What was the outcome of Tenancy Tribunal case 4891600?

The tribunal order states: Kaylyn Pullan must pay Online Rentals Limited T/A Ray White Hamilton As

How much money was awarded in case 4891600?

Filing Fee: $20.44 awarded to landlord; Property Damage: $155.25 awarded to landlord; Rent Arrears: $2,494.84 awarded to landlord

What type of tenancy dispute was case 4891600?

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

Where can I read the official tribunal order for case 4891600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487789-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4891600?

The tribunal order states: Kaylyn Pullan must pay Online Rentals Limited T/A Ray White Hamilton As

How much money was awarded in case 4891600?

Filing Fee: $20.44 awarded to landlord; Property Damage: $155.25 awarded to landlord; Rent Arrears: $2,494.84 awarded to landlord

What type of tenancy dispute was case 4891600?

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

Where can I read the official tribunal order for case 4891600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487789-Tenancy_Tribunal_Order.pdf.

34A Anthony Crescent, Bader, Hamilton 3206 Tenancy Tribunal Case 4891600 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4891600 — net $710.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,494.84	Rent arrears
Lock/key replacement	$155.25	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$710.53
Total payable by Tenant to Landlord	$710.53

Kaylyn Pullan must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe $710.53 immediately, being rent arrears to 23 April 2024.

The Bond Centre is to pay the bond of $1,960.00 (3205476-020) to Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend by video or answer the telephone call made by the Tribunal on the phone number provided. Rent arrears

The tenancy ended on 23 April 2024. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

The amount ordered is proved. Lock/key replacement

At the end of the tenancy, the Tenant did not return the keys. The landlord had to organise a locksmith to re-key the doors. An invoice was provided from a locksmith to substantiate the costs.

The amount ordered is proved. Removal of Tenants possessions

The Landlord applied for compensation of $345.00 to remove the Tenants possessions left at the property which included a few mattresses, broken chairs and miscellaneous items which the Landlord claimed were of no value. A photograph of the trailer loaded with the Tenants possessions and an invoice for the removal of these was provided. The photograph showed the Tenants possessions packed into the trailer so there was no visibility of the full content of the trailer. The Landlord submitted they had filed more photographs with the Tribunal which showed the actual items however the Tribunal was unable to find these in the file. The Landlord was unable to send the photographs as she was not in the office. The Landlord also submitted two emails they wrote to the Tenant advising if her possessions were not collected by 24 April 2024 and 9 May 2024, they would be disposed of. These emails were provided to the Tribunal. The Landlord was not seeking an Order to dispose of the Tenants goods as this had already been carried out. They were seeking reimbursement of the costs to dispose of the goods.

There is a process for Landlords to undertake if a Tenant leaves behind their possessions after the tenancy is terminated which is outlined in section 62 of the Residential Tenancies Act 1986 (‘RTA’). The Landlord attempted to contact the Tenant through emails asking them to collect their goods by a certain date but there was no response from the Tenant. The Landlord however did not provide sufficient evidence to show the goods were of no value for example by providing an assessment by a second hand valuer or scrap valuer. They also did not provide photographs to substantiate exactly what these possessions were to confirm they were of ‘no value’. They had an opportunity to provide these at the hearing but was unable to.

Without this evidence, there was no way for the Tribunal to adequately assess the value of the goods and whether the value was below the cost of storing, transporting and selling them to make an Order for disposal. I find that without any independent evidence to prove this, the Landlord has not disposed of the goods in compliance with the provisions of the RTA.

The claim for compensation for the removal of the goods is dismissed for this reason.

As Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe has been substantially successful with the claim the Tenant must reimburse the filing fee. The Landlord has not sought name suppression so this has not been granted.

Claims and awards in Tenancy Tribunal application 4891600 — net $710.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,494.84	Rent arrears
Lock/key replacement	$155.25	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$710.53
Total payable by Tenant to Landlord	$710.53

Order

Kaylyn Pullan must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe $710.53 immediately, being rent arrears to 23 April 2024.
The Bond Centre is to pay the bond of $1,960.00 (3205476-020) to Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend by video or answer the telephone call made by the Tribunal on the phone number provided. Rent arrears
The tenancy ended on 23 April 2024. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The amount ordered is proved. Lock/key replacement
At the end of the tenancy, the Tenant did not return the keys. The landlord had to organise a locksmith to re-key the doors. An invoice was provided from a locksmith to substantiate the costs.
The amount ordered is proved. Removal of Tenants possessions
The Landlord applied for compensation of $345.00 to remove the Tenants possessions left at the property which included a few mattresses, broken chairs and miscellaneous items which the Landlord claimed were of no value. A photograph of the trailer loaded with the Tenants possessions and an invoice for the removal of these was provided. The photograph showed the Tenants possessions packed into the trailer so there was no visibility of the full content of the trailer. The Landlord submitted they had filed more photographs with the Tribunal which showed the actual items however the Tribunal was unable to find these in the file. The Landlord was unable to send the photographs as she was not in the office. The Landlord also submitted two emails they wrote to the Tenant advising if her possessions were not collected by 24 April 2024 and 9 May 2024, they would be disposed of. These emails were provided to the Tribunal. The Landlord was not seeking an Order to dispose of the Tenants goods as this had already been carried out. They were seeking reimbursement of the costs to dispose of the goods.
There is a process for Landlords to undertake if a Tenant leaves behind their possessions after the tenancy is terminated which is outlined in section 62 of the Residential Tenancies Act 1986 (‘RTA’). The Landlord attempted to contact the Tenant through emails asking them to collect their goods by a certain date but there was no response from the Tenant. The Landlord however did not provide sufficient evidence to show the goods were of no value for example by providing an assessment by a second hand valuer or scrap valuer. They also did not provide photographs to substantiate exactly what these possessions were to confirm they were of ‘no value’. They had an opportunity to provide these at the hearing but was unable to.
Without this evidence, there was no way for the Tribunal to adequately assess the value of the goods and whether the value was below the cost of storing, transporting and selling them to make an Order for disposal. I find that without any independent evidence to prove this, the Landlord has not disposed of the goods in compliance with the provisions of the RTA.
The claim for compensation for the removal of the goods is dismissed for this reason.
As Online Rentals Limited T/A Ray White Hamilton As Agent For Aldon And Tui O'keefe has been substantially successful with the claim the Tenant must reimburse the filing fee. The Landlord has not sought name suppression so this has not been granted.

Tenancy Tribunal case 4891600 — Rent arrears at 34A Anthony Crescent, Bader, Hamilton 3206

At a glance

Tenancy Tribunal case 4891600 — Rent arrears at 34A Anthony Crescent, Bader, Hamilton 3206

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions