What was Tenancy Tribunal case 5502056 about?

The tribunal order states: [The tenant/s] tenant/s] must pay We Care Rentals Limited As Agent For

How much money was awarded in case 5502056?

Eviction Cost: $267.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent Arrears: $6,442.85 awarded to landlord; Rubbish Removal: $5,198.00 awarded to landlord; Water Rates: $252.57 awarded to landlord

What type of tenancy dispute was case 5502056?

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

Where can I read the official tribunal order for case 5502056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14033267-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5502056 about?

The tribunal order states: [The tenant/s] tenant/s] must pay We Care Rentals Limited As Agent For

How much money was awarded in case 5502056?

Eviction Cost: $267.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent Arrears: $6,442.85 awarded to landlord; Rubbish Removal: $5,198.00 awarded to landlord; Water Rates: $252.57 awarded to landlord

What type of tenancy dispute was case 5502056?

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

Where can I read the official tribunal order for case 5502056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14033267-Tenancy_Tribunal_Order.pdf.

285 Point View Drive, Shamrock Park, Auckland 2016 Tenancy Tribunal Case 5502056 — Rent arrears

Claims and awards in Tenancy Tribunal application 5502056 — net $9,368.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the 6 May 2026	$6,442.85	Rent arrears to the 6 May 2026
Rubbish removal: 6x skip bins and labour	$5,198.00	Rubbish removal: 6x skip bins and labour
Eviction cost	$267.00	Eviction cost
Water rates	$252.57	Water rates
Lock/key replacement	$460.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,368.42
Total payable by Tenant to Landlord	$9,368.42

Order

[The tenant/s] tenant/s] must pay We Care Rentals Limited As Agent For Parambir Singh $9,368.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,280.00 (BN-17513465) to We Care Rentals Limited As Agent For Parambir Singh immediately.
We Care Rentals Limited As Agent For Parambir Singh must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
The tenant’s application 5496316 is not proven and therefore dismissed.

Reasons

Messrs Singh attended the hearing for the landlord. The tenant did not attend.
Yesterday (10 August) the Registry received correspondence from a lawyer on behalf of the tenant saying that the tenant was unable to attend “today’s hearing.” The Registry sought to clarify the adjournment request with the sender, as the hearing was due to be held on the 11 August not the 10 August. No further correspondence has been received. I also note that the lawyer did not provide any documents which supported an application for adjournment, and I would have declined an adjournment on the information supplied.
This tenancy has significant history in the Tribunal, and I consider that both parties are aware of what is expected of them in terms of attending hearings and advancing their claims.
The tenancy ended on the 24 April 2026 by Tribunal order [TT5363485]. The landlord tells me that the tenants did not leave the premises, and it was necessary to get a bailiff to evict them. The tenant was evicted by bailiff on the 6 May 2026. The locks were changed that day. The tenant’s claims.
The tenant filed her application TT54962316, she sought $30,000 in compensation and exemplary damages for the following claims: a. That the 42-day termination notice was issued under misleading or false grounds. b. That the landlord acted in a retaliatory fashion. c. That the landlord’s rental ledgers are inaccurate. I
The only evidence that the tenant filed in support of her application was the tenancy agreement.
As the tenant has not attended the hearing and has not provided any other evidence in support of her claims, then the tenant has not proven her claims and her application is dismissed. The landlord’s claims.
The landlord confirmed at today’s hearing that its claims were: a. Rent until the end of the tenancy and rent from date of termination to eviction. b. An order disposing of the tenant’s goods. c. The cost of removing the tenant’s rubbish and goods. - quote of $5198.00 d. Water rates $252.57 e. Compensation, for not being able to re let premises whilst tenant’s goods are on the property. (Claimed as rent for this period). f. Cost of lock change $460.00 g. Cost of eviction $267.00 h. Filing fee $28.00 Rent.
Tenants are liable for rent until the end of the tenancy and for any time that they remain in possession after the tenancy ends. (s60 RTA). The tenant was in possession until the eviction on the 6 May2026 and I award rent until that date.
The landlord provided me with a rent ledger which shows the amount owing. Water.
The tenant was liable for water used. The landlord provided me with a copy of the April Watercare bill (only up to 9 April) which shows the amount owing for consumption (the landlord pays the fixed amount separately). I am satisfied that the tenant owes the water rates and award the amount outstanding. Eviction costs.
Under clause 15 of the tenancy agreement the tenant agreed to pay the collection costs. Under s102(5) RTA the Tribunal can make any award which gives effect to a term in the agreement for the landlord to recover costs incurred in the enforcement of a Tribunal order.
I am satisfied that the eviction costs are a recovery cost as a result of a Tribunal order 5363485 and that the tenant is liable for those costs pursuant to clause15 of the tenancy agreement.
I therefore award those costs. Lock/ Keys
I am also satisfied that it was necessary for the landlord to change the locks in order to evict the tenant. The tenant did not return all the keys.
I award the costs of lock change as per the invoice provided. Goods and rubbish left at the premises.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all of their belongings and rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant had a lot of items/ rubbish left in and around the premises. The tenant asked for extra time to remove the items. The landlord agreed that the tenant could have extra time to remove the items, but the landlord says that despite the tenants repeated promises to remove her belongings and clean up the rubbish, she has failed to do so. The landlord provided a video showing the condition of the property which was taken yesterday, it shows a considerable amount of rubbish still left at the property which needs to be removed. None of the goods appear to have any value.
The tenant had got a skip bin in, but the landlord says that the skip bin has been there a month and has not been removed. I do not consider that it is likely that the tenant will remove her goods and the rubbish on the property.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
The landlord has sought an award of costs for 6x skip bins hire and the labour to clean and clear the rubbish. I am satisfied that the costs are reasonable and are likely to be incurred because there is a considerable amount of rubbish that needs to be removed.
I therefore award the landlord the costs of the skip bins and removal.
I am not satisfied that the landlord is entitled to any further compensation. The landlord had an obligation to allow the tenant a ‘reasonable’ opportunity to remove their items after which time the landlord could have cleared the rubbish. I consider 1-2 weeks a reasonable time in this instance.
A party who is claiming a breach must take steps to mitigate their loss, (s49 RTA). I do not consider that the landlord has taken reasonable steps to mitigate their loss, they could have removed the rubbish much earlier than now. I do not consider it reasonable to award the landlord any further compensation, in the form of rent, for the tenant’s breach of leaving her goods and rubbish at the property. Filing fee
As the landlord has been successful in their claim, I award the landlord the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5502056 — net $9,368.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the 6 May 2026	$6,442.85	Rent arrears to the 6 May 2026
Rubbish removal: 6x skip bins and labour	$5,198.00	Rubbish removal: 6x skip bins and labour
Eviction cost	$267.00	Eviction cost
Water rates	$252.57	Water rates
Lock/key replacement	$460.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,368.42
Total payable by Tenant to Landlord	$9,368.42

[The tenant/s] tenant/s] must pay We Care Rentals Limited As Agent For Parambir Singh $9,368.42 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,280.00 (BN-17513465) to We Care Rentals Limited As Agent For Parambir Singh immediately.

We Care Rentals Limited As Agent For Parambir Singh must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

The tenant’s application 5496316 is not proven and therefore dismissed.

Reasons

Messrs Singh attended the hearing for the landlord. The tenant did not attend.

Yesterday (10 August) the Registry received correspondence from a lawyer on behalf of the tenant saying that the tenant was unable to attend “today’s hearing.” The Registry sought to clarify the adjournment request with the sender, as the hearing was due to be held on the 11 August not the 10 August. No further correspondence has been received. I also note that the lawyer did not provide any documents which supported an application for adjournment, and I would have declined an adjournment on the information supplied.

This tenancy has significant history in the Tribunal, and I consider that both parties are aware of what is expected of them in terms of attending hearings and advancing their claims.

The tenancy ended on the 24 April 2026 by Tribunal order [TT5363485]. The landlord tells me that the tenants did not leave the premises, and it was necessary to get a bailiff to evict them. The tenant was evicted by bailiff on the 6 May 2026. The locks were changed that day. The tenant’s claims.

The tenant filed her application TT54962316, she sought $30,000 in compensation and exemplary damages for the following claims: a. That the 42-day termination notice was issued under misleading or false grounds. b. That the landlord acted in a retaliatory fashion. c. That the landlord’s rental ledgers are inaccurate. I

The only evidence that the tenant filed in support of her application was the tenancy agreement.

As the tenant has not attended the hearing and has not provided any other evidence in support of her claims, then the tenant has not proven her claims and her application is dismissed. The landlord’s claims.

The landlord confirmed at today’s hearing that its claims were: a. Rent until the end of the tenancy and rent from date of termination to eviction. b. An order disposing of the tenant’s goods. c. The cost of removing the tenant’s rubbish and goods. - quote of $5198.00 d. Water rates $252.57 e. Compensation, for not being able to re let premises whilst tenant’s goods are on the property. (Claimed as rent for this period). f. Cost of lock change $460.00 g. Cost of eviction $267.00 h. Filing fee $28.00 Rent.

Tenants are liable for rent until the end of the tenancy and for any time that they remain in possession after the tenancy ends. (s60 RTA). The tenant was in possession until the eviction on the 6 May2026 and I award rent until that date.

The landlord provided me with a rent ledger which shows the amount owing. Water.

The tenant was liable for water used. The landlord provided me with a copy of the April Watercare bill (only up to 9 April) which shows the amount owing for consumption (the landlord pays the fixed amount separately). I am satisfied that the tenant owes the water rates and award the amount outstanding. Eviction costs.

Under clause 15 of the tenancy agreement the tenant agreed to pay the collection costs. Under s102(5) RTA the Tribunal can make any award which gives effect to a term in the agreement for the landlord to recover costs incurred in the enforcement of a Tribunal order.

I am satisfied that the eviction costs are a recovery cost as a result of a Tribunal order 5363485 and that the tenant is liable for those costs pursuant to clause15 of the tenancy agreement.

I therefore award those costs. Lock/ Keys

I am also satisfied that it was necessary for the landlord to change the locks in order to evict the tenant. The tenant did not return all the keys.

I award the costs of lock change as per the invoice provided. Goods and rubbish left at the premises.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all of their belongings and rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant had a lot of items/ rubbish left in and around the premises. The tenant asked for extra time to remove the items. The landlord agreed that the tenant could have extra time to remove the items, but the landlord says that despite the tenants repeated promises to remove her belongings and clean up the rubbish, she has failed to do so. The landlord provided a video showing the condition of the property which was taken yesterday, it shows a considerable amount of rubbish still left at the property which needs to be removed. None of the goods appear to have any value.

The tenant had got a skip bin in, but the landlord says that the skip bin has been there a month and has not been removed. I do not consider that it is likely that the tenant will remove her goods and the rubbish on the property.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

The landlord has sought an award of costs for 6x skip bins hire and the labour to clean and clear the rubbish. I am satisfied that the costs are reasonable and are likely to be incurred because there is a considerable amount of rubbish that needs to be removed.

I therefore award the landlord the costs of the skip bins and removal.

I am not satisfied that the landlord is entitled to any further compensation. The landlord had an obligation to allow the tenant a ‘reasonable’ opportunity to remove their items after which time the landlord could have cleared the rubbish. I consider 1-2 weeks a reasonable time in this instance.

A party who is claiming a breach must take steps to mitigate their loss, (s49 RTA). I do not consider that the landlord has taken reasonable steps to mitigate their loss, they could have removed the rubbish much earlier than now. I do not consider it reasonable to award the landlord any further compensation, in the form of rent, for the tenant’s breach of leaving her goods and rubbish at the property. Filing fee

As the landlord has been successful in their claim, I award the landlord the filing fee.

Tenancy Tribunal case 5502056 — Rent arrears at 285 Point View Drive, Shamrock Park, Auckland 2016

At a glance

Tenancy Tribunal case 5502056 — Rent arrears at 285 Point View Drive, Shamrock Park, Auckland 2016

At a glance

Tenancy Tribunal case 5502056 — Rent arrears at 285 Point View Drive, Shamrock Park, Auckland 2016

At a glance

Tenancy Tribunal case 5502056 — Rent arrears at 285 Point View Drive, Shamrock Park, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.