What was the outcome of Tenancy Tribunal case 4657990?

The tribunal order states: Erik Canning Greening must pay Goode Leith Realty Ltd t/as Ray White

How much money was awarded in case 4657990?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4535733 D…: $870.44 awarded to landlord; Property Damage: $767.03 awarded to landlord; Rent Arrears: $730.62 awarded to landlord

What type of tenancy dispute was case 4657990?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4657990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9602054-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4657990?

The tribunal order states: Erik Canning Greening must pay Goode Leith Realty Ltd t/as Ray White

How much money was awarded in case 4657990?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4535733 D…: $870.44 awarded to landlord; Property Damage: $767.03 awarded to landlord; Rent Arrears: $730.62 awarded to landlord

What type of tenancy dispute was case 4657990?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4657990?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9602054-Tenancy_Tribunal_Order.pdf.

204 Marsden Point Road, Ruakaka 0116 Tenancy Tribunal Case 4657990 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 4657990 — net $2,388.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19 May – 2 June 2023	$730.62	Rent arrears 19 May – 2 June 2023
Previous order application 4535733 dated 18/05/2023	$870.44	Previous order application 4535733 dated 18/05/2023
Repairs	$767.03	Repairs
Filing fee reimbursement	$20.44	25. The landlord has been successful in this application and I will award the landlord the filing fee of $20.44.
Net award	$2,388.53
Total payable by Tenant to Landlord	$2,388.53

On 18 May 2023 the Tribunal made an order terminating the tenancy on 1 June 2023 and awarding to the landlord rent arrears to 18 May ($850.00) and the filing fee ($20.44) 1 . 1 Goode Leith Realty Ltd v Greening [2023] 4535733

This application was filed on 16 August 2023. The application seeks rent arrears to the end of the tenancy and repair costs.

The bond was released to the landlord pursuant to single party application. The bond was applied to cleaning, rubbish removal, carpet cleaning, and storage costs.

The hearing took place in Whangarei today. Ms Seymour represented the landlord. There was no appearance by the tenant. Service

Where an application is filed within two months of the end of the tenancy, the application is deemed to be served on the tenant if it is sent to the tenant’s address for service.

In this instance the tenancy agreement states that the tenant’s address for service is an email address.

This application was not filed within two months of the end of the tenancy. After two months, the address for service is no longer valid and the options for service on the tenant are far more limited 2 .

Ms Seymour submitted that the tenant is incarcerated.

Service was not effected on the tenant in this instance.

Where notice has not been served on a party, the Tribunal may direct that service be carried out by an alternative means, or the Tribunal may dispense with the requirement for service and proceed as if notice had been served.

In my view it is appropriate to dispense with the requirement for service and proceed, having regard to the following considerations: a. It will be extremely difficult for the landlord to effect service on the tenant. b. The landlord’s claims are straightforward and well evidenced. c. The delay in filing was minimal (two weeks beyond the two month period) and Ms Seymour made all reasonable efforts to remain in contact with Mr Greening. Rent arrears

The tenancy ended on 1 June.

Ms Seymour submitted that persons were still occupying the premises as at 1 June. They vacated on 2 June. 2 Section 91A(2) Residential Tenancies Act 1986 (RTA)

Tenants liable for rent for so long as they (or anyone for whom they are responsible) remains in occupation of the premises after the termination of the tenancy.

The claim for rent arrears to 2 June is proven. Damage

The was damage to the premises during the tenancy as follows: a. Large hole in wall; b. Broken door in kitchen cupboards; c. Shelving removed from tall kitchen cupboard; d. Damaged door frame.

The damage is beyond fair wear and tear.

The cost of repairs is proven. Bond

The bond was released to the landlord and applied to the following costs: a. Storage of tenant’s goods ($600.00). b. Carpet cleaning ($330.00). c. Cleaning and rubbish removal ($1,408.75).

I am satisfied that these costs are proven, and that they are fair and reasonable.

Ms Seymour’s photographs show that the premises were full of the tenant’s belongings when she took possession on 3 June. The premises could not be re-let. These belongings were removed a week later. The claim represents one week of rent.

There were three dogs at the property. Dogs were not permitted per the terms of the tenancy agreement. The claim for carpet cleaning is fair and reasonable.

Extensive cleaning and rubbish removal was necessary to return the premises to a reasonably clean and tidy condition.

The small amount of bond remaining after payment of these costs was applied to rent arrears. Filing fee

The landlord has been successful in this application and I will award the landlord the filing fee of $20.44. 26.

Claims and awards in Tenancy Tribunal application 4657990 — net $2,388.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19 May – 2 June 2023	$730.62	Rent arrears 19 May – 2 June 2023
Previous order application 4535733 dated 18/05/2023	$870.44	Previous order application 4535733 dated 18/05/2023
Repairs	$767.03	Repairs
Filing fee reimbursement	$20.44	25. The landlord has been successful in this application and I will award the landlord the filing fee of $20.44.
Net award	$2,388.53
Total payable by Tenant to Landlord	$2,388.53

Order

Erik Canning Greening must pay Goode Leith Realty Ltd t/as Ray White Whangarei (as agent for Julie O'Mara) $2,388.53 immediately, calculated as shown in table below.

Reasons

Background

On 18 May 2023 the Tribunal made an order terminating the tenancy on 1 June 2023 and awarding to the landlord rent arrears to 18 May ($850.00) and the filing fee ($20.44) 1 . 1 Goode Leith Realty Ltd v Greening [2023] 4535733
This application was filed on 16 August 2023. The application seeks rent arrears to the end of the tenancy and repair costs.
The bond was released to the landlord pursuant to single party application. The bond was applied to cleaning, rubbish removal, carpet cleaning, and storage costs.
The hearing took place in Whangarei today. Ms Seymour represented the landlord. There was no appearance by the tenant. Service
Where an application is filed within two months of the end of the tenancy, the application is deemed to be served on the tenant if it is sent to the tenant’s address for service.
In this instance the tenancy agreement states that the tenant’s address for service is an email address.
This application was not filed within two months of the end of the tenancy. After two months, the address for service is no longer valid and the options for service on the tenant are far more limited 2 .
Ms Seymour submitted that the tenant is incarcerated.
Service was not effected on the tenant in this instance.
Where notice has not been served on a party, the Tribunal may direct that service be carried out by an alternative means, or the Tribunal may dispense with the requirement for service and proceed as if notice had been served.
In my view it is appropriate to dispense with the requirement for service and proceed, having regard to the following considerations: a. It will be extremely difficult for the landlord to effect service on the tenant. b. The landlord’s claims are straightforward and well evidenced. c. The delay in filing was minimal (two weeks beyond the two month period) and Ms Seymour made all reasonable efforts to remain in contact with Mr Greening. Rent arrears
The tenancy ended on 1 June.
Ms Seymour submitted that persons were still occupying the premises as at 1 June. They vacated on 2 June. 2 Section 91A(2) Residential Tenancies Act 1986 (RTA)
Tenants liable for rent for so long as they (or anyone for whom they are responsible) remains in occupation of the premises after the termination of the tenancy.
The claim for rent arrears to 2 June is proven. Damage
The was damage to the premises during the tenancy as follows: a. Large hole in wall; b. Broken door in kitchen cupboards; c. Shelving removed from tall kitchen cupboard; d. Damaged door frame.
The damage is beyond fair wear and tear.
The cost of repairs is proven. Bond
The bond was released to the landlord and applied to the following costs: a. Storage of tenant’s goods ($600.00). b. Carpet cleaning ($330.00). c. Cleaning and rubbish removal ($1,408.75).
I am satisfied that these costs are proven, and that they are fair and reasonable.
Ms Seymour’s photographs show that the premises were full of the tenant’s belongings when she took possession on 3 June. The premises could not be re-let. These belongings were removed a week later. The claim represents one week of rent.
There were three dogs at the property. Dogs were not permitted per the terms of the tenancy agreement. The claim for carpet cleaning is fair and reasonable.
Extensive cleaning and rubbish removal was necessary to return the premises to a reasonably clean and tidy condition.
The small amount of bond remaining after payment of these costs was applied to rent arrears. Filing fee
The landlord has been successful in this application and I will award the landlord the filing fee of $20.44. 26.

Tenancy Tribunal case 4657990 — Property damage at 204 Marsden Point Road, Ruakaka 0116

At a glance

Tenancy Tribunal case 4657990 — Property damage at 204 Marsden Point Road, Ruakaka 0116

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