How much money was awarded in case 4636991?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,950.00 awarded to landlord

What type of tenancy dispute was case 4636991?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4636991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335912-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4636991?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,950.00 awarded to landlord

What type of tenancy dispute was case 4636991?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4636991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335912-Tenancy_Tribunal_Order.pdf.

1286 Dairy Flat Highway, Dairy Flat, RD 4, Dairy Flat 0794 Tenancy Tribunal Case 4636991 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4636991?

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 4636991 — net $5,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.8.23	$5,950.00	Rent arrears to 9.8.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,470.44
Total payable by Tenant to Landlord	$5,470.44

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

The tenancy of ERENA BRENDA DANIELS at 1286 Dairy Flat Highway, Dairy Flat, RD 4, Dairy Flat 0794 is terminated, and possession is granted to Li Qian, as at 9 August 2023.

The Bond Centre is to pay the bond of $500.00 (5969996-006) to Li Qian immediately.

ERENA BRENDA DANIELS must pay Li Qian $5,470.44 immediately, being rent arrears to 9 August 2023.

Li Qian 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 $5,470.44.

Li Qian 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 by teleconference. The landlord was represented by his daughter pursuant to earlier approval by the Tribunal. An attempt was made to contact the tenant on the telephone number provided however this was unsuccessful.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Having sighted the landlord’s rent ledger I am satisfied that the amount outstanding is payable by the tenant.

During the hearing the landlord requested further compensation for breaking the lease early. This claim must be dismissed. The rent was more than 21 days in arrears at the time the application was filed which allows the Tribunal to terminate the tenancy on application by the landlord. The landlord has also not provided an itemised breakdown of expenses associated with this.

The landlord also requested a further one weeks rent as the tenant had left some belongings behind after she moved out. I must also dismiss this claim as no evidence in support of this has been filed with the application.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. The landlord stated that the tenant left a washing machine behind which is still at the premises.

The landlord a. is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have 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.

Because Li Qian has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4636991 — net $5,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.8.23	$5,950.00	Rent arrears to 9.8.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,470.44
Total payable by Tenant to Landlord	$5,470.44

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

The tenancy of ERENA BRENDA DANIELS at 1286 Dairy Flat Highway, Dairy Flat, RD 4, Dairy Flat 0794 is terminated, and possession is granted to Li Qian, as at 9 August 2023.

The Bond Centre is to pay the bond of $500.00 (5969996-006) to Li Qian immediately.

ERENA BRENDA DANIELS must pay Li Qian $5,470.44 immediately, being rent arrears to 9 August 2023.

Li Qian 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 amount owing to the applicant out of the proceeds of any sale is $5,470.44.

Li Qian 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 has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord a. is unable to contact the tenant.

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

Because Li Qian has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4636991 — Rent arrears at 1286 Dairy Flat Highway, Dairy Flat, RD 4, Dairy Flat 0794

At a glance

Tenancy Tribunal case 4636991 — Rent arrears at 1286 Dairy Flat Highway, Dairy Flat, RD 4, Dairy Flat 0794

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions