What was the outcome of Tenancy Tribunal case 4975913?

The tribunal order states: Thomas Andrew Simon to pay Orbit Property Management Limited As Agent

How much money was awarded in case 4975913?

Cleaning: $109.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4975913 D…: $728.57 awarded to landlord; Property Damage: $295.91 awarded to landlord

What type of tenancy dispute was case 4975913?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4975913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099174-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4975913?

The tribunal order states: Thomas Andrew Simon to pay Orbit Property Management Limited As Agent

How much money was awarded in case 4975913?

Cleaning: $109.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4975913 D…: $728.57 awarded to landlord; Property Damage: $295.91 awarded to landlord

What type of tenancy dispute was case 4975913?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4975913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099174-Tribunal_Order.pdf.

Unit/Flat 1, 272 Gloucester Street, Christchurch Central, Tenancy Tribunal Case 4975913 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4975913 — net $1,160.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4975913 dated 29/08/2024	$728.57	Previous order application 4975913 dated 29/08/2024
Cleaning	$109.25	Cleaning
Lock/key replacement	$295.91	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,160.73
Bond	$1,200.00
Total payable by Tenant to Landlord	$1,160.73

Thomas Andrew Simon to pay Orbit Property Management Limited As Agent For Starting Phases Ltd $1,160.73 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,200.00 immediately apportioned as follows: Orbit Property Management Limited As Agent For Starting Phases Ltd: $1,160.73 Thomas Andrew Simon: $39.27 3.

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

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

On 29 August 2024 the Tribunal made an order relating to this tenancy terminating the tenancy and awarding the landlord the rent arrears of $728.57. The previous order is incorporated into this order for enforcement purposes.

The 29 August 2024 hearing was adjourned part heard for the purpose of the landlord: a. Obtaining an estimate of the value of the tenant’s mountain bike to support its application for a disposal order; and b. Engaging cleaning contractors and any other contractors required to remedy any damage to the premise that occurred during the tenancy though the tenant’s careless or intentional acts/omissions and submitting invoices/receipts to the Tribunal to support its vacated damages claims.

The issue of the bond refund, vacated damages costs incurred by the landlord after taking possession of the premise, the disposal order and reimbursement of the filing fee was held over to be addressed at this hearing.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The landlord has provided invoices for the amounts claimed and I am satisfied the amounts ordered are proved. Disposal of goods

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

The landlord is unable to contact the tenant as he has been incarcerated. She emailed Sam James at the Corrections Department on 30 August 2024 to try to arrange Corrections receipt of the tenant’s clothing and other personal effects. As at the date of todays hearing she has had no response from Corrections.

The tenant’s mother lives in the North Island of New Zealand and has been unable or unwilling to pay to collect or store the tenant’s belongings.

It is not practicable for the landlord to the return the goods to the tenant. The mountain bike has been valued at around $20 to $50. The landlord is unable to sell it as it has found there is a plethora of bikes for sale on Trade me and it would cost the landlord more to sell it than what it is worth. The landlord has proven the value of the tenant’s goods is well 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.

The landlord has confirmed it has taken all the tenant’s personal documents to the local Police Station and had provided an email to the Tribunal that confirms New Zealand Police’s receipt of these papers with a police reference number 2409055646. The tenant will be able to collect these papers from Police when he is released. Reimbursement of filing fee

Because Orbit Property Management Limited As Agent For Starting Phases Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4975913 — net $1,160.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4975913 dated 29/08/2024	$728.57	Previous order application 4975913 dated 29/08/2024
Cleaning	$109.25	Cleaning
Lock/key replacement	$295.91	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,160.73
Bond	$1,200.00
Total payable by Tenant to Landlord	$1,160.73

Thomas Andrew Simon to pay Orbit Property Management Limited As Agent For Starting Phases Ltd $1,160.73 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,200.00 immediately apportioned as follows: Orbit Property Management Limited As Agent For Starting Phases Ltd: $1,160.73 Thomas Andrew Simon: $39.27 3.

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

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The landlord has provided invoices for the amounts claimed and I am satisfied the amounts ordered are proved. Disposal of goods

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

The tenant’s mother lives in the North Island of New Zealand and has been unable or unwilling to pay to collect or store the tenant’s belongings.

Because Orbit Property Management Limited As Agent For Starting Phases Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4975913 — Property damage at Unit/Flat 1, 272 Gloucester Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4975913 — Property damage at Unit/Flat 1, 272 Gloucester Street, Christchurch Central,

At a glance

Award balance

Claims & awards

Order

Reasons

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

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