What was the outcome of Tenancy Tribunal case 4908853?

The tribunal order states: Ajax Benjamin Rose must pay Waitakere Young Musicians 202 Trustee Limited

How much money was awarded in case 4908853?

Filing Fee: $20.44 awarded to landlord; Tyre Removal: $1,749.15 awarded to landlord

What type of tenancy dispute was case 4908853?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205936-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4908853?

The tribunal order states: Ajax Benjamin Rose must pay Waitakere Young Musicians 202 Trustee Limited

How much money was awarded in case 4908853?

Filing Fee: $20.44 awarded to landlord; Tyre Removal: $1,749.15 awarded to landlord

What type of tenancy dispute was case 4908853?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205936-Tribunal_Order.pdf.

159A Scenic Drive, Titirangi, Auckland 0604 Tenancy Tribunal Case 4908853 — Tenancy dispute

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159A Scenic Drive, Titirangi, Auckland 0604 Tenancy Tribunal Case 4908853 — Tenancy dispute | 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 4908853 — net $1,769.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Tyre removal	$1,749.15	Tyre removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,769.59
Total payable by Tenant to Landlord	$1,769.59

Claims and awards for application 4908853 — net $1,769.59 NZD. Verify on MoJ.

Tyre removal

Amount: $1,749.15
Awarded to: Landlord
Reason: Tyre removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,769.59

Total payable by Tenant to Landlord

Landlord $1,769.59

Claim types — money lines allowed on this order

Filing Fee

Order

Ajax Benjamin Rose must pay Waitakere Young Musicians 202 Trustee Limited $1,769.59 immediately.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation for removal of tyres from the tenancy.
The hearing held on 9 October 2024 was adjourned for the landlord to arrange for the tyres to be removed and produce an invoice for that work which is to accurately record the number of tyres involved.
The landlord produced an invoice dated 28 August 2024 from Always Digging and Excavating. That invoice is for $22,252.50. It is for locating and excavating 810 tyres and the invoice lists 101 units (presumably hours) of machine hire and 88 units of labour. At the hearing the landlord said that none of the tyres have been removed and instead the area where the tyres were located has been excavated and the tyres moved. The landlord said that the work was carried out from August to November 2024 and yet the invoice is dated 28 August 2024.
At the earlier hearing the landlord produced a quote from J & J Laughton dated 23 September 2024 for 430 tyres amounting to $1,749.15. The invoice contains a handwritten note that “quantities estimate only, subject to change”.
The tenant said that other people occupying the land where the tenancy is located had also put tyres in the area. He also said that a friend of his had removed the tyres around June this year but there is no evidence of that, and the landlord does not agree with this.
The tenant signed a document dated 29 August 2022 which states, “As we discussed in our recent conversation you agreed to sign a document which acknowledges that you accept responsibility for removing all the tyres that you placed in the areas known as the pecan paddock and the swamp”.
There is conflicting evidence in relation to the number of tyres placed on the premises by the tenant. It is not clear that the tenant alone is responsible for all the tyres or the number of tyres. However, I am prepared to make an order for removal of 430 tyres as quoted on 23 September 2024.
Because Waitakere Young Musicians 202 Trustee Limited has substantially succeeded with the claim I have reimbursed 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 4908853 — net $1,769.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Tyre removal	$1,749.15	Tyre removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,769.59
Total payable by Tenant to Landlord	$1,769.59

Claims and awards for application 4908853 — net $1,769.59 NZD. Verify on MoJ.

Tyre removal

Amount: $1,749.15
Awarded to: Landlord
Reason: Tyre removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,769.59

Total payable by Tenant to Landlord

Landlord $1,769.59

Claim types — money lines allowed on this order

Filing Fee

Order

Ajax Benjamin Rose must pay Waitakere Young Musicians 202 Trustee Limited $1,769.59 immediately.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for compensation for removal of tyres from the tenancy.
The hearing held on 9 October 2024 was adjourned for the landlord to arrange for the tyres to be removed and produce an invoice for that work which is to accurately record the number of tyres involved.
The landlord produced an invoice dated 28 August 2024 from Always Digging and Excavating. That invoice is for $22,252.50. It is for locating and excavating 810 tyres and the invoice lists 101 units (presumably hours) of machine hire and 88 units of labour. At the hearing the landlord said that none of the tyres have been removed and instead the area where the tyres were located has been excavated and the tyres moved. The landlord said that the work was carried out from August to November 2024 and yet the invoice is dated 28 August 2024.
At the earlier hearing the landlord produced a quote from J & J Laughton dated 23 September 2024 for 430 tyres amounting to $1,749.15. The invoice contains a handwritten note that “quantities estimate only, subject to change”.
The tenant said that other people occupying the land where the tenancy is located had also put tyres in the area. He also said that a friend of his had removed the tyres around June this year but there is no evidence of that, and the landlord does not agree with this.
The tenant signed a document dated 29 August 2022 which states, “As we discussed in our recent conversation you agreed to sign a document which acknowledges that you accept responsibility for removing all the tyres that you placed in the areas known as the pecan paddock and the swamp”.
There is conflicting evidence in relation to the number of tyres placed on the premises by the tenant. It is not clear that the tenant alone is responsible for all the tyres or the number of tyres. However, I am prepared to make an order for removal of 430 tyres as quoted on 23 September 2024.
Because Waitakere Young Musicians 202 Trustee Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4908853 — Tenancy dispute at 159A Scenic Drive, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 4908853 — Tenancy dispute at 159A Scenic Drive, Titirangi, Auckland 0604

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