How much money was awarded in case 5016469?

Break Lease Fee: $734.50 awarded to landlord; Cleaning: $110.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $520.00 awarded to landlord; Rubbish Removal: $293.94 awarded to landlord; Storage Fees: $177.50 awarded to landlord

What type of tenancy dispute was case 5016469?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5016469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11280979-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5016469?

Break Lease Fee: $734.50 awarded to landlord; Cleaning: $110.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $520.00 awarded to landlord; Rubbish Removal: $293.94 awarded to landlord; Storage Fees: $177.50 awarded to landlord

What type of tenancy dispute was case 5016469?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5016469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11280979-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 45 Bureta Road, Otumoetai, Tauranga 3110 Tenancy Tribunal Case 5016469 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5016469?

The tribunal order states: Jaspinder Kaur to pay Advantage Realty Limited as agent for Hee Kyeong Kim,

Order

Claims and awards in Tenancy Tribunal application 5016469 — net $1,862.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/24	$520.00	Rent arrears to 19/9/24
Cleaning	$110.00	Cleaning
Rubbish removal: and transportation	$293.94	Rubbish removal: and transportation
Storage fees	$177.50	Storage fees
Break lease fee	$734.50	Break lease fee
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
Net award	$1,862.94
Bond	$1,862.94
Total payable by Tenant to Landlord	$1,862.94

Jaspinder Kaur to pay Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim $1,862.94 from the bond, calculated as shown in table below.

The balance of the bond is to remain at the bond centre.

Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

Order 4 is suspended until 5.00pm on Friday 17 January 2025.

Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for rent arrears, expenses, compensation, refund of the bond, an order for disposal of goods and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $520.00 and I make the order in full for this amount. Landlord expenses

The tenancy was for a fixed term with a contractual end date of 1 February 2025. The landlord consented to an early termination of the fixed term tenancy.

Where are landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.

The landlord has provided an itemised account of the expenses incurred and I make an order for the full amount claimed of $734.50.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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

The landlord provided invoices, photographs and oral evidence to confirm that surfaces needed to be wiped down, the oven needed cleaning and the carpets required vacuuming.

The tenant also left two bags of rubbish at the end of the tenancy. The amount claimed for cleaning is $110.00 and rubbish removal (which includes transports costs for storage of the tenants’ goods to the storag unit) for the amount of $293.94 and I make an order for these amounts in full.

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, despite attempts to arrange for the tenant to collect the goods.

The goods include: a. A washing machine with an estimate value of $200.00 b. A wooden rack with an estimate value of $20.00 c. A Samsung tv with no remote with an estimate value of $100.00 d. A pleather chair with an estimate value of $50.00. e. Two slat bed bases with an estimate value of $100.00. f. Two mattresses with an estimate value of $100.00. g. A dresser with an estimate value of $50.00

It is not practicable for the landlord to the return the goods to the tenant.

At the hearing the landlord indicated that they would be disposing of the goods however on I note some of the goods may have a value above the cost of storing, transporting and selling them (particularly the washing machine if it is working condition – but I do not have any information about this). The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

The order for disposal of goods is suspended until 5.00pm on Friday 17 January 2025 to allow the tenant one last opportunity to make arrangements to collect her belongings.

I make an order to compensate the landlord for storages costs from 19/9/24- 18/10/24 for the amount of the invoices claimed of $177.50. Bond

The bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5016469 — net $1,862.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/24	$520.00	Rent arrears to 19/9/24
Cleaning	$110.00	Cleaning
Rubbish removal: and transportation	$293.94	Rubbish removal: and transportation
Storage fees	$177.50	Storage fees
Break lease fee	$734.50	Break lease fee
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
Net award	$1,862.94
Bond	$1,862.94
Total payable by Tenant to Landlord	$1,862.94

Order

Jaspinder Kaur to pay Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim $1,862.94 from the bond, calculated as shown in table below.
The balance of the bond is to remain at the bond centre.
Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Order 4 is suspended until 5.00pm on Friday 17 January 2025.
Advantage Realty Limited as agent for Hee Kyeong Kim, Hwa Young Kim, Dong Hyuk Kim must pay the proceeds of any sale to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, expenses, compensation, refund of the bond, an order for disposal of goods and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $520.00 and I make the order in full for this amount. Landlord expenses
The tenancy was for a fixed term with a contractual end date of 1 February 2025. The landlord consented to an early termination of the fixed term tenancy.
Where are landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.
The landlord has provided an itemised account of the expenses incurred and I make an order for the full amount claimed of $734.50.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices, photographs and oral evidence to confirm that surfaces needed to be wiped down, the oven needed cleaning and the carpets required vacuuming.
The tenant also left two bags of rubbish at the end of the tenancy. The amount claimed for cleaning is $110.00 and rubbish removal (which includes transports costs for storage of the tenants’ goods to the storag unit) for the amount of $293.94 and I make an order for these amounts in full.
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, despite attempts to arrange for the tenant to collect the goods.
The goods include: a. A washing machine with an estimate value of $200.00 b. A wooden rack with an estimate value of $20.00 c. A Samsung tv with no remote with an estimate value of $100.00 d. A pleather chair with an estimate value of $50.00. e. Two slat bed bases with an estimate value of $100.00. f. Two mattresses with an estimate value of $100.00. g. A dresser with an estimate value of $50.00
It is not practicable for the landlord to the return the goods to the tenant.
At the hearing the landlord indicated that they would be disposing of the goods however on I note some of the goods may have a value above the cost of storing, transporting and selling them (particularly the washing machine if it is working condition – but I do not have any information about this). The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
The order for disposal of goods is suspended until 5.00pm on Friday 17 January 2025 to allow the tenant one last opportunity to make arrangements to collect her belongings.
I make an order to compensate the landlord for storages costs from 19/9/24- 18/10/24 for the amount of the invoices claimed of $177.50. Bond
The bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5016469 — Rent arrears at Unit/Flat 1, 45 Bureta Road, Otumoetai, Tauranga 3110

At a glance

Tenancy Tribunal case 5016469 — Rent arrears at Unit/Flat 1, 45 Bureta Road, Otumoetai, Tauranga 3110

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