What was the outcome of Tenancy Tribunal case 4993606?

The tribunal order states: Alena Ivanova and Igor Ivanov must pay Udy Realty Limited As Agent For

How much money was awarded in case 4993606?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,905.55 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 4993606?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993606?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268603-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993606?

The tribunal order states: Alena Ivanova and Igor Ivanov must pay Udy Realty Limited As Agent For

How much money was awarded in case 4993606?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,905.55 awarded to landlord; Water Rates: $30.40 awarded to landlord

What type of tenancy dispute was case 4993606?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993606?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268603-Tenancy_Tribunal_Order.pdf.

25A Hyde Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4993606 — Rent arrears

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25A Hyde Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4993606 — Rent arrears | 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 4993606 — net $2,707.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.7.24	$2,905.55	Rent arrears to 19.7.24
Water rates based on Invoice dated 26.8.24	$30.40	Water rates based on Invoice dated 26.8.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,707.40
Total payable by Tenant to Landlord	$2,707.40

Claims and awards for application 4993606 — net $2,707.40 NZD. Verify on MoJ.

Rent arrears to 19.7.24

Amount: $2,905.55
Awarded to: Landlord
Reason: Rent arrears to 19.7.24

Water rates based on Invoice dated 26.8.24

Amount: $30.40
Awarded to: Landlord
Reason: Water rates based on Invoice dated 26.8.24

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,707.40

Total payable by Tenant to Landlord

Landlord $2,707.40

Dismissed claims

The Garage Door Remote — __________________________________________________________________________________ 49936063

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Alena Ivanova and Igor Ivanov must pay Udy Realty Limited As Agent For Zhengwei Feng & Li Wang $2,707.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $255.55 (5897634-002) to Udy Realty Limited As Agent For Zhengwei Feng & Li Wang immediately.

Reasons

Both parties attended the hearing by remote teleconference.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated and possession returned to the landlord on 1 July 2024 pursuant to an earlier order from this Tribunal (see TT4894405). The landlord provided rent records which proves the rent obligation further incurred from 2 July 2024 to 19 July 2024. The tenants accept that they did not hand the keys back until 15 July 2024 and did not remove all belongings until 19 July 2024. Because of this the tenants are responsible for the rent claimed for this period.
The landlord has also claimed water arrears however has not provided proper evidence in support of the significant amount claimed. Further evidence in support of the amount claimed for water has not been provided to the Tribunal as requested.
The landlord also failed to take into account that a significant portion of the outstanding water amount has been paid from the tenant’s bond on 1 July 2024. The landlord sought the difference payable however has not provided the Tribunal with reliable evidence in support of this claim. The only evidence for outstanding water is a Watercare invoice dated 26 August 2024 which confirms that the meter was read on 31 July 2024. This invoice confirms the usage amounts for the period of July 2024 which totals $30.40.
Accordingly, the claim for water is allowed but at a reduced amount based on the evidence provided with the application.

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 landlord claims that the tenants did not return a second garage door remote at the end of the tenancy. The landlord has only provided an undated quote from the Auckland Garage Door Repair Man. A request was made to the landlord to provide a payment receipt for this amount. This has not been provided to the Tribunal.
The onus is on the landlord to provide evidence of actual loss. In the absence of a payment receipt I am not prepared to allow this claim.
Accordingly, the claim for the garage door remote is dismissed.
Because Udy Realty Limited As Agent For Zhengwei Feng & Li Wang 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 4993606 — net $2,707.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.7.24	$2,905.55	Rent arrears to 19.7.24
Water rates based on Invoice dated 26.8.24	$30.40	Water rates based on Invoice dated 26.8.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,707.40
Total payable by Tenant to Landlord	$2,707.40

Claims and awards for application 4993606 — net $2,707.40 NZD. Verify on MoJ.

Rent arrears to 19.7.24

Amount: $2,905.55
Awarded to: Landlord
Reason: Rent arrears to 19.7.24

Water rates based on Invoice dated 26.8.24

Amount: $30.40
Awarded to: Landlord
Reason: Water rates based on Invoice dated 26.8.24

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,707.40

Total payable by Tenant to Landlord

Landlord $2,707.40

Dismissed claims

The Garage Door Remote — __________________________________________________________________________________ 49936063

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Alena Ivanova and Igor Ivanov must pay Udy Realty Limited As Agent For Zhengwei Feng & Li Wang $2,707.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $255.55 (5897634-002) to Udy Realty Limited As Agent For Zhengwei Feng & Li Wang immediately.

Reasons

Both parties attended the hearing by remote teleconference.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated and possession returned to the landlord on 1 July 2024 pursuant to an earlier order from this Tribunal (see TT4894405). The landlord provided rent records which proves the rent obligation further incurred from 2 July 2024 to 19 July 2024. The tenants accept that they did not hand the keys back until 15 July 2024 and did not remove all belongings until 19 July 2024. Because of this the tenants are responsible for the rent claimed for this period.
The landlord has also claimed water arrears however has not provided proper evidence in support of the significant amount claimed. Further evidence in support of the amount claimed for water has not been provided to the Tribunal as requested.
The landlord also failed to take into account that a significant portion of the outstanding water amount has been paid from the tenant’s bond on 1 July 2024. The landlord sought the difference payable however has not provided the Tribunal with reliable evidence in support of this claim. The only evidence for outstanding water is a Watercare invoice dated 26 August 2024 which confirms that the meter was read on 31 July 2024. This invoice confirms the usage amounts for the period of July 2024 which totals $30.40.
Accordingly, the claim for water is allowed but at a reduced amount based on the evidence provided with the application.

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 landlord claims that the tenants did not return a second garage door remote at the end of the tenancy. The landlord has only provided an undated quote from the Auckland Garage Door Repair Man. A request was made to the landlord to provide a payment receipt for this amount. This has not been provided to the Tribunal.
The onus is on the landlord to provide evidence of actual loss. In the absence of a payment receipt I am not prepared to allow this claim.
Accordingly, the claim for the garage door remote is dismissed.
Because Udy Realty Limited As Agent For Zhengwei Feng & Li Wang has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4993606 — Rent arrears at 25A Hyde Road, Rothesay Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4993606 — Rent arrears at 25A Hyde Road, Rothesay Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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