How much money was awarded in case 4783540?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4783540?

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

Where can I read the official tribunal order for case 4783540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259664-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4783540?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4783540?

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

Where can I read the official tribunal order for case 4783540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259664-Tenancy_Tribunal_Order.pdf.

48 Raglan Street, Lansdowne, Masterton 5810 Tenancy Tribunal Case 4783540 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4783540?

The tribunal order states: The landlord is to provide the Tribunal with a current service address for the

Order

The landlord is to provide the Tribunal with a current service address for the tenant.

The application is returned to Tenancy Services for further service.

If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.

Reasons

The tenancy ended on 30 October 2023. On 17 January 2024 the landlord filed this application with the Tribunal, seeking a range of orders as follows: a. Cleaning$672.75 b. Carpet cleaning$395.00 c. Rubbish removal$753.18 d. Wall repairs$485.88 e. Skip bin hire$360.00 f. Lawn work$75.00 g. Hob replacement$350.00 h. Rent arrears$2,115.71

The bond has already been released to the landlord ($2,000.00), so the remaining amount claimed by the landlord is $3,207.52 to be paid directly by the tenant.

The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply. If for example the application was filed within 2 months of the end of the tenancy, then under section 91A(1) of the Residential Tenancies Act 1986 (RTA) the Tribunal could have served the application at the email address for service recorded on the tenancy agreement (the tenancy agreement does not record any other service address other than email).

However, because the application was filed more than 2 months following the end of the tenancy, then section 91A(2) of the RTA applies. That provision is as follows: (2) If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.

In this case, service for this hearing has not complied with section 91A(2), meaning the tenant is not deemed to have been served, so I cannot consider this application.

I have adjourned the hearing so that the landlord can find a service address for the tenant, and then notify Tenancy Services so we can serve the tenant again at that updated address, or to undertake service that would otherwise comply with s91A(2) above.

If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.

I also confirm that I raised with the landlord today, that the landlord remains able to file evidence supporting the claim once service has been effective or dispensed with, particularly in relation to the claim for cleaning, rubbish removal, and lawn work.

Order

The landlord is to provide the Tribunal with a current service address for the tenant.
The application is returned to Tenancy Services for further service.
If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.

Reasons

The tenancy ended on 30 October 2023. On 17 January 2024 the landlord filed this application with the Tribunal, seeking a range of orders as follows: a. Cleaning$672.75 b. Carpet cleaning$395.00 c. Rubbish removal$753.18 d. Wall repairs$485.88 e. Skip bin hire$360.00 f. Lawn work$75.00 g. Hob replacement$350.00 h. Rent arrears$2,115.71
The bond has already been released to the landlord ($2,000.00), so the remaining amount claimed by the landlord is $3,207.52 to be paid directly by the tenant.
The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply. If for example the application was filed within 2 months of the end of the tenancy, then under section 91A(1) of the Residential Tenancies Act 1986 (RTA) the Tribunal could have served the application at the email address for service recorded on the tenancy agreement (the tenancy agreement does not record any other service address other than email).
However, because the application was filed more than 2 months following the end of the tenancy, then section 91A(2) of the RTA applies. That provision is as follows: (2) If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.
In this case, service for this hearing has not complied with section 91A(2), meaning the tenant is not deemed to have been served, so I cannot consider this application.
I have adjourned the hearing so that the landlord can find a service address for the tenant, and then notify Tenancy Services so we can serve the tenant again at that updated address, or to undertake service that would otherwise comply with s91A(2) above.
If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.
I also confirm that I raised with the landlord today, that the landlord remains able to file evidence supporting the claim once service has been effective or dispensed with, particularly in relation to the claim for cleaning, rubbish removal, and lawn work.

Tenancy Tribunal case 4783540 — Rent arrears at 48 Raglan Street, Lansdowne, Masterton 5810

At a glance

Tenancy Tribunal case 4783540 — Rent arrears at 48 Raglan Street, Lansdowne, Masterton 5810

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions