What was the outcome of Tenancy Tribunal case 4885647?

The tribunal order states: Rebecca Clark must pay Barfoot & Thompson Limited As Agent For Pala,

How much money was awarded in case 4885647?

Dump Fees: $251.49 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $264.50 awarded to landlord; Rent Arrears: $4,551.43 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Trailer Hire: $65.00 awarded to landlord; Water Rates: $668.35 awarded to landlord

What type of tenancy dispute was case 4885647?

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

Where can I read the official tribunal order for case 4885647?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10673203-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4885647?

The tribunal order states: Rebecca Clark must pay Barfoot & Thompson Limited As Agent For Pala,

How much money was awarded in case 4885647?

Dump Fees: $251.49 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $264.50 awarded to landlord; Rent Arrears: $4,551.43 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Trailer Hire: $65.00 awarded to landlord; Water Rates: $668.35 awarded to landlord

What type of tenancy dispute was case 4885647?

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

Where can I read the official tribunal order for case 4885647?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10673203-Tenancy_Tribunal_Order.pdf.

12 Finlayson Avenue, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4885647 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4885647 — net $3,641.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,551.43	Rent arrears
Water rates	$668.35	Water rates
Garage window repair	$264.50	Garage window repair
Rubbish removal - labour	$300.00	Rubbish removal - labour
Trailer hire	$65.00	Trailer hire
Dump fees	$251.49	Dump fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,641.21
Total payable by Tenant to Landlord	$3,641.21

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties agree that the tenancy ended on 10 April 2024, after the landlord enforced the termination provisions of a conditional termination Order made on 12 March 2024 (application 4789618).

The March order fixed the arrears owing as at 14 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing since then.

The landlord provided records and Watercare invoices proving the amount of water rates owed to the end of the tenancy. The tenant does not dispute the rent and water rates claimed.

The landlord claims compensation for the $200.00 bailiff’s fee. While that is a cost arising from the tenant’s breach, it is a cost charged to the tenant by District Court collections and there is a risk of the tenant being charged twice if also included in the Tribunal Order.

The landlord claims the cost of replacing locks at the premises as the tenant did not return the keys. The tenant says that her mother works for the landlord and that she returned the keys to the landlord, through her mother, on the last day of the tenancy.

The landlord acknowledges that as a matter of policy it would have had the locks changed and incurred the same cost, whether the tenant had returned the keys or not. Therefore, that is not a loss caused by the tenant’s breach and the claim for compensation is declined.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant acknowledges that rubbish was left at the premises which she was unable to dispose of. The landlord has produced transfer station receipts showing two trips, at a total cost of $251.49. That indicates that a sizeable quantity of material had to be disposed of.

The invoice provided includes a combined labour charge for rubbish removal and cleaning at the premises.

The evidence available does not prove that the tenant breached her obligation to leave the premises reasonably clean and tidy. I have estimated the portion of the labour costs that are attributable to removal of rubbish from the property as indicated by the photographs and transfer station receipts.

The landlord is entitled to compensation for the cost of trailer hire and the transfer station fees as proved by the receipts provided.

Is the tenant responsible for the damage to the premises?

The tenant accepts responsibility for repair of a broken window in the garage. The repair cost is identified in the invoice provided.

The evidence does not prove that wall damage occurred during the tenancy. That claim is declined.

There was some discussion at eh hearing regarding arrangements for payment of the sum due but the parties did not reach agreement.

Because Barfoot & Thompson Limited as Agent for Pala Vinesh has had claims upheld I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4885647 — net $3,641.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,551.43	Rent arrears
Water rates	$668.35	Water rates
Garage window repair	$264.50	Garage window repair
Rubbish removal - labour	$300.00	Rubbish removal - labour
Trailer hire	$65.00	Trailer hire
Dump fees	$251.49	Dump fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,641.21
Total payable by Tenant to Landlord	$3,641.21

Order

Rebecca Clark must pay Barfoot & Thompson Limited As Agent For Pala, Vinesh $3,641.21 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (3166992-006) to Barfoot & Thompson Limited As Agent For Pala, Vinesh immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties agree that the tenancy ended on 10 April 2024, after the landlord enforced the termination provisions of a conditional termination Order made on 12 March 2024 (application 4789618).
The March order fixed the arrears owing as at 14 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing since then.
The landlord provided records and Watercare invoices proving the amount of water rates owed to the end of the tenancy. The tenant does not dispute the rent and water rates claimed.
The landlord claims compensation for the $200.00 bailiff’s fee. While that is a cost arising from the tenant’s breach, it is a cost charged to the tenant by District Court collections and there is a risk of the tenant being charged twice if also included in the Tribunal Order.
The landlord claims the cost of replacing locks at the premises as the tenant did not return the keys. The tenant says that her mother works for the landlord and that she returned the keys to the landlord, through her mother, on the last day of the tenancy.
The landlord acknowledges that as a matter of policy it would have had the locks changed and incurred the same cost, whether the tenant had returned the keys or not. Therefore, that is not a loss caused by the tenant’s breach and the claim for compensation is declined.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant acknowledges that rubbish was left at the premises which she was unable to dispose of. The landlord has produced transfer station receipts showing two trips, at a total cost of $251.49. That indicates that a sizeable quantity of material had to be disposed of.
The invoice provided includes a combined labour charge for rubbish removal and cleaning at the premises.
The evidence available does not prove that the tenant breached her obligation to leave the premises reasonably clean and tidy. I have estimated the portion of the labour costs that are attributable to removal of rubbish from the property as indicated by the photographs and transfer station receipts.
The landlord is entitled to compensation for the cost of trailer hire and the transfer station fees as proved by the receipts provided.

Is the tenant responsible for the damage to the premises?

The tenant accepts responsibility for repair of a broken window in the garage. The repair cost is identified in the invoice provided.
The evidence does not prove that wall damage occurred during the tenancy. That claim is declined.
There was some discussion at eh hearing regarding arrangements for payment of the sum due but the parties did not reach agreement.
Because Barfoot & Thompson Limited as Agent for Pala Vinesh has had claims upheld I must reimburse the filing fee.

Tenancy Tribunal case 4885647 — Rent arrears at 12 Finlayson Avenue, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4885647 — Rent arrears at 12 Finlayson Avenue, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions