What was the outcome of Tenancy Tribunal case 4882720?

The tribunal order states: Hamish Edward Wilson for the Estate of Patrick Wilson must pay Barfoot &

How much money was awarded in case 4882720?

Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $28.80 awarded to landlord; Rent Arrears: $1,320.00 awarded to landlord; Door: $460.00 awarded to landlord; Water Rates: $122.00 awarded to landlord

What type of tenancy dispute was case 4882720?

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

Where can I read the official tribunal order for case 4882720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618751-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4882720?

The tribunal order states: Hamish Edward Wilson for the Estate of Patrick Wilson must pay Barfoot &

How much money was awarded in case 4882720?

Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $28.80 awarded to landlord; Rent Arrears: $1,320.00 awarded to landlord; Door: $460.00 awarded to landlord; Water Rates: $122.00 awarded to landlord

What type of tenancy dispute was case 4882720?

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

Where can I read the official tribunal order for case 4882720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618751-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 3174 Great North Road, New Lynn, Auckland Tenancy Tribunal Case 4882720 — Rent arrears

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Unit/Flat 3, 3174 Great North Road, New Lynn, Auckland Tenancy Tribunal Case 4882720 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4882720 — net $329.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,320.00	Rent arrears
Carpet Cleaning	$138.00	Carpet Cleaning
Water rates	$122.00	Water rates
Lock/key replacement	$28.80	Lock/key replacement
Repairs: door	$460.00	Repairs: door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$329.24
Total payable by Tenant to Landlord	$329.24

Claims and awards for application 4882720 — net $329.24 NZD. Verify on MoJ.

Rent arrears

Amount: $1,320.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $138.00
Awarded to: Landlord
Reason: Carpet Cleaning

Water rates

Amount: $122.00
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $28.80
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: door

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: door

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Hamish Edward Wilson for the Estate of Patrick Wilson must pay Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea $329.24 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.00 (5935115-003) to Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The hearing was set down to be a case conference to assess what paperwork was needed to support or rebut the landlord’s application. Early in the hearing it became apparent that both parties wished to resolve the substantive dispute in this hearing, and so by agreement, a substantive hearing on the dispute was held.
The tenancy in question began under the respondent’s father in 2016. The respondent’s father passed away in September 2023. At that time, the respondent was an occupant, by agreement of all parties, at the tenancy address. When the respondent’s father passed away, the respondent applied to the landlord to have the tenancy agreement transferred to his name. The landlord sent, or thought they sent to the respondent the application documents for him to complete. The respondent received an email with no attachments, and the transfer of the tenancy in writing was never completed. The respondent carried on paying rent and bills for the tenancy until he decided to move out in March 2024. The end date for the tenancy was 31 March 2024. These facts are agreed by both parties.
The respondent had a question about whether or not he was liable as a tenant if he had not signed a tenancy agreement with the landlord.
A landlord has an obligation to provide a tenant with a written tenancy agreement, including certain particular information, see the Residential Tenancies Act, 1986 (the “RTA”) section 13 and 13A.
However a tenancy agreement shall not be unenforceable on the grounds that it is not in writing, see RTA section 13C.
Both parties agree there was a verbal agreement for the respondent to continue living at the premises after his father passed away, and this agreement was supported by the parties’ conduct; they each continued behaving as landlord and tenant respectively, on the same or similar terms that were established under respondent’s father’s tenancy agreement, which the respondent had also been living under at the same premises.
I am satisfied there was a verbal tenancy agreement between the applicant and the respondent, and the terms were the same as the tenancy agreement signed by the respondent’s father. How much is owed for rent, water rates and compensation.
The landlord provided a rent summary, water rates invoices, and receipts for carpet cleaning, key replacement and repairs to a door. The respondent did not dispute any of the claims or any of the amounts claimed.
The amounts ordered are proved.
Because Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4882720 — net $329.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,320.00	Rent arrears
Carpet Cleaning	$138.00	Carpet Cleaning
Water rates	$122.00	Water rates
Lock/key replacement	$28.80	Lock/key replacement
Repairs: door	$460.00	Repairs: door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$329.24
Total payable by Tenant to Landlord	$329.24

Claims and awards for application 4882720 — net $329.24 NZD. Verify on MoJ.

Rent arrears

Amount: $1,320.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $138.00
Awarded to: Landlord
Reason: Carpet Cleaning

Water rates

Amount: $122.00
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $28.80
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: door

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: door

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Hamish Edward Wilson for the Estate of Patrick Wilson must pay Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea $329.24 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.00 (5935115-003) to Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The hearing was set down to be a case conference to assess what paperwork was needed to support or rebut the landlord’s application. Early in the hearing it became apparent that both parties wished to resolve the substantive dispute in this hearing, and so by agreement, a substantive hearing on the dispute was held.
The tenancy in question began under the respondent’s father in 2016. The respondent’s father passed away in September 2023. At that time, the respondent was an occupant, by agreement of all parties, at the tenancy address. When the respondent’s father passed away, the respondent applied to the landlord to have the tenancy agreement transferred to his name. The landlord sent, or thought they sent to the respondent the application documents for him to complete. The respondent received an email with no attachments, and the transfer of the tenancy in writing was never completed. The respondent carried on paying rent and bills for the tenancy until he decided to move out in March 2024. The end date for the tenancy was 31 March 2024. These facts are agreed by both parties.
The respondent had a question about whether or not he was liable as a tenant if he had not signed a tenancy agreement with the landlord.
A landlord has an obligation to provide a tenant with a written tenancy agreement, including certain particular information, see the Residential Tenancies Act, 1986 (the “RTA”) section 13 and 13A.
However a tenancy agreement shall not be unenforceable on the grounds that it is not in writing, see RTA section 13C.
Both parties agree there was a verbal agreement for the respondent to continue living at the premises after his father passed away, and this agreement was supported by the parties’ conduct; they each continued behaving as landlord and tenant respectively, on the same or similar terms that were established under respondent’s father’s tenancy agreement, which the respondent had also been living under at the same premises.
I am satisfied there was a verbal tenancy agreement between the applicant and the respondent, and the terms were the same as the tenancy agreement signed by the respondent’s father. How much is owed for rent, water rates and compensation.
The landlord provided a rent summary, water rates invoices, and receipts for carpet cleaning, key replacement and repairs to a door. The respondent did not dispute any of the claims or any of the amounts claimed.
The amounts ordered are proved.
Because Barfoot & Thompson Limited Acting Agent For Fong Chow, Jea has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4882720 — Rent arrears at Unit/Flat 3, 3174 Great North Road, New Lynn, Auckland

At a glance

Tenancy Tribunal case 4882720 — Rent arrears at Unit/Flat 3, 3174 Great North Road, New Lynn, Auckland

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