What was the outcome of Tenancy Tribunal case 4647172?

The tribunal order states: Jodey Jaye Waitokia is to pay Home In Place (New Zealand) Limited $20.00

How much money was awarded in case 4647172?

Smoke Alarms: $20.00 awarded to landlord

What type of tenancy dispute was case 4647172?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4647172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9642387-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4647172?

The tribunal order states: Jodey Jaye Waitokia is to pay Home In Place (New Zealand) Limited $20.00

How much money was awarded in case 4647172?

Smoke Alarms: $20.00 awarded to landlord

What type of tenancy dispute was case 4647172?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4647172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9642387-Tenancy_Tribunal_Order.pdf.

Unit/Flat 102, 325 Victoria Avenue, Whanganui, Whanganui Tenancy Tribunal Case 4647172 — Smoke alarms

Claims and awards in Tenancy Tribunal application 4647172 — net $20.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$20.00	Replace smoke alarms
Net award	$20.00
Bond	$216.00
Total payable by Tenant to Landlord	$20.00

Order

Jodey Jaye Waitokia is to pay Home In Place (New Zealand) Limited $20.00 from the bond, calculated as shown in table below.
The landlord’s claim for rent arrears was withdrawn.
The landlord’s claim for cleaning and a call out to a locksmith is dismissed.
The Bond Centre is to pay the bond of $216.00 (6409398-003) immediately apportioned as follows: Home In Place (New Zealand) Limited: $20.00 Jodey Jaye Waitokia: $196.00

Reasons

Both parties attended the hearing which took place by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the start of the hearing, I raised with the landlord the fact they had filed no photographic evidence to support their claims. All evidence for remote hearings should be filed 72 hours in advance for telephone hearings. This is set out in the notice that is sent to parties. As the landlord told me she could send me the documents immediately I permitted her five minutes in which to collate all documents and send them to me and the tenant. Given that the documents should have already been sent and she was already delaying the hearing I told her I would only permit her sending all documents once.
The landlord then sent me one document – an outgoing property inspection report with the tenant’s name on it. Later in the hearing, after it has been considered for a while, the landlord said it was the wrong report.
The hearing also had difficulties with the tenant’s telephone. The tenant expressed he had problems with his battery/charger. This meant the tenant’s phone cut out many times and he had to be re-joined to the hearing.

How much is owed for rent?

Following discussion about the landlord taking possession and a previous order of the Tribunal (when a rent claim was dismissed but not seemingly accounted for in the landlord’s rent summary) the landlord’s claim for rent arrears was withdrawn.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord says that curtain cleaning and an end of tenancy clean had to be undertaken. The tenant did not agree. There was no photographic evidence to support these claims. The landlord has not proven that the property was not left reasonably clean and tidy. This part of the claim is dismissed.
The landlord says that there was a smoke alarm at the property but this was missing at the end of the tenancy.
The tenant does not dispute there was a smoke alarm. He says in about the week before the tenancy ended the smoke alarm was beeping. He says he took it down with his friend who was there at the time. The smoke alarm said on it that it should be disposed of immediately. So, he says they put in the bin. The tenant says he did not have time to tell the landlord.
I find that the landlord has proven that a smoke alarm was in the tenancy at the start and that it was not there at the end.
The tenant should have alerted the landlord to the smoke alarm not working if this was the case. There was no contemporaneous evidence that the tenant had taken the smoke alarm down due to it beeping. On the basis of the evidence presented, I find the tenant is responsible for the replacement costs of the smoke alarm.
The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. The age and condition of the items at the start of the tenancy and their likely useful lifespan should be taken into consideration.
The landlord had no evidence as to the age of the smoke alarm. In the absence of any information indicating the age of the smoke alarm I award the landlord nominal damages of $20 for the replacement of the smoke alarm. Police request for entry – welfare check
The landlord says that a week before the tenancy ended a call was received from the police at 9.30pm at night. The police requested access to the property for a welfare check. The landlord requested their locksmith go to the property to let the police in. An invoice for $150.01 was provided from the locksmith.
The tenant says he wasn’t even at the property at the time. He says: ‘what welfare check’. During the tenant giving this explanation his telephone cut out. This had happened on numerous occasions in the hearing so I warned him when he was reconnected that he should ensure it did not cut out again. When asked to tell me more about this part of the application he became abusive and swearing. I warned him not to do this. He continued. The line to the tenant then went silent. The tenant either hung up on purpose or the telephone disconnected again.
I did not reconnect the tenant to the hearing at this point as he had been warned to moderate his language but did not do so and he had been warned about his telephone cutting out. I also considered it likely that the tenant did not want to continue to provide any further information due to the fact that he said that he had told me what he wanted to say.
The landlord then simply repeated the position that it was supporting the police once the tenant had left the hearing. The hearing then ended.
I am not satisfied that the landlord has identified a breach of the Residential Tenancies Act 1986 giving rise to compensation in these circumstances. The landlord also had no probative evidence that the police required entry.
This part of the landlord’s claim is dismissed. Filing fee
The landlord has not been substantially successful so I have not awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4647172 — net $20.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$20.00	Replace smoke alarms
Net award	$20.00
Bond	$216.00
Total payable by Tenant to Landlord	$20.00

Order

Jodey Jaye Waitokia is to pay Home In Place (New Zealand) Limited $20.00 from the bond, calculated as shown in table below.
The landlord’s claim for rent arrears was withdrawn.
The landlord’s claim for cleaning and a call out to a locksmith is dismissed.
The Bond Centre is to pay the bond of $216.00 (6409398-003) immediately apportioned as follows: Home In Place (New Zealand) Limited: $20.00 Jodey Jaye Waitokia: $196.00

Reasons

Both parties attended the hearing which took place by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the start of the hearing, I raised with the landlord the fact they had filed no photographic evidence to support their claims. All evidence for remote hearings should be filed 72 hours in advance for telephone hearings. This is set out in the notice that is sent to parties. As the landlord told me she could send me the documents immediately I permitted her five minutes in which to collate all documents and send them to me and the tenant. Given that the documents should have already been sent and she was already delaying the hearing I told her I would only permit her sending all documents once.
The landlord then sent me one document – an outgoing property inspection report with the tenant’s name on it. Later in the hearing, after it has been considered for a while, the landlord said it was the wrong report.
The hearing also had difficulties with the tenant’s telephone. The tenant expressed he had problems with his battery/charger. This meant the tenant’s phone cut out many times and he had to be re-joined to the hearing.

How much is owed for rent?

Following discussion about the landlord taking possession and a previous order of the Tribunal (when a rent claim was dismissed but not seemingly accounted for in the landlord’s rent summary) the landlord’s claim for rent arrears was withdrawn.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord says that curtain cleaning and an end of tenancy clean had to be undertaken. The tenant did not agree. There was no photographic evidence to support these claims. The landlord has not proven that the property was not left reasonably clean and tidy. This part of the claim is dismissed.
The landlord says that there was a smoke alarm at the property but this was missing at the end of the tenancy.
The tenant does not dispute there was a smoke alarm. He says in about the week before the tenancy ended the smoke alarm was beeping. He says he took it down with his friend who was there at the time. The smoke alarm said on it that it should be disposed of immediately. So, he says they put in the bin. The tenant says he did not have time to tell the landlord.
I find that the landlord has proven that a smoke alarm was in the tenancy at the start and that it was not there at the end.
The tenant should have alerted the landlord to the smoke alarm not working if this was the case. There was no contemporaneous evidence that the tenant had taken the smoke alarm down due to it beeping. On the basis of the evidence presented, I find the tenant is responsible for the replacement costs of the smoke alarm.
The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. The age and condition of the items at the start of the tenancy and their likely useful lifespan should be taken into consideration.
The landlord had no evidence as to the age of the smoke alarm. In the absence of any information indicating the age of the smoke alarm I award the landlord nominal damages of $20 for the replacement of the smoke alarm. Police request for entry – welfare check
The landlord says that a week before the tenancy ended a call was received from the police at 9.30pm at night. The police requested access to the property for a welfare check. The landlord requested their locksmith go to the property to let the police in. An invoice for $150.01 was provided from the locksmith.
The tenant says he wasn’t even at the property at the time. He says: ‘what welfare check’. During the tenant giving this explanation his telephone cut out. This had happened on numerous occasions in the hearing so I warned him when he was reconnected that he should ensure it did not cut out again. When asked to tell me more about this part of the application he became abusive and swearing. I warned him not to do this. He continued. The line to the tenant then went silent. The tenant either hung up on purpose or the telephone disconnected again.
I did not reconnect the tenant to the hearing at this point as he had been warned to moderate his language but did not do so and he had been warned about his telephone cutting out. I also considered it likely that the tenant did not want to continue to provide any further information due to the fact that he said that he had told me what he wanted to say.
The landlord then simply repeated the position that it was supporting the police once the tenant had left the hearing. The hearing then ended.
I am not satisfied that the landlord has identified a breach of the Residential Tenancies Act 1986 giving rise to compensation in these circumstances. The landlord also had no probative evidence that the police required entry.
This part of the landlord’s claim is dismissed. Filing fee
The landlord has not been substantially successful so I have not awarded the filing fee.

Tenancy Tribunal case 4647172 — Smoke alarms at Unit/Flat 102, 325 Victoria Avenue, Whanganui, Whanganui

At a glance

Tenancy Tribunal case 4647172 — Smoke alarms at Unit/Flat 102, 325 Victoria Avenue, Whanganui, Whanganui

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions