.06

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Brent Newdick must pay Barfoot & Thompson Limited As Agent For Georgina Gatenby And Samuel Mcavoy $649.06 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$325.71 Lock/key replacement$220.80 Lock/key replacement: Swipe Card and Garage Remote$172.00 Filing fee reimbursement$27.00 Total award$745.51 Bond$96.45 Total payable by Tenant to Landlord$649.06
The Bond Centre is to pay the bond of $96.45 (5598395-007) to Barfoot & Thompson Limited As Agent For Georgina Gatenby And Samuel Mcavoy immediately.
The Landlord’s claim for exemplary damages is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the remainder of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Landlord’s application referred to Mr Newdick’s sister, as guarantor. At the hearing the Landlord’s representative confirmed that this application is only against Mr Newdick. I have made the orders accordingly.

How much is owed for rent?

The tenancy ended on 14 October 2024.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The landlord claims that the tenant did not provide vacant possession on 14 October 2024 and applied for an additional 9 days rent and exemplary damages.
The tenant had left some items in a storage locker in the garage of the apartment complex. He could not remove them on 14 October because of cars parked in the way. He said that he had agreement from another employee of the Property Management company that he could remove them after 14 October.
I have awarded 3 days rent to the Landlord. This acknowledges that the tenant is to provide vacant possession at the end of the tenancy, but I also accept the tenant evidence that he understood the Landlord to have agreed that he could remove items from the storage locker after 14 October. I do not accept the Landlord’s submission that it could not inspect the dwelling until after the storage locker was emptied.
The Landlord did not address me on the exemplary damages claim at the hearing. However, exemplary damages would not be appropriate having regard to the evidence and the tenant’s understanding of the situation. That part of the claim is dismissed.
As the Landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5112951 — Property damage at Unit/Flat 101, 401 New North Road, Kingsland, Auckland

At a glance

Tenancy Tribunal case 5112951 — Property damage at Unit/Flat 101, 401 New North Road, Kingsland, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions