What was the outcome of Tenancy Tribunal case 4763978?

The tribunal order states: The Bond Centre is to pay the bond of $1,400.00 (3058780-029) to the landlord.

How much money was awarded in case 4763978?

Bailiff Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $130.00 awarded to landlord; Removal Of Property To Storage: $897.00 awarded to landlord; Rent Arrears: $50.00 awarded to landlord; Storage Fees: $600.00 awarded to landlord

What type of tenancy dispute was case 4763978?

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

Where can I read the official tribunal order for case 4763978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4763978?

The tribunal order states: The Bond Centre is to pay the bond of $1,400.00 (3058780-029) to the landlord.

How much money was awarded in case 4763978?

Bailiff Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $130.00 awarded to landlord; Removal Of Property To Storage: $897.00 awarded to landlord; Rent Arrears: $50.00 awarded to landlord; Storage Fees: $600.00 awarded to landlord

What type of tenancy dispute was case 4763978?

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

Where can I read the official tribunal order for case 4763978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980180-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 81 Lake Road, Frankton, Hamilton 3204 Tenancy Tribunal Case 4763978 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4763978 — net $497.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 November 2023	$50.00	Rent arrears to 23 November 2023
Lock/key replacement	$130.00	Lock/key replacement
Removal of property to storage	$897.00	Removal of property to storage
Storage fees	$600.00	Storage fees
Bailiff fees	$200.00	Bailiff fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$497.44
Total payable by Tenant to Landlord	$497.44

The Bond Centre is to pay the bond of $1,400.00 (3058780-029) to the landlord.

Olivia Poi Poi Henare must pay Online Rentals Limited as Agent for PR & M Poole Family Trust $497.44 immediately, calculated as shown in table below:

Online Rentals Limited as Agent for PR & M Poole Family Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Mr Meecham and Ms McGill appeared for the landlord. There was no appearance by the tenant.

The tenancy commenced on 13 July 2023. On 29 September 2023, the landlord filed an application seeking termination for rent arrears of more than 21 days. The application was referred to mediation and concluded. Subsequently, the tenant breached the terms of a mediated order. On 14 November 2023, the landlrod advised the tenant that the tenancy was terminated, effective 15 November 2023. However, the tenant failed to vacate the property. On 24 November 2023, the landlord, accompanied by a bailiff, attended the property to enforce eviction. The landlord claims that the tenant placed some of their possessions into their vehicle and left immediately, without returning the key.

The landlord is seeking an order for disposal of the items of property left at the premises. Additionally, the landlord is also claiming rent arrears to 23 November 2023, the cost of rekeying the lock to the front door, removing the tenant’s property into storage, storage, refund of the bond, reimbursement of the filing fee, and the bailiff’s fee. Today, the landlord has sought to add a claim for cleaning. However, this has not been brought to the attention of the tenant, and I decline to deal with the claim in this application.

The landlord has provided an up to date rent summary showing the rent arrears owing at the end of the tenancy.

The tenant has failed to leave the property upon the termination of the tenancy. Therefore, the bailiff’s eviction fee of $200.00 is awarded.

Section 40 of the Residential Tenancies Act 1986 (The “Act”) states that a tenant must return any keys provided. I am satisfied that the tenant has failed to return the key provided. The cost of re keying the lock is reasonable and awarded in full.

On 29 November 2023, the landlord advised the tenant they they had until 05 December 2023 to remove property from the premises. The landlrod has produced photographs and an itemised list of the property concerned. The tenant replied that they were unable to arrange collection by 05 December 2023 and invited the landlord to store the property as they did not wish for it to be disposed of. The landlord agreed, and on 07 December 2023, advised the tenant that doing so would incur removal and storage costs. The property was removed and placed in storage on 08 December 2023. The cost of removal is $897.00, and the first month’s storage was $200.00, payable in advance. On 12 December 2023, the tenant emailed the landlord regarding the cost of storage and address of the storage facility, stating that they would arrange collection in mid-January 2024. However , The landlord mid-January has passed, and the property remains uncollected. Accordingly, the landlord is seeking an order to dispose of the property concerned.

I am satisfied the landlord has agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time.

It is not practicable for the landlord to the return the goods to the tenant. Having considered the evidence I am of the view that the value of the goods is below the cost of further storing and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B (2) and (3) of the Act.

I am satisfied that the property was removed and stored at the request of the tenant, who has then failed to collect it. On that basis, I am satisfied that the tenant is liable for the cost of removing and storing the property. I award the landlord the cost of removal, $897.00, and storage, $600.00, from 08 December 2023 to 08 March 2024. I note that the storage fee paid on 08 February 2024, is unable to be refunded in part.

Because Online Rentals Limited as Agent for PR & M Poole Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

There has been no application for name suppression.

Order

Claims and awards in Tenancy Tribunal application 4763978 — net $497.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 November 2023	$50.00	Rent arrears to 23 November 2023
Lock/key replacement	$130.00	Lock/key replacement
Removal of property to storage	$897.00	Removal of property to storage
Storage fees	$600.00	Storage fees
Bailiff fees	$200.00	Bailiff fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$497.44
Total payable by Tenant to Landlord	$497.44

The Bond Centre is to pay the bond of $1,400.00 (3058780-029) to the landlord.

Olivia Poi Poi Henare must pay Online Rentals Limited as Agent for PR & M Poole Family Trust $497.44 immediately, calculated as shown in table below:

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Mr Meecham and Ms McGill appeared for the landlord. There was no appearance by the tenant.

The landlord has provided an up to date rent summary showing the rent arrears owing at the end of the tenancy.

The tenant has failed to leave the property upon the termination of the tenancy. Therefore, the bailiff’s eviction fee of $200.00 is awarded.

I am satisfied the landlord has agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time.

Because Online Rentals Limited as Agent for PR & M Poole Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

There has been no application for name suppression.

Tenancy Tribunal case 4763978 — Property damage at Unit/Flat 2, 81 Lake Road, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 4763978 — Property damage at Unit/Flat 2, 81 Lake Road, Frankton, Hamilton 3204

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