What was Tenancy Tribunal case 5413482 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 5413482?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Time To Arrange Furniture Collection…: $50.00 awarded to landlord

What type of tenancy dispute was case 5413482?

The dispute type was not classified.

Where can I read the official tribunal order for case 5413482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13303633-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5413482 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 5413482?

Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $299.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Time To Arrange Furniture Collection…: $50.00 awarded to landlord

What type of tenancy dispute was case 5413482?

The dispute type was not classified.

Where can I read the official tribunal order for case 5413482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13303633-Tribunal_Order_Redacted.pdf.

10 Whaley Greens, Silverdale, Auckland 0932 Tenancy Tribunal Case 5413482 — Tenancy dispute

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10 Whaley Greens, Silverdale, Auckland 0932 Tenancy Tribunal Case 5413482 — Tenancy dispute | 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 5413482 — net $402.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$299.00	Rubbish removal
Rubbish removal – landlord time	$25.00	Rubbish removal – landlord time
Time to arrange furniture collection – landlord time	$50.00	Time to arrange furniture collection – landlord time
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$402.00
Total payable by Tenant to Landlord	$402.00

Claims and awards for application 5413482 — net $402.00 NZD. Verify on MoJ.

Rubbish removal

Amount: $299.00
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal – landlord time

Amount: $25.00
Awarded to: Landlord
Reason: Rubbish removal – landlord time

Time to arrange furniture collection – landlord time

Amount: $50.00
Awarded to: Landlord
Reason: Time to arrange furniture collection – landlord time

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $402.00

Total payable by Tenant to Landlord

Landlord $402.00

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ name and identifying details.
Samantha Lee Hill and Isaac Jordan Paul must pay [The landlord/s] $402.00 immediately, calculated as shown in table below.

All other clams are dismissed.

Reasons

The landlords attended the hearing. The tenants did not answer the phone calls I made at the start of the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish. See section 40 Residential Tenancies Act 1986 (RTA).
The tenants left furniture behind in the garage and asked the landlord to facilitate collection by a charity. I am persuaded the landlord should get compensation for the time spent. Two hours seems reasonable which is allowed at $25 an hour. This is the Tribunal’s rate for simple tasks at the end of the tenancy.
The tenants left rubbish. I have seen the photos and find the invoice plus an additional hour of landlord labour to be reasonable.

Are the tenants responsible for the damage to the premises?

The landlords 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 landlords said there was damage to a drawer and several small holes in the walls. The landlord could not prove the damage was caused during the tenancy. These claims are dismissed.

Should the tenants pay for lost rent and advertising?

The parties had a fixed term tenancy agreement with a two year term. The tenancy ended because of rent arrears. The landlords had to readvertise and was without rent for about three weeks. The landlords submitted this was a loss suffered because of the tenants’ breach and they should be compensated for the loss.
I am not persuaded by this submission. The landlords mitigated their loss by filing an application for termination of the tenancy. The only part of the RTA that allows landlords to claim the reasonable costs of ending a fixed term tenancy sooner than anticipated is section 44A RTA, which allows a landlord to claim any expenses reasonably incurred with an assignment, subletting, parting with possession or termination by agreement in accordance with section 50(1)(d) RTA. I find this tenancy did not end in a way that would allow me to order the reasonable costs of advertising or lost rent.
The Tribunal sometimes allows a claim for lost rent if there was significant damage or delays. I have not seen any evidence to suggest that was the case here. Other orders
Because the landlords have substantially succeeded with the claim I have reimbursed the filing fee.
There is an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlords’ application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money at the end of a tenancy.

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 5413482 — net $402.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$299.00	Rubbish removal
Rubbish removal – landlord time	$25.00	Rubbish removal – landlord time
Time to arrange furniture collection – landlord time	$50.00	Time to arrange furniture collection – landlord time
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$402.00
Total payable by Tenant to Landlord	$402.00

Claims and awards for application 5413482 — net $402.00 NZD. Verify on MoJ.

Rubbish removal

Amount: $299.00
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal – landlord time

Amount: $25.00
Awarded to: Landlord
Reason: Rubbish removal – landlord time

Time to arrange furniture collection – landlord time

Amount: $50.00
Awarded to: Landlord
Reason: Time to arrange furniture collection – landlord time

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $402.00

Total payable by Tenant to Landlord

Landlord $402.00

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords’ name and identifying details.
Samantha Lee Hill and Isaac Jordan Paul must pay [The landlord/s] $402.00 immediately, calculated as shown in table below.

All other clams are dismissed.

Reasons

The landlords attended the hearing. The tenants did not answer the phone calls I made at the start of the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish. See section 40 Residential Tenancies Act 1986 (RTA).
The tenants left furniture behind in the garage and asked the landlord to facilitate collection by a charity. I am persuaded the landlord should get compensation for the time spent. Two hours seems reasonable which is allowed at $25 an hour. This is the Tribunal’s rate for simple tasks at the end of the tenancy.
The tenants left rubbish. I have seen the photos and find the invoice plus an additional hour of landlord labour to be reasonable.

Are the tenants responsible for the damage to the premises?

The landlords 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 landlords said there was damage to a drawer and several small holes in the walls. The landlord could not prove the damage was caused during the tenancy. These claims are dismissed.

Should the tenants pay for lost rent and advertising?

The parties had a fixed term tenancy agreement with a two year term. The tenancy ended because of rent arrears. The landlords had to readvertise and was without rent for about three weeks. The landlords submitted this was a loss suffered because of the tenants’ breach and they should be compensated for the loss.
I am not persuaded by this submission. The landlords mitigated their loss by filing an application for termination of the tenancy. The only part of the RTA that allows landlords to claim the reasonable costs of ending a fixed term tenancy sooner than anticipated is section 44A RTA, which allows a landlord to claim any expenses reasonably incurred with an assignment, subletting, parting with possession or termination by agreement in accordance with section 50(1)(d) RTA. I find this tenancy did not end in a way that would allow me to order the reasonable costs of advertising or lost rent.
The Tribunal sometimes allows a claim for lost rent if there was significant damage or delays. I have not seen any evidence to suggest that was the case here. Other orders
Because the landlords have substantially succeeded with the claim I have reimbursed the filing fee.
There is an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlords’ application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money at the end of a tenancy.

Tenancy Tribunal case 5413482 — Tenancy dispute at 10 Whaley Greens, Silverdale, Auckland 0932

At a glance

Tenancy Tribunal case 5413482 — Tenancy dispute at 10 Whaley Greens, Silverdale, Auckland 0932

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Should the tenants pay for lost rent and advertising?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Should the tenants pay for lost rent and advertising?

Topics & place

Residential Tenancies Act sections

Frequently asked questions