What was the outcome of Tenancy Tribunal case 4963656?

The tribunal order states: Oliver Antonio Benavides Bustos must pay Graham Maples $2,337.00

How much money was awarded in case 4963656?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,850.00 awarded to landlord

What type of tenancy dispute was case 4963656?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4963656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141576-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4963656?

The tribunal order states: Oliver Antonio Benavides Bustos must pay Graham Maples $2,337.00

How much money was awarded in case 4963656?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,850.00 awarded to landlord

What type of tenancy dispute was case 4963656?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4963656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141576-Tenancy_Tribunal_Order.pdf.

30 Regent Street, Devonport, Auckland 0624 Tenancy Tribunal Case 4963656 — Rent arrears

Claims and awards in Tenancy Tribunal application 4963656 — net $2,337.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,850.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,337.00
Total payable by Tenant to Landlord	$2,337.00

Order

Oliver Antonio Benavides Bustos must pay Graham Maples $2,337.00 immediately, being rent arrears to 20 July 2024 and reimbursement of the filing fee as calculated and set out below: DescriptionLandlord Rent arrears$3,850.00 Filing fee reimbursement$27.00 Total award$3,877.00 Bond$1,540.00 Total payable by Tenant to Landlord$2,337.00
The Bond Centre is to pay the bond of $1,540.00 () to Graham Maples immediately.
The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing. This is a claim and counter claim.
The landlord has applied for rent arrears, refund of bond and filing fee. The tenant has disputed the amount of rent arrears he should pay and claiming compensation for loss of a storage area in the garage at the property.
This was a fixed term tenancy for 12 months that commenced on 21 October 2023. On 19 June 2024, the tenant advised the landlord that he needed to break his fixed term tenancy as he could no longer afford the weekly rent payments.
It was not disputed by the tenant that he and the landlord discussed terminating the tenancy early. The tenant also accepts that the landlord advised him that he would release the tenant from the fixed term tenancy early, but that he would have to pay for the rent until a new tenancy starts.
A new tenancy started 4 weeks after the tenant left the property, on 20 July 2024. The landlord seeks the five weeks rent of $3850.00 which reflects rent from the 13 July 2024 to the 17 August 2024. Landlord claims: Rent arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount of $3850.00 owing till the start of the new tenancy on 17 August 2024.
I am satisfied that the landlord has proven their claim for the rent arrears.
The tenant does not want to pay the additional money, but having found the rent arrears proven, he must pay the arrears.
The bond of $1540.00 is to be refunded to the landlord immediately from the Bond Centre, to offset the debt owed by the tenant to the landlord. Tenant claim:
I have already deal with one of the tenants claims and that is he does not wish to pay additional rent once he had left the property. I find the tenant is obliged to pay the outstanding rent arrears of $3850.00.
The second part of the tenant’s claim was that he sought compensation for the loss of the storage facility at the property and the inconvenience to him going back and forth daily to a storage unit offsite.
Prior to viewing the property, the landlord advised the tenant that they were having work done on the garage. The landlord stated that it will take approximately 3 weeks to carry out the scope of the work. After the work was done the tenancy would include the storage unit in the garage. It was accepted that there was no garage provided with the tenancy to park a car in. Off street parking was provided by a concrete driveway attached to the house.
The work ended up taking three weeks but spread out over 6 months. As a result of the tenant complaining about the loss of the storage area the landlord paid $1395.00 for a storage unit for 5 months to make up for the ongoing building in the garage.
There were no claims for breach of quiet enjoyment, just loss of utilities and inconvenience travelling to and from the storage unit daily to safely store his work tools.
The landlord also paid a one-off sum of $250.00 for the inconvenience of going to and from the storage unit.
I accept the tenants claim that he has had a loss of utility by not having the storage area in the garage that was part of the tenancy. However, I believe he has been fully compensated for the loss of utility. Effectively the landlord had paid the tenant the sum of $1645.00 compensation for the loss of the storage area.
I am not satisfied that the tenant has proven his claims and therefore I am dismissing them.
Because Graham Maples has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4963656 — net $2,337.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,850.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,337.00
Total payable by Tenant to Landlord	$2,337.00

Order

Oliver Antonio Benavides Bustos must pay Graham Maples $2,337.00 immediately, being rent arrears to 20 July 2024 and reimbursement of the filing fee as calculated and set out below: DescriptionLandlord Rent arrears$3,850.00 Filing fee reimbursement$27.00 Total award$3,877.00 Bond$1,540.00 Total payable by Tenant to Landlord$2,337.00
The Bond Centre is to pay the bond of $1,540.00 () to Graham Maples immediately.
The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing. This is a claim and counter claim.
The landlord has applied for rent arrears, refund of bond and filing fee. The tenant has disputed the amount of rent arrears he should pay and claiming compensation for loss of a storage area in the garage at the property.
This was a fixed term tenancy for 12 months that commenced on 21 October 2023. On 19 June 2024, the tenant advised the landlord that he needed to break his fixed term tenancy as he could no longer afford the weekly rent payments.
It was not disputed by the tenant that he and the landlord discussed terminating the tenancy early. The tenant also accepts that the landlord advised him that he would release the tenant from the fixed term tenancy early, but that he would have to pay for the rent until a new tenancy starts.
A new tenancy started 4 weeks after the tenant left the property, on 20 July 2024. The landlord seeks the five weeks rent of $3850.00 which reflects rent from the 13 July 2024 to the 17 August 2024. Landlord claims: Rent arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount of $3850.00 owing till the start of the new tenancy on 17 August 2024.
I am satisfied that the landlord has proven their claim for the rent arrears.
The tenant does not want to pay the additional money, but having found the rent arrears proven, he must pay the arrears.
The bond of $1540.00 is to be refunded to the landlord immediately from the Bond Centre, to offset the debt owed by the tenant to the landlord. Tenant claim:
I have already deal with one of the tenants claims and that is he does not wish to pay additional rent once he had left the property. I find the tenant is obliged to pay the outstanding rent arrears of $3850.00.
The second part of the tenant’s claim was that he sought compensation for the loss of the storage facility at the property and the inconvenience to him going back and forth daily to a storage unit offsite.
Prior to viewing the property, the landlord advised the tenant that they were having work done on the garage. The landlord stated that it will take approximately 3 weeks to carry out the scope of the work. After the work was done the tenancy would include the storage unit in the garage. It was accepted that there was no garage provided with the tenancy to park a car in. Off street parking was provided by a concrete driveway attached to the house.
The work ended up taking three weeks but spread out over 6 months. As a result of the tenant complaining about the loss of the storage area the landlord paid $1395.00 for a storage unit for 5 months to make up for the ongoing building in the garage.
There were no claims for breach of quiet enjoyment, just loss of utilities and inconvenience travelling to and from the storage unit daily to safely store his work tools.
The landlord also paid a one-off sum of $250.00 for the inconvenience of going to and from the storage unit.
I accept the tenants claim that he has had a loss of utility by not having the storage area in the garage that was part of the tenancy. However, I believe he has been fully compensated for the loss of utility. Effectively the landlord had paid the tenant the sum of $1645.00 compensation for the loss of the storage area.
I am not satisfied that the tenant has proven his claims and therefore I am dismissing them.
Because Graham Maples has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4963656 — Rent arrears at 30 Regent Street, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 4963656 — Rent arrears at 30 Regent Street, Devonport, Auckland 0624

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions