How much money was awarded in case 4440800?

____________________________________…: $33.33 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Column: $477.25 awarded to landlord; Storage Costs: $1,424.00 awarded to landlord

What type of tenancy dispute was case 4440800?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4440800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9263353-Tribunal_Order.pdf.

How much money was awarded in case 4440800?

____________________________________…: $33.33 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Column: $477.25 awarded to landlord; Storage Costs: $1,424.00 awarded to landlord

What type of tenancy dispute was case 4440800?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4440800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9263353-Tribunal_Order.pdf.

11 A Sunrise Ave, North Shore 0630 Tenancy Tribunal Case 4440800 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4440800?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4440800 — net $905.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$465.75	Cleaning
Repairs: Column	$477.25	Repairs: Column
Storage costs	$1,424.00	Storage costs
__________________________________________________________________________________ 44408002 Power	$33.33	__________________________________________________________________________________ 44408002 Power
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$905.77
Total payable by Tenant to Landlord	$905.77

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Bill Finlay must pay Alina Fedorova $905.77 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,515.00 (5421261-003) to Alina Fedorova immediately.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $905.77.

Alina Fedorova must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

An earlier hearing had been set down for 8 February 2023. The tenant was unable to attend the earlier hearing and his request for attendance by telephone was not seen until after the hearing had concluded. The hearing was adjourned to today, 7 August 2023.

The landlord has applied for power, cleaning, repairs, storage, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy began on 7 November 2014 and ended on 4 November 2022. An order of the Tribunal (4343070) dated 4 July 2022 records that the parties agreed for the tenancy to terminate on 13 October 2022. Unfortunately, the tenant did not vacate on that day and instead the landlord had to seek the assistance of the court bailiff for enforcement on 4 November 2022.

How much is owed for power?

The landlord provided power invoices. The tenant’s share for power is calculated using a check meter. The landlord provided the spreadsheet which has the calculations. The amount owed for power is $33.33.

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) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean.

The amount ordered for cleaning is proved. Disposal of goods

The tenant removed most of his belongings from the premises by 22 December 2022. There are two remaining monitors which are boxed and large. According to the communication between the parties the tenant is aware that these have not been collected. He had said that he would collect these on 22 December 2022 but did not do so.

The landlord had placed the monitors in storage from 12 December 2022. The landlord has paid for the storage of these monitors each month and seeks reimbursement of the storage fees which amounts to $1,424.00. That amount is ordered.

The landlord has applied for the disposal of the monitors.

The landlord agreed on a period for the tenant to collect the goods, but the tenant failed to collect the goods within that time.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value. Repairs

The landlord seeks the costs of repairing a concrete block column at the premises. The landlord’s evidence is that the tenant was responsible for the damage to the column and had agreed to meet these costs but has not done so.

The landlord produced evidence showing that the cost of repair was $477.25 which is ordered. Loss of rent

The landlord claims loss of rent due to the tenant not removing his belongings and not leaving the premises in a clean state. She says that she was unable to advertise the premises for rent for a period of five weeks.

The landlord did not produce evidence to show that the premises could not be advertised for rent or shown to prospective tenants. The claim is therefore dismissed.

Because Alina Fedorova has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4440800 — net $905.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$465.75	Cleaning
Repairs: Column	$477.25	Repairs: Column
Storage costs	$1,424.00	Storage costs
__________________________________________________________________________________ 44408002 Power	$33.33	__________________________________________________________________________________ 44408002 Power
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$905.77
Total payable by Tenant to Landlord	$905.77

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Bill Finlay must pay Alina Fedorova $905.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,515.00 (5421261-003) to Alina Fedorova immediately.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $905.77.
Alina Fedorova must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
An earlier hearing had been set down for 8 February 2023. The tenant was unable to attend the earlier hearing and his request for attendance by telephone was not seen until after the hearing had concluded. The hearing was adjourned to today, 7 August 2023.
The landlord has applied for power, cleaning, repairs, storage, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 7 November 2014 and ended on 4 November 2022. An order of the Tribunal (4343070) dated 4 July 2022 records that the parties agreed for the tenancy to terminate on 13 October 2022. Unfortunately, the tenant did not vacate on that day and instead the landlord had to seek the assistance of the court bailiff for enforcement on 4 November 2022.

How much is owed for power?

The landlord provided power invoices. The tenant’s share for power is calculated using a check meter. The landlord provided the spreadsheet which has the calculations. The amount owed for power is $33.33.

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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean.
The amount ordered for cleaning is proved. Disposal of goods
The tenant removed most of his belongings from the premises by 22 December 2022. There are two remaining monitors which are boxed and large. According to the communication between the parties the tenant is aware that these have not been collected. He had said that he would collect these on 22 December 2022 but did not do so.
The landlord had placed the monitors in storage from 12 December 2022. The landlord has paid for the storage of these monitors each month and seeks reimbursement of the storage fees which amounts to $1,424.00. That amount is ordered.
The landlord has applied for the disposal of the monitors.
The landlord agreed on a period for the tenant to collect the goods, but the tenant failed to collect the goods within that time.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value. Repairs
The landlord seeks the costs of repairing a concrete block column at the premises. The landlord’s evidence is that the tenant was responsible for the damage to the column and had agreed to meet these costs but has not done so.
The landlord produced evidence showing that the cost of repair was $477.25 which is ordered. Loss of rent
The landlord claims loss of rent due to the tenant not removing his belongings and not leaving the premises in a clean state. She says that she was unable to advertise the premises for rent for a period of five weeks.
The landlord did not produce evidence to show that the premises could not be advertised for rent or shown to prospective tenants. The claim is therefore dismissed.
Because Alina Fedorova has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4440800 — Property damage at 11 A Sunrise Ave, North Shore 0630

At a glance

Tenancy Tribunal case 4440800 — Property damage at 11 A Sunrise Ave, North Shore 0630

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for power?

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 power?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions