How much money was awarded in case 4658111?

Cleaning: $45.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $188.57 awarded to landlord

What type of tenancy dispute was case 4658111?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4658111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9543027-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4658111?

Cleaning: $45.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $188.57 awarded to landlord

What type of tenancy dispute was case 4658111?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4658111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9543027-Tenancy_Tribunal_Order.pdf.

Room 19, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inge's Tenancy Tribunal Case 4658111 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4658111?

The tribunal order states: An application for suppression has been made in this case by the tenant, but

Order

Claims and awards in Tenancy Tribunal application 4658111 — net $254.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/11/2022	$188.57	Rent arrears to 16/11/2022
Cleaning	$45.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$254.01
Bond	$920.00
Total payable by Tenant to Landlord	$254.01

An application for suppression has been made in this case by the tenant, but the Tribunal declines to order suppression of the tenant name and identifying details because they were unsuccessful with their claim.

David Gerald Collins and Annetta Rug are liable to pay Purple Properties Limited $254.01 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $920.00 (6268712-004) immediately apportioned as follows: Purple Properties Limited: $254.01 David Gerald Collins: $665.99

The application by the tenant for refund of overpaid rent and exemplary damages is dismissed.

Reasons

The landlord and Mr Collins attended both hearings.

The tenant sought refund of overpaid rent of $1,320.00 and maximum exemplary damages for an unlawful eviction and inspection without notice.

The landlord cross applied for rent arrears, compensation, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was a boarding house tenancy from 3/8/2022 until 28/9/2022. Was the landlords’ notice invalid?

Mr Collins claims that the landlord gave him an invalid notice which meant he was unable to return to the premises after having been arrested.

The tenant claimed maximum exemplary damages of $6,500.00.

On 5/9/2022 the landlord issued a notice to Mr Collins terminating his tenancy with 48 hours notice, on the grounds of threatening to “kill another person”.

Mr Collins disputed the alleged threat and suggested that the landlord had maliciously involved the Police in order to have him removed from the premises.

The landlord submitted that she had not called the Police but did issue the notice when she became aware of the threat and other behaviour of the tenant.

Section 66U sets out how the landlord of a boarding house may terminate a boarding house tenancy.

Subsection 1(a) provides a landlord may terminate a tenancy immediately if the tenant has, among other matters, endangered or threatened to endanger people or property.

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.

Breaching this obligation without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.

I find the landlord’s notice was not invalid and the landlord has not committed an unlawful act.

I am persuaded by the evidence of the landlord that the complaint to the Police did not come from her.

Mr Collins has not provided any evidence from the other tenant to support his position about where the complaint originated.

Moreover, he indicated that he had been convicted after pleading guilty, albeit that he is now considering an appeal.

The claim for exemplary damages fails.

Although the tenant initially suggested that the landlord inspected the premises without notice, he did not pursue this claim at the rescheduled hearing and provided no evidence.

How much is owed for rent?

I am satisfied from the evidence that the tenancy ended on 16/11/2022, when the second tenant vacated the premises.

The landlord provided rent records which support the amount owing at the end of the tenancy.

I am not persuaded by the evidence provided by the tenant that there had been an overpayment of rent of $1,320.00.

Nor am I satisfied that the landlord had attempted, as suggested by the tenant, to “pervert the course” of justice by altering the accounts or asking for any more of the bond than she was entitled to.

In particular I accept the evidence of the landlord that when one tenant left the rent for the room reduced to $200.00 from $230.00.

Further that the extra payments which continued at the rate of $230.00 for several weeks were credited to rent arrears and that the tenant changed her mind about when she wanted to leave which altered the bond refund amount.

The claim by the tenant for overpaid rent fails.

Did the tenants 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 66M Residential Tenancies Act 1986.

The landlord claimed cleaning costs of $45.00.

In support of the claim the landlord provided photographs and an invoice.

The tenant did not dispute the cleaning costs.

I am persuaded that the tenant did not leave the premises reasonably clean and tidy.

An award has been made from the bond for the amount claimed.

The balance of the bond is refunded to the tenant.

As the landlord has wholly succeeded with the claim, I must award the filing fee.

Claims and awards in Tenancy Tribunal application 4658111 — net $254.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/11/2022	$188.57	Rent arrears to 16/11/2022
Cleaning	$45.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$254.01
Bond	$920.00
Total payable by Tenant to Landlord	$254.01

Order

An application for suppression has been made in this case by the tenant, but the Tribunal declines to order suppression of the tenant name and identifying details because they were unsuccessful with their claim.
David Gerald Collins and Annetta Rug are liable to pay Purple Properties Limited $254.01 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $920.00 (6268712-004) immediately apportioned as follows: Purple Properties Limited: $254.01 David Gerald Collins: $665.99
The application by the tenant for refund of overpaid rent and exemplary damages is dismissed.

Reasons

The landlord and Mr Collins attended both hearings.
The tenant sought refund of overpaid rent of $1,320.00 and maximum exemplary damages for an unlawful eviction and inspection without notice.
The landlord cross applied for rent arrears, compensation, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was a boarding house tenancy from 3/8/2022 until 28/9/2022. Was the landlords’ notice invalid?
Mr Collins claims that the landlord gave him an invalid notice which meant he was unable to return to the premises after having been arrested.
The tenant claimed maximum exemplary damages of $6,500.00.
On 5/9/2022 the landlord issued a notice to Mr Collins terminating his tenancy with 48 hours notice, on the grounds of threatening to “kill another person”.
Mr Collins disputed the alleged threat and suggested that the landlord had maliciously involved the Police in order to have him removed from the premises.
The landlord submitted that she had not called the Police but did issue the notice when she became aware of the threat and other behaviour of the tenant.
Section 66U sets out how the landlord of a boarding house may terminate a boarding house tenancy.
Subsection 1(a) provides a landlord may terminate a tenancy immediately if the tenant has, among other matters, endangered or threatened to endanger people or property.
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching this obligation without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
I find the landlord’s notice was not invalid and the landlord has not committed an unlawful act.
I am persuaded by the evidence of the landlord that the complaint to the Police did not come from her.
Mr Collins has not provided any evidence from the other tenant to support his position about where the complaint originated.
Moreover, he indicated that he had been convicted after pleading guilty, albeit that he is now considering an appeal.
The claim for exemplary damages fails.
Although the tenant initially suggested that the landlord inspected the premises without notice, he did not pursue this claim at the rescheduled hearing and provided no evidence.

How much is owed for rent?

I am satisfied from the evidence that the tenancy ended on 16/11/2022, when the second tenant vacated the premises.
The landlord provided rent records which support the amount owing at the end of the tenancy.
I am not persuaded by the evidence provided by the tenant that there had been an overpayment of rent of $1,320.00.
Nor am I satisfied that the landlord had attempted, as suggested by the tenant, to “pervert the course” of justice by altering the accounts or asking for any more of the bond than she was entitled to.
In particular I accept the evidence of the landlord that when one tenant left the rent for the room reduced to $200.00 from $230.00.
Further that the extra payments which continued at the rate of $230.00 for several weeks were credited to rent arrears and that the tenant changed her mind about when she wanted to leave which altered the bond refund amount.
The claim by the tenant for overpaid rent fails.

Did the tenants 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 66M Residential Tenancies Act 1986.
The landlord claimed cleaning costs of $45.00.
In support of the claim the landlord provided photographs and an invoice.
The tenant did not dispute the cleaning costs.
I am persuaded that the tenant did not leave the premises reasonably clean and tidy.
An award has been made from the bond for the amount claimed.
The balance of the bond is refunded to the tenant.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Tenancy Tribunal case 4658111 — Rent arrears at Room 19, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inge's

At a glance

Tenancy Tribunal case 4658111 — Rent arrears at Room 19, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inge's

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants 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

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions