What was the outcome of Tenancy Tribunal case 5123048?

The tribunal order states: The Bond Centre is to pay the bond of $660.00 (5142504-002) to A1 Property

How much money was awarded in case 5123048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,614.29 awarded to landlord

What type of tenancy dispute was case 5123048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5123048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629076-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5123048?

The tribunal order states: The Bond Centre is to pay the bond of $660.00 (5142504-002) to A1 Property

How much money was awarded in case 5123048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,614.29 awarded to landlord

What type of tenancy dispute was case 5123048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5123048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629076-Tenancy_Tribunal_Order.pdf.

227 Northbrook Road, Rangiora, Rangiora 7400 Tenancy Tribunal Case 5123048 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5123048 — net $1,981.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Dec 2024	$2,614.29	Rent arrears to 30 Dec 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,981.29
Total payable by Tenant to Landlord	$1,981.29

The Bond Centre is to pay the bond of $660.00 (5142504-002) to A1 Property Managers Limited As Agent For Shaun Miller, Southern Alps Enterprises Limited immediately.

Carissa Coote must pay A1 Property Managers Limited As Agent For Shaun Miller, Southern Alps Enterprises Limited $1,981.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. A call to the tenant’s last known mobile number was unanswered and went to voicemail.

The landlord has applied for rent arrears and for compensation for the cost of disposing of items the tenant left at the property. Burden and standard of proof

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 30 December 2024. The landlord provided rent records which prove $2,614.29 was owing in rent at the end of the tenancy.

The amount ordered is proved.

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 landlord says the tenant did not remove all of their belongings and left a large amount of rubbish. The landlord seeks $1,000 compensation towards the cost of removing the rubbish and other items. The landlord says the actual cost was in excess of $2,000. The landlord says some of the tenant’s belongings have been held in storage and are available for the tenant to collect, if she wishes.

The landlord is reminded that section 62 and 62A of the RTA provides guidance as to how and when a landlord may dispose of items left by tenant. Pursuant to those provisions, a landlord may dispose of items without an order from the Tribunal.

The landlord did not file any evidence in support of the claim for $1,000 compensation for rubbish removal. No photos were filed, nor any invoice as proof of actual costs incurred.

The landlord has not established their claim for compensation and accordingly, the claim is dismissed. Should the tenant reimburse the landlord’s application fee?

The landlord has substantially succeeded with their claim therefore the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5123048 — net $1,981.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Dec 2024	$2,614.29	Rent arrears to 30 Dec 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,981.29
Total payable by Tenant to Landlord	$1,981.29

Order

The Bond Centre is to pay the bond of $660.00 (5142504-002) to A1 Property Managers Limited As Agent For Shaun Miller, Southern Alps Enterprises Limited immediately.
Carissa Coote must pay A1 Property Managers Limited As Agent For Shaun Miller, Southern Alps Enterprises Limited $1,981.29 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. A call to the tenant’s last known mobile number was unanswered and went to voicemail.
The landlord has applied for rent arrears and for compensation for the cost of disposing of items the tenant left at the property. Burden and standard of proof
The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 30 December 2024. The landlord provided rent records which prove $2,614.29 was owing in rent at the end of the tenancy.
The amount ordered is proved.

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 landlord says the tenant did not remove all of their belongings and left a large amount of rubbish. The landlord seeks $1,000 compensation towards the cost of removing the rubbish and other items. The landlord says the actual cost was in excess of $2,000. The landlord says some of the tenant’s belongings have been held in storage and are available for the tenant to collect, if she wishes.
The landlord is reminded that section 62 and 62A of the RTA provides guidance as to how and when a landlord may dispose of items left by tenant. Pursuant to those provisions, a landlord may dispose of items without an order from the Tribunal.
The landlord did not file any evidence in support of the claim for $1,000 compensation for rubbish removal. No photos were filed, nor any invoice as proof of actual costs incurred.
The landlord has not established their claim for compensation and accordingly, the claim is dismissed. Should the tenant reimburse the landlord’s application fee?
The landlord has substantially succeeded with their claim therefore the tenant must reimburse the filing fee.

Tenancy Tribunal case 5123048 — Rent arrears at 227 Northbrook Road, Rangiora, Rangiora 7400

At a glance

Tenancy Tribunal case 5123048 — Rent arrears at 227 Northbrook Road, Rangiora, Rangiora 7400

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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