What was the outcome of Tenancy Tribunal case 4717349?

The tribunal order states: Danie Sydney Lupp must pay Team Group Rentals Limited $3,577.70

How much money was awarded in case 4717349?

Cleaning: $257.37 awarded to landlord; Cleaning: $475.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $266.23 awarded to landlord; Previous Order Application 4634369 D…: $1,050.88 awarded to landlord; Rubbish Removal: $1,507.78 awarded to landlord

What type of tenancy dispute was case 4717349?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4717349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679702-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4717349?

The tribunal order states: Danie Sydney Lupp must pay Team Group Rentals Limited $3,577.70

How much money was awarded in case 4717349?

Cleaning: $257.37 awarded to landlord; Cleaning: $475.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $266.23 awarded to landlord; Previous Order Application 4634369 D…: $1,050.88 awarded to landlord; Rubbish Removal: $1,507.78 awarded to landlord

What type of tenancy dispute was case 4717349?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4717349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679702-Tenancy_Tribunal_Order.pdf.

33 Middlesex Street, Levin, Levin 5510 Tenancy Tribunal Case 4717349 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4717349 — net $3,577.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4634369 dated 21/08/2023	$1,050.88	Previous order application 4634369 dated 21/08/2023
Carpet Cleaning	$257.37	Carpet Cleaning
Cleaning	$475.00	Cleaning
Rubbish removal	$1,507.78	Rubbish removal
__________________________________________________________________________________ 47173492 Lawns and Garden work	$266.23	__________________________________________________________________________________ 47173492 Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,577.70
Total payable by Tenant to Landlord	$3,577.70

Danie Sydney Lupp must pay Team Group Rentals Limited $3,577.70 immediately, calculated as shown in table below.

Team Group Rentals 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.

If the tenant has not collected his goods within 28 days of the date of this order, the landlord shall dispose of the 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 $3,577.70.

Team Group Rentals Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Any money received from the disposal may be applied to the debt owed of $3,577.70.

The cost of storage may be added to the debt owed.

The landlord may apply the rent received to the debt owed.

Any balance must then be paid to the Bond Centre who are to be provided with a copy of this order.

The landlord should speak to the bank about cancelling the ongoing payments.

Reasons

The landlord attended the hearing, represented by Ms O’Brien and Ms Witt. There was no appearance for the tenant.

This is the third order for this tenancy in the past few months. When the tenant failed to alter his rent payments following a rent increase, he fell into arrears. On 19 July 2023 an order was made for $1,594.73 in rent arrears (proceedings 4597949).

By that time the tenant was more than 21 days in arrears but the tenant had not been notified of an application for termination and so a further application was made for termination along with further rent arrears. This was granted on 21 August 2023, effective 22 August 2023. At that time an order was made incorporating the $1,594.73 of the previous July order, ordering payment of further arrears of $955,71, and a refund of the bond was also ordered, leaving a balance owing to the landlord of $1,050.88.

Just before the landlord took possession, they were notified that in fact Age Concern had taken the tenant to his GP, following which the tenant was admitted to a facility and has not returned home. The landlord is in the difficult position of having no knowledge of his whereabouts. They have been informed that he is not in contact with any family members and that there is no current Power of Attorney for him.

The owners and property managers have incurred some costs cleaning the place, removing rubbish and storing belongings for him. They have some sympathy for the tenant but without communication from anyone on his behalf, they have had to undertake the same tasks that have to be done when a tenant breaches responsibilities at the end of a tenancy, and in other circumstances the next of kin might have attended to.

In the meantime, they have continued to receive rent payments from the tenant by automatic payment.

It is important that they are relieved of any ongoing responsibility for the tenant’s belongings and any further expense and that the payments cease. Cleaning and rubbish removal

The tenancy ended on 22 August 2023. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.

The landlord understands that the tenant left the property in the clothes he was wearing and has not returned. The carpets required cleaning. They provided invoices for cleaning, rubbish removal and tidying of the grounds.

The amounts ordered are proved. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. They are currently paying to store the following goods: 1x Jaguar vehicle, not currently registered or warranted 1x hybrid Prius vehicle not current registered or warranted 1x 3-seater leather couch 1x 2-seater leather couch China cabinet Large wooden wall unit 1x flat screen tv Tv cabinet 2 queen size bedbases and headboards 4 wooden bedside tables 2 large wooden dressing table with mirror 1 large wooden dresser/drawer unit Dining table and 4 chairs Mitsubishi fridge Washing machine 1 wooden corner display unit 1 wooden bookcase 1x laptop Personal business documents and papers/records

The landlord is unable to contact the tenant. They have no idea of his whereabouts. Since 14 October they have been paying $50.00 per week to store the goods.

I have decided to make a conditional order. If the tenant has not collected the items within 28 days of the date of this order, the landlord must sell these goods at a reasonable market price. Because it will be close to Christmas, they may need to attend to that in the New Year, but in order to reduce the cost of storage, it should be attended to as soon as possible. The landlord may dispose of any goods that have no saleable value. The landlord may like to consult with a motor vehicle trader or seek legal advice about the disposal of the motor vehicles.

The landlord may deduct any amount owing including the reasonable storage costs 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).

As for ongoing receipt of rent payments, it is recommended that the landlord contact the tenant’s bank to organise cancellation of that automatic payment.

Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4717349 — net $3,577.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4634369 dated 21/08/2023	$1,050.88	Previous order application 4634369 dated 21/08/2023
Carpet Cleaning	$257.37	Carpet Cleaning
Cleaning	$475.00	Cleaning
Rubbish removal	$1,507.78	Rubbish removal
__________________________________________________________________________________ 47173492 Lawns and Garden work	$266.23	__________________________________________________________________________________ 47173492 Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,577.70
Total payable by Tenant to Landlord	$3,577.70

Order

Danie Sydney Lupp must pay Team Group Rentals Limited $3,577.70 immediately, calculated as shown in table below.
Team Group Rentals 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.
If the tenant has not collected his goods within 28 days of the date of this order, the landlord shall dispose of the 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 $3,577.70.
Team Group Rentals Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Any money received from the disposal may be applied to the debt owed of $3,577.70.
The cost of storage may be added to the debt owed.
The landlord may apply the rent received to the debt owed.
Any balance must then be paid to the Bond Centre who are to be provided with a copy of this order.
The landlord should speak to the bank about cancelling the ongoing payments.

Reasons

The landlord attended the hearing, represented by Ms O’Brien and Ms Witt. There was no appearance for the tenant.
This is the third order for this tenancy in the past few months. When the tenant failed to alter his rent payments following a rent increase, he fell into arrears. On 19 July 2023 an order was made for $1,594.73 in rent arrears (proceedings 4597949).
By that time the tenant was more than 21 days in arrears but the tenant had not been notified of an application for termination and so a further application was made for termination along with further rent arrears. This was granted on 21 August 2023, effective 22 August 2023. At that time an order was made incorporating the $1,594.73 of the previous July order, ordering payment of further arrears of $955,71, and a refund of the bond was also ordered, leaving a balance owing to the landlord of $1,050.88.
Just before the landlord took possession, they were notified that in fact Age Concern had taken the tenant to his GP, following which the tenant was admitted to a facility and has not returned home. The landlord is in the difficult position of having no knowledge of his whereabouts. They have been informed that he is not in contact with any family members and that there is no current Power of Attorney for him.
The owners and property managers have incurred some costs cleaning the place, removing rubbish and storing belongings for him. They have some sympathy for the tenant but without communication from anyone on his behalf, they have had to undertake the same tasks that have to be done when a tenant breaches responsibilities at the end of a tenancy, and in other circumstances the next of kin might have attended to.
In the meantime, they have continued to receive rent payments from the tenant by automatic payment.
It is important that they are relieved of any ongoing responsibility for the tenant’s belongings and any further expense and that the payments cease. Cleaning and rubbish removal
The tenancy ended on 22 August 2023. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The landlord understands that the tenant left the property in the clothes he was wearing and has not returned. The carpets required cleaning. They provided invoices for cleaning, rubbish removal and tidying of the grounds.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. They are currently paying to store the following goods: 1x Jaguar vehicle, not currently registered or warranted 1x hybrid Prius vehicle not current registered or warranted 1x 3-seater leather couch 1x 2-seater leather couch China cabinet Large wooden wall unit 1x flat screen tv Tv cabinet 2 queen size bedbases and headboards 4 wooden bedside tables 2 large wooden dressing table with mirror 1 large wooden dresser/drawer unit Dining table and 4 chairs Mitsubishi fridge Washing machine 1 wooden corner display unit 1 wooden bookcase 1x laptop Personal business documents and papers/records
The landlord is unable to contact the tenant. They have no idea of his whereabouts. Since 14 October they have been paying $50.00 per week to store the goods.
I have decided to make a conditional order. If the tenant has not collected the items within 28 days of the date of this order, the landlord must sell these goods at a reasonable market price. Because it will be close to Christmas, they may need to attend to that in the New Year, but in order to reduce the cost of storage, it should be attended to as soon as possible. The landlord may dispose of any goods that have no saleable value. The landlord may like to consult with a motor vehicle trader or seek legal advice about the disposal of the motor vehicles.
The landlord may deduct any amount owing including the reasonable storage costs 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).
As for ongoing receipt of rent payments, it is recommended that the landlord contact the tenant’s bank to organise cancellation of that automatic payment.
Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4717349 — Cleanliness at 33 Middlesex Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4717349 — Cleanliness at 33 Middlesex Street, Levin, Levin 5510

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