How much money was awarded in case 4618434?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4561529 D…: $3,671.03 awarded to landlord

What type of tenancy dispute was case 4618434?

The dispute type was not classified.

Where can I read the official tribunal order for case 4618434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9218088-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4618434?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4561529 D…: $3,671.03 awarded to landlord

What type of tenancy dispute was case 4618434?

The dispute type was not classified.

Where can I read the official tribunal order for case 4618434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9218088-Tenancy_Tribunal_Order.pdf.

Room 2, Unit/Flat 11F, 40 The Terrace, Wellington Central, Tenancy Tribunal Case 4618434 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4618434?

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

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Order

Claims and awards in Tenancy Tribunal application 4618434 — net $3,691.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4561529 dated 19/06/2023	$3,671.03	Previous order application 4561529 dated 19/06/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,691.47
Total payable by Tenant to Landlord	$3,691.47

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

Unilodge New Zealand Limited must store goods left at the premises by the tenant for 35 days from the date that the landlord first took possession of those goods and must promptly notify the tenant that unless collected the goods will be dealt with as outlined below.

On the expiry of that 35-day period, Unilodge New Zealand Limited must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

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 $3,691.47, calculated as shown on the table below.

Reasons

Katherine Pascoe attended the hearing for the landlord. The hearing was conducted via teleconference. Two attempts were made to contact the tenant on the number provided but these attempts went to voicemail.

I am satisfied that the tenant had notice of the time and date of the hearing, therefore the hearing proceeded in his absence.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The tenant was evicted following a termination order of the Tribunal, dated 19 June 2023. Rent arrears were also ordered and remain unpaid to date.

The landlord is unable to contact the tenant. The landlord says she has emailed, called and left voicemail messages and texted the tenant. She has received no response from the tenant to any of these efforts. She says that he had already left the premises prior to the eviction taking place. I am satisfied that all reasonable efforts have been made to contact him.

It is therefore not practicable for the landlord to the return the goods to the tenant. The landlord advised that they have the ability to store his goods at their premises without additional cost.

Some of the goods, in particular a printer and a chess set, appear have a value above the cost of storing 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.

In the case of personal documents, which I am told includes the tenant’s passport, the landlord must take these to the nearest Police station and obtain a receipt for them. DescriptionLandlordTenant Previous order application 4561529 dated 19/06/2023$3,671.03 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$3,691.47

In this case, it seems obvious that the amount the tenant owes is greater than any monies likely to be received from the sale of goods; therefore, the landlord is entitled to retain the money and must deduct it from the amount owing by the tenant. J R Smith 25 July 2023

Order

Claims and awards in Tenancy Tribunal application 4618434 — net $3,691.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4561529 dated 19/06/2023	$3,671.03	Previous order application 4561529 dated 19/06/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,691.47
Total payable by Tenant to Landlord	$3,691.47

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

The amount owing to the applicant out of the proceeds of any sale is $3,691.47, calculated as shown on the table below.

Reasons

I am satisfied that the tenant had notice of the time and date of the hearing, therefore the hearing proceeded in his absence.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The tenant was evicted following a termination order of the Tribunal, dated 19 June 2023. Rent arrears were also ordered and remain unpaid to date.

It is therefore not practicable for the landlord to the return the goods to the tenant. The landlord advised that they have the ability to store his goods at their premises without additional cost.

Some of the goods, in particular a printer and a chess set, appear have a value above the cost of storing them. The landlord must sell these goods at a reasonable market price.

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

Tenancy Tribunal case 4618434 — Tenancy dispute at Room 2, Unit/Flat 11F, 40 The Terrace, Wellington Central,

At a glance

Tenancy Tribunal case 4618434 — Tenancy dispute at Room 2, Unit/Flat 11F, 40 The Terrace, Wellington Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions