What was the outcome of Tenancy Tribunal case 5021355?

The tribunal order states: Hine Brown and August Brown must pay Barfoot & Thompson Limited

How much money was awarded in case 5021355?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4943556 D…: $1,242.66 awarded to landlord; Property Damage: $580.75 awarded to landlord; Rent Arrears: $3,857.15 awarded to landlord; Rubbish Removal: $638.00 awarded to landlord; Water Rates: $302.51 awarded to landlord

What type of tenancy dispute was case 5021355?

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

Where can I read the official tribunal order for case 5021355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11501428-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5021355?

The tribunal order states: Hine Brown and August Brown must pay Barfoot & Thompson Limited

How much money was awarded in case 5021355?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4943556 D…: $1,242.66 awarded to landlord; Property Damage: $580.75 awarded to landlord; Rent Arrears: $3,857.15 awarded to landlord; Rubbish Removal: $638.00 awarded to landlord; Water Rates: $302.51 awarded to landlord

What type of tenancy dispute was case 5021355?

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

Where can I read the official tribunal order for case 5021355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11501428-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 23 Buller Crescent, Manurewa, Auckland 2102 Tenancy Tribunal Case 5021355 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5021355 — net $7,148.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19/07/2024 – 23/08/2024	$3,857.15	Rent arrears 19/07/2024 – 23/08/2024
Previous order application 4943556 dated 23/08/2024	$1,242.66	Previous order application 4943556 dated 23/08/2024
Water rates	$302.51	Water rates
Rubbish removal	$638.00	Rubbish removal
Cleaning	$500.00	Cleaning
Lock/key replacement	$580.75	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,148.07
Total payable by Tenant to Landlord	$7,148.07

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, outstanding water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. INCORPORATION OF PREVIOUS TRIBUNAL ORDER 4943556

On 23 August 2024, the Tribunal made an order relating to this tenancy for a total award of $1,242.66 to the landlord. The landlord gave evidence that this order has not been enforced. The amount still owing to the landlord is $1,242.66. Therefore, I incorporate the previous order for application 4943556 into this order for enforcement purposes.

RENT ARREARS AND WATER RATES

The tenancy ended on 23 August 2024.

The previous Tribunal order for application 4943556 2024 ordered the tenant to pay rent arrears up to 18 July 2024, as this was the date the landlord’s rent summary went to.

At the hearing today, the landlord produced an updated rent summary to 23 August 2024. This summary proves that the total rent arrears between 19 July 2024 and 23 August 2024 are $3,857.15. The landlord’s claim for rent arrears is granted in full for this amount.

The landlord also provided invoices from Watercare. These prove that the tenant owes $302.51 in outstanding water rates. The landlord’s claim for outstanding water rates is granted in full for this amount.

TENANT OBLIGATIONS AT THE END OF A 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 gave evidence that the tenant’s abandoned the property without returning the keys. The landlord has had the keys and locks replaced at a cost of $580.75. An invoice from Stone Locksmith for this amount was submitted.

The landlord’s claim for compensation to replace the keys and locks is granted in full for $580.75.

The landlord also claims that the tenant did not remove all rubbish, and did not leave the premises reasonably clean and tidy.

The landlord did not submit photographs but gave evidence that the tenant abandoned the property leaving rubbish, clothes, and miscellaneous household items. The landlord submitted invoices for the hiring of two skip bins for a total of $638.00, as well as an invoice for cleaning for $500.00. The landlord removed the rubbish themselves and did not seek compensation for their time and labour.

In the absence of any evidence from the tenant to rebut the landlord’s evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord’s claims for compensation for rubbish removal and cleaning are granted in full for $638.00 and $500.00 each.

All of the amounts ordered above are proved.

FILING FEE

Because Barfoot & Thompson Limited Meadowlands As Agent For Sunhuar Sear has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5021355 — net $7,148.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19/07/2024 – 23/08/2024	$3,857.15	Rent arrears 19/07/2024 – 23/08/2024
Previous order application 4943556 dated 23/08/2024	$1,242.66	Previous order application 4943556 dated 23/08/2024
Water rates	$302.51	Water rates
Rubbish removal	$638.00	Rubbish removal
Cleaning	$500.00	Cleaning
Lock/key replacement	$580.75	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,148.07
Total payable by Tenant to Landlord	$7,148.07

Order

Hine Brown and August Brown must pay Barfoot & Thompson Limited Meadowlands As Agent For Sunhuar Sear $7,148.07 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, outstanding water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. INCORPORATION OF PREVIOUS TRIBUNAL ORDER 4943556
On 23 August 2024, the Tribunal made an order relating to this tenancy for a total award of $1,242.66 to the landlord. The landlord gave evidence that this order has not been enforced. The amount still owing to the landlord is $1,242.66. Therefore, I incorporate the previous order for application 4943556 into this order for enforcement purposes.

RENT ARREARS AND WATER RATES

The tenancy ended on 23 August 2024.
The previous Tribunal order for application 4943556 2024 ordered the tenant to pay rent arrears up to 18 July 2024, as this was the date the landlord’s rent summary went to.
At the hearing today, the landlord produced an updated rent summary to 23 August 2024. This summary proves that the total rent arrears between 19 July 2024 and 23 August 2024 are $3,857.15. The landlord’s claim for rent arrears is granted in full for this amount.
The landlord also provided invoices from Watercare. These prove that the tenant owes $302.51 in outstanding water rates. The landlord’s claim for outstanding water rates is granted in full for this amount.

TENANT OBLIGATIONS AT THE END OF A 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 gave evidence that the tenant’s abandoned the property without returning the keys. The landlord has had the keys and locks replaced at a cost of $580.75. An invoice from Stone Locksmith for this amount was submitted.
The landlord’s claim for compensation to replace the keys and locks is granted in full for $580.75.
The landlord also claims that the tenant did not remove all rubbish, and did not leave the premises reasonably clean and tidy.
The landlord did not submit photographs but gave evidence that the tenant abandoned the property leaving rubbish, clothes, and miscellaneous household items. The landlord submitted invoices for the hiring of two skip bins for a total of $638.00, as well as an invoice for cleaning for $500.00. The landlord removed the rubbish themselves and did not seek compensation for their time and labour.
In the absence of any evidence from the tenant to rebut the landlord’s evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord’s claims for compensation for rubbish removal and cleaning are granted in full for $638.00 and $500.00 each.
All of the amounts ordered above are proved.

FILING FEE

Because Barfoot & Thompson Limited Meadowlands As Agent For Sunhuar Sear has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5021355 — Rent arrears at Unit/Flat 1, 23 Buller Crescent, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5021355 — Rent arrears at Unit/Flat 1, 23 Buller Crescent, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS AND WATER RATES

TENANT OBLIGATIONS AT THE END OF A TENANCY

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS AND WATER RATES

TENANT OBLIGATIONS AT THE END OF A TENANCY

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions