What was the outcome of Tenancy Tribunal case 4863600?

The tribunal order states: The tenancy of Gaynarlee Thompson and Arran Galpin at Flat 1, 63 Kamo

How much money was awarded in case 4863600?

Cleaning: $60.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,692.86 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 4863600?

The primary dispute was Rent arrears. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4863600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10429723-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4863600?

The tribunal order states: The tenancy of Gaynarlee Thompson and Arran Galpin at Flat 1, 63 Kamo

How much money was awarded in case 4863600?

Cleaning: $60.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,692.86 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 4863600?

The primary dispute was Rent arrears. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4863600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10429723-Tenancy_Tribunal_Order.pdf.

Flat 1, 63 Kamo Road, Regent, Whangarei 0112 Tenancy Tribunal Case 4863600 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4863600 — net $4,813.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$4,692.86	Rent arrears to 7 June 2024
Cleaning	$60.00	The claim for two hours of cleaning is fair and reasonable.
Replace smoke alarms	$40.00	15. It is an unlawful act for a tenant to remove smoke alarms.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,813.30
Total payable by Tenant to Landlord	$4,813.30

The tenancy of Gaynarlee Thompson and Arran Galpin at Flat 1, 63 Kamo Road, Regent, Whangarei 0112 is terminated, and possession is granted to Kristy MacDonald and Matt MacDonald immediately.

Gaynarlee Thompson and Arran Galpin must pay Kristy MacDonald and Matt MacDonald $4,813.30 immediately, calculated as shown in the table below.

Kristy MacDonald and Matt MacDonald must make all reasonable efforts to contact the tenants and allow the tenants to retrieve their belongings. It the tenants have not removed their belongings, or made an acceptable arrangement to remove them, by 13 July 2024, the landlords: a. 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. b. May dispose of the other goods left at the premises by the tenant as they see fit.

Reasons

Background

The tenancy began on 27 March 2024.

The tenants were required to pay a bond of $1,800.00 for the tenancy. No bond was paid.

The landlords have not received any rent payments at all.

The application sought termination of the tenancy and rent arrears.

The hearing took place in Whangarei on 7 June 2024. Mr & Mrs MacDonald attended the hearing. There was no appearance by Ms Thompson or Mr Galpin. Findings

If the rent is at least 21-days in arrears on the date that the landlord makes an application to the Tribunal seeking termination of the tenancy, the Tribunal must make an order terminating the tenancy 1 .

The rent was 21-days in arrears when the landlords filed this application.

Ms Thompson sent Mrs MacDonald a message stating that she would vacate the property on Friday 1 June. Mrs MacDonald replied that this was OK, provided that Ms Thompson left the flat clean and left her key behind.

Mrs MacDonald arrived at the property on Saturday 2 June. The flat was very untidy. Ms Thompson’s belongings were still there. There was no key.

Mrs MacDonald sent Ms Thompson a message. Ms Thompson replied, asking to have until 11am the next day, Sunday 3 June. Mrs MacDonald replied that they would pack up Ms Thompson’s belongings and she could collect them before 11am on Sunday. Ms Thompson did not show up on the Sunday, and she has not replied to any of Mrs MacDonald’s messages since then.

Tenants must give the landlord 28 days’ notice to terminate a tenancy. Mrs MacDonald was willing to waive that notice requirement, but only on the condition that Ms Thompson left the flat clean and returned her key, which she failed to do. Therefore, the tenancy did not end on Friday 1 June 2024.

Ms Thompson and Mr Galpin remain liable for rent to the date of termination which is today, 7 June 2024. 1 Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”)

The landlords seek compensation for two hours of cleaning. Tenants must keep the premises in a reasonably clean and tidy condition. Ms Thompson failed to meet that duty. The claim for two hours of cleaning is fair and reasonable.

Smoking was not permitted in the premises per the terms of the tenancy agreement. Mrs MacDonald found cigarette butts strewn on the floor of the flat. Both of the smoke alarms were missing.

It is an unlawful act for a tenant to remove smoke alarms. Exemplary damages of up to $4,000.00 can apply. The landlords are not seeking exemplary damages in this instance. Their only claim is for replacement of the two missing alarms at $20.00 each. The claim is proven.

Mr & Mrs MacDonald are currently storing the tenants’ belongings at the premises.

There is a bed, a fridge, a coffee table, and various household items (mostly clothes).

Mr & Mrs MacDonald will make all reasonable efforts to contact the tenants and allow them to retrieve the belongings.

Based on Mr & Mrs MacDonald’s description of the items, I am satisfied that they have no realisable market value beyond the reasonable cost of storage.

If the tenants have not removed the items or made an acceptable arrangement for their removal by Saturday 13 July 2024, the landlords: a. Must take any personal documents belonging to the tenants (if any) to the nearest Police station and obtain a receipt for them from a Police employee 2 . b. May dispose of any other items as they see fit.

The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.

Order

Claims and awards in Tenancy Tribunal application 4863600 — net $4,813.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$4,692.86	Rent arrears to 7 June 2024
Cleaning	$60.00	The claim for two hours of cleaning is fair and reasonable.
Replace smoke alarms	$40.00	15. It is an unlawful act for a tenant to remove smoke alarms.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,813.30
Total payable by Tenant to Landlord	$4,813.30