What was the outcome of Tenancy Tribunal case 4522710?

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

How much money was awarded in case 4522710?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $79.99 awarded to landlord; Rent: $7,125.71 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Charges To End Of Tenancy: $151.52 awarded to landlord

What type of tenancy dispute was case 4522710?

The dispute type was not classified.

Where can I read the official tribunal order for case 4522710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401663-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4522710?

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

How much money was awarded in case 4522710?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $79.99 awarded to landlord; Rent: $7,125.71 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Charges To End Of Tenancy: $151.52 awarded to landlord

What type of tenancy dispute was case 4522710?

The dispute type was not classified.

Where can I read the official tribunal order for case 4522710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401663-Tribunal_Order.pdf.

44B Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4522710 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

44B Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4522710 — 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 4522710 — net $8,898.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 March 2023	$7,125.71	Rent to 6 March 2023
Water charges to end of tenancy	$151.52	Water charges to end of tenancy
Rubbish removal	$1,500.00	Rubbish removal
Heat pump remote	$79.99	Heat pump remote
Filing fee (this application	$20.44	Filing fee (this application
Filing fee (application 4449360	$20.44	Filing fee (application 4449360
Net award	$8,898.10
Total payable by Tenant to Landlord	$8,898.10

Claims and awards for application 4522710 — net $8,898.10 NZD. Verify on MoJ.

Rent to 6 March 2023

Amount: $7,125.71
Awarded to: Landlord
Reason: Rent to 6 March 2023

Water charges to end of tenancy

Amount: $151.52
Awarded to: Landlord
Reason: Water charges to end of tenancy

Rubbish removal

Amount: $1,500.00
Awarded to: Landlord
Reason: Rubbish removal

Heat pump remote

Amount: $79.99
Awarded to: Landlord
Reason: Heat pump remote

Filing fee (this application

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee (this application

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Preben Rothe Olsen and Martin Rothe Olsen must pay Kulothungan Sivapatham $8,898.10 immediately, calculated as shown in the table below.
This order supersedes the Tribunal’s order of 17 January 2023 (application 4449360) for enforcement purposes.

Reasons

The landlord attended the hearing today. There was no attendance by the tenants.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 17 January 2023 pursuant to an order of the Tribunal (application 4449360). The tenants did not vacate until 6 March 2023. The landlord said they left belongings behind which meant he could not relet the property.
The landlord claimed rent to 19 March 2023 in the sum of $11,600.00, being the date when the tenants finally removed their belongings.
I have considered whether the landlord has taken all reasonable steps to mitigate his loss. The landlord acted reasonably promptly in applying to the Tribunal on 13 March 2023 for an order for disposal of the tenants’ goods. He says the bailiff told him the belongings could not be removed for 30 days. The landlord said he sent lots of texts to the tenants asking them to remove their belongings. Until they did so, it was not possible to advertise the property for new tenants.
I am satisfied that the landlord took reasonable steps to mitigate his loss. However, there were no tenants ready to move into the property from 7 March 2023. The landlord might reasonably have expected the property to remain empty for a few weeks between tenancies in any case. I find that rent is payable to 6 March 2023 when the tenants left. They remain liable for rent while in occupation pursuant to section 60(1) of the Residential Tenancies Act 1986.
I award rent in the sum of $10,485.71 to 6 March 2023. Less the bond of $2,400.00 which has already been refunded to the landlord, and the sum of $960.00 which the tenants have paid through enforcement, this results in a net award for rent of $7,125.71. This order supersedes the Tribunal’s earlier order for enforcement purposes.
The landlord provided water invoices which prove the amount owing at the end of the tenancy for water ($151.52).

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.
The tenant did not remove all rubbish. There was a considerable amount of rubbish and belongings left behind at the end of the tenancy, although the exact volume is unknown.
The landlord provided a quote from 13 March 2023 for a price of $517.50 per truckload, with an estimate (based on photographs supplied) that 2-2.5 truckloads would be needed. The landlord has also obtained a quote for $3,200.00 plus GST ($3,680.00). The landlord says this was obtained more recently although the quote is undated.
The quotes are very far apart. Neither explains how they have been calculated in any detail. The most recent quote does not say if it was based on photographs or a site visit. It is reasonable to rely on the lower quote as the starting point. After considering the available evidence including the photographs, I award rubbish removal costs of $1,500.00.
The heat pump remote was missing at the end of the tenancy. I award $79.99 for the cost of a replacement. Interest
The landlord requested that interest be added to the debt. As mentioned at the hearing, the Tribunal has no jurisdiction to award interest.
I note that the eviction fee ($200.00) has been added to the debt by Civil Enforcement. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.
I also include the filing fee in application 4449360 for enforcement purposes.

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 4522710 — net $8,898.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 March 2023	$7,125.71	Rent to 6 March 2023
Water charges to end of tenancy	$151.52	Water charges to end of tenancy
Rubbish removal	$1,500.00	Rubbish removal
Heat pump remote	$79.99	Heat pump remote
Filing fee (this application	$20.44	Filing fee (this application
Filing fee (application 4449360	$20.44	Filing fee (application 4449360
Net award	$8,898.10
Total payable by Tenant to Landlord	$8,898.10

Claims and awards for application 4522710 — net $8,898.10 NZD. Verify on MoJ.

Rent to 6 March 2023

Amount: $7,125.71
Awarded to: Landlord
Reason: Rent to 6 March 2023

Water charges to end of tenancy

Amount: $151.52
Awarded to: Landlord
Reason: Water charges to end of tenancy

Rubbish removal

Amount: $1,500.00
Awarded to: Landlord
Reason: Rubbish removal

Heat pump remote

Amount: $79.99
Awarded to: Landlord
Reason: Heat pump remote

Filing fee (this application

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee (this application

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Preben Rothe Olsen and Martin Rothe Olsen must pay Kulothungan Sivapatham $8,898.10 immediately, calculated as shown in the table below.
This order supersedes the Tribunal’s order of 17 January 2023 (application 4449360) for enforcement purposes.

Reasons

The landlord attended the hearing today. There was no attendance by the tenants.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 17 January 2023 pursuant to an order of the Tribunal (application 4449360). The tenants did not vacate until 6 March 2023. The landlord said they left belongings behind which meant he could not relet the property.
The landlord claimed rent to 19 March 2023 in the sum of $11,600.00, being the date when the tenants finally removed their belongings.
I have considered whether the landlord has taken all reasonable steps to mitigate his loss. The landlord acted reasonably promptly in applying to the Tribunal on 13 March 2023 for an order for disposal of the tenants’ goods. He says the bailiff told him the belongings could not be removed for 30 days. The landlord said he sent lots of texts to the tenants asking them to remove their belongings. Until they did so, it was not possible to advertise the property for new tenants.
I am satisfied that the landlord took reasonable steps to mitigate his loss. However, there were no tenants ready to move into the property from 7 March 2023. The landlord might reasonably have expected the property to remain empty for a few weeks between tenancies in any case. I find that rent is payable to 6 March 2023 when the tenants left. They remain liable for rent while in occupation pursuant to section 60(1) of the Residential Tenancies Act 1986.
I award rent in the sum of $10,485.71 to 6 March 2023. Less the bond of $2,400.00 which has already been refunded to the landlord, and the sum of $960.00 which the tenants have paid through enforcement, this results in a net award for rent of $7,125.71. This order supersedes the Tribunal’s earlier order for enforcement purposes.
The landlord provided water invoices which prove the amount owing at the end of the tenancy for water ($151.52).

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.
The tenant did not remove all rubbish. There was a considerable amount of rubbish and belongings left behind at the end of the tenancy, although the exact volume is unknown.
The landlord provided a quote from 13 March 2023 for a price of $517.50 per truckload, with an estimate (based on photographs supplied) that 2-2.5 truckloads would be needed. The landlord has also obtained a quote for $3,200.00 plus GST ($3,680.00). The landlord says this was obtained more recently although the quote is undated.
The quotes are very far apart. Neither explains how they have been calculated in any detail. The most recent quote does not say if it was based on photographs or a site visit. It is reasonable to rely on the lower quote as the starting point. After considering the available evidence including the photographs, I award rubbish removal costs of $1,500.00.
The heat pump remote was missing at the end of the tenancy. I award $79.99 for the cost of a replacement. Interest
The landlord requested that interest be added to the debt. As mentioned at the hearing, the Tribunal has no jurisdiction to award interest.
I note that the eviction fee ($200.00) has been added to the debt by Civil Enforcement. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.
I also include the filing fee in application 4449360 for enforcement purposes.

Tenancy Tribunal case 4522710 — Tenancy dispute at 44B Kelvin Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4522710 — Tenancy dispute at 44B Kelvin Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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 and water?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions