What was the outcome of Tenancy Tribunal case 4909207?

The tribunal order states: Clare Morahan must pay 360 Property Management Limited T/A Raywhite

How much money was awarded in case 4909207?

Bailiff: $200.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $450.00 awarded to landlord; Property Damage: $258.75 awarded to landlord; Rent Arrears: $4,267.14 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4909207?

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

Where can I read the official tribunal order for case 4909207?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10793043-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909207?

The tribunal order states: Clare Morahan must pay 360 Property Management Limited T/A Raywhite

How much money was awarded in case 4909207?

Bailiff: $200.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $450.00 awarded to landlord; Property Damage: $258.75 awarded to landlord; Rent Arrears: $4,267.14 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4909207?

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

Where can I read the official tribunal order for case 4909207?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10793043-Tenancy_Tribunal_Order.pdf.

Unit/Flat H, 1 Galatos Street, Auckland, Auckland 1010 Tenancy Tribunal Case 4909207 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4909207 — net $5,803.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,267.14	Rent arrears
Rubbish removal	$747.50	Rubbish removal
Cleaning	$600.00	Cleaning
Pest control – bed bugs and cockroaches	$450.00	Pest control – bed bugs and cockroaches
Lock/key replacement	$258.75	Lock/key replacement
Bailiff	$200.00	Bailiff
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,803.83
Total payable by Tenant to Landlord	$5,803.83

Clare Morahan must pay 360 Property Management Limited T/A Raywhite $5,803.83 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $740.00 (3412579-012) to 360 Property Management Limited T/A Raywhite immediately.

The landlord may dispose of the goods left at the premises by the tenant as the landlord sees fit.

Reasons

Only the landlord’s agent 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.

The premises was unit H at the address. When the tenant (and another person, who is since deceased) first moved in in 2012 they signed a “Boarding House Tenancy Agreement.” The tenant was the only tenant at the end of the tenancy.

The address has at least ten separate units on it. Each unit is however self- contained with its own kitchen, bathroom and living areas. A laundry is the only communal facility at the property. The property management company making this application on behalf of the landlord took over management of the premises in 2021, and as far as the landlord’s agent is aware, the units have always been self-contained units rather than boarding house rooms with shared facilities.

Given the nature of the premises, I consider the tenant entered into a tenancy agreement for a residential premise, not a boarding house.

How much is owed for rent?

The tenancy ended on 4 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 had been served with a notice terminating the tenancy on 10 May 2024, pursuant to the conditional termination clauses of the Mediator’s Order dated 10 April 2024. On 15 May 2024, when the landlord’s agent attended the premises, the tenant had not vacated. Consequently, the landlord’s agent sought the services of the Court’s bailiff, who attended the premises on 4 June 2024 along with Police, to evict the tenant.

The landlord’s agent also attended on 4 June 2024, and was present when a colleague requested the tenant provide the keys to the unit. The tenant did not respond and did not hand over the keys. The landlord’s agent gave evidence that the tenant was given 30 minutes to remove her personal items from the premises before being evicted, but the tenant only removed a handbag. The landlord’s agent has attempted to make contact with the tenant to ask her to remove her personal items but says she has been unable to do so. The unsuccessful attempts were made through the Police and Auckland City Mission.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs taken by the landlord’s agent in the days after the tenant was evicted show the unit was left unclean, with several boxes of rubbish, soiled and dirty furniture and other items in the unit. The landlord’s agent described the smell of the premises as over-whelming. The landlord’s agent said when she entered the unit it smelt mouldy and of urine. She said she had to wear a mask and cover her face with her jacket. She said she couldn’t stay inside the unit for long due to the smell. The landlord’s agent said this was the case on 4 June 2024, when the tenant was evicted, and when she returned a week or so later when the items of rubbish had been removed.

The amounts ordered are the reasonable costs of evicting the tenant from the premises, fitting new locks to the premises and returning the unit to a reasonably clean and reasonably tidy state. The amounts ordered are proved.

The landlord’s agent has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord’s agent has made efforts to contact the tenant but has not been able to. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4909207 — net $5,803.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,267.14	Rent arrears
Rubbish removal	$747.50	Rubbish removal
Cleaning	$600.00	Cleaning
Pest control – bed bugs and cockroaches	$450.00	Pest control – bed bugs and cockroaches
Lock/key replacement	$258.75	Lock/key replacement
Bailiff	$200.00	Bailiff
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,803.83
Total payable by Tenant to Landlord	$5,803.83

Order

Clare Morahan must pay 360 Property Management Limited T/A Raywhite $5,803.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $740.00 (3412579-012) to 360 Property Management Limited T/A Raywhite immediately.
The landlord may dispose of the goods left at the premises by the tenant as the landlord sees fit.

Reasons

Only the landlord’s agent 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.
The premises was unit H at the address. When the tenant (and another person, who is since deceased) first moved in in 2012 they signed a “Boarding House Tenancy Agreement.” The tenant was the only tenant at the end of the tenancy.
The address has at least ten separate units on it. Each unit is however self- contained with its own kitchen, bathroom and living areas. A laundry is the only communal facility at the property. The property management company making this application on behalf of the landlord took over management of the premises in 2021, and as far as the landlord’s agent is aware, the units have always been self-contained units rather than boarding house rooms with shared facilities.
Given the nature of the premises, I consider the tenant entered into a tenancy agreement for a residential premise, not a boarding house.

How much is owed for rent?

The tenancy ended on 4 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 had been served with a notice terminating the tenancy on 10 May 2024, pursuant to the conditional termination clauses of the Mediator’s Order dated 10 April 2024. On 15 May 2024, when the landlord’s agent attended the premises, the tenant had not vacated. Consequently, the landlord’s agent sought the services of the Court’s bailiff, who attended the premises on 4 June 2024 along with Police, to evict the tenant.
The landlord’s agent also attended on 4 June 2024, and was present when a colleague requested the tenant provide the keys to the unit. The tenant did not respond and did not hand over the keys. The landlord’s agent gave evidence that the tenant was given 30 minutes to remove her personal items from the premises before being evicted, but the tenant only removed a handbag. The landlord’s agent has attempted to make contact with the tenant to ask her to remove her personal items but says she has been unable to do so. The unsuccessful attempts were made through the Police and Auckland City Mission.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs taken by the landlord’s agent in the days after the tenant was evicted show the unit was left unclean, with several boxes of rubbish, soiled and dirty furniture and other items in the unit. The landlord’s agent described the smell of the premises as over-whelming. The landlord’s agent said when she entered the unit it smelt mouldy and of urine. She said she had to wear a mask and cover her face with her jacket. She said she couldn’t stay inside the unit for long due to the smell. The landlord’s agent said this was the case on 4 June 2024, when the tenant was evicted, and when she returned a week or so later when the items of rubbish had been removed.
The amounts ordered are the reasonable costs of evicting the tenant from the premises, fitting new locks to the premises and returning the unit to a reasonably clean and reasonably tidy state. The amounts ordered are proved.
The landlord’s agent has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord’s agent has made efforts to contact the tenant but has not been able to. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Tenancy Tribunal case 4909207 — Rent arrears at Unit/Flat H, 1 Galatos Street, Auckland, Auckland 1010

At a glance

Tenancy Tribunal case 4909207 — Rent arrears at Unit/Flat H, 1 Galatos Street, Auckland, Auckland 1010

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions