What was the outcome of Tenancy Tribunal case 5139732?

The tribunal order states: Brett Michael Gordon must pay Adrian Flack and Jasmine Clare Wilkinson

How much money was awarded in case 5139732?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord

What type of tenancy dispute was case 5139732?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5139732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11732308-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5139732?

The tribunal order states: Brett Michael Gordon must pay Adrian Flack and Jasmine Clare Wilkinson

How much money was awarded in case 5139732?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord

What type of tenancy dispute was case 5139732?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5139732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11732308-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 27 Cardigan Street, Morningside, Auckland 1022 Tenancy Tribunal Case 5139732 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5139732 — net $927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (and rent in lieu of notice to 3 February 2025	$2,300.00	Rent arrears (and rent in lieu of notice to 3 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$927.00
Total payable by Tenant to Landlord	$927.00

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

The tenant has applied for compensation and exemplary damages for alleged breaches of the landlord’s obligations. The tenant’s application is a request for a rent abatement for the short duration of the tenancy.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof. Landlord Claims

The tenancy started on 22 December 2024. The tenant gave 4 weeks notice to terminate the tenancy on 6 January 2025. On that basis, the tenancy ended on 3 February 2025 (although the tenant moved out earlier).

The landlord has provided rent records which prove the amount of $2,300 owing to 3 February 2025. I have made an order accordingly.

The landlord also claimed $750 for replacement chattels at the premises. The chattels were not removed by the tenant, they were put in a shed at the premises. The landlord did not establish that it was more likely than not that the chattels had to be replaced after being in the shed or what the replacement cost was (if any). This aspect of the claim is dismissed.

At the hearing the landlord said that it wanted the bond for “inconvenience” and having to clean the premises. Bond is tenant money, unless and until the landlord proves a claim to it. The only claim which the landlord has proved is for rent. If the landlord wanted to be reimbursed for cleaning costs, it should have applied for that and provided evidence to support its claim. The bond is awarded to the landlord to reduce the amount of rent owed. Tenant Claims

The tenant made allegations regarding Healthy Homes standards, cleanliness at the property and cockroaches.

The tenant did not pursue the Healthy Homes claims at the hearing. This tenancy lasted less than 2 months, so did not reach the due date for Healthy Homes Compliance in event.

The landlord acknowledged that the premises were not as clean as they could have been when the tenant moved in and arranged a cleaner immediately. The premises were cleaned, within 24 hours and the tenant said the cleaner had done an excellent job.

On 6 January 2025, the tenant gave notice to end the tenancy. He said that the cleaner had not cleaned the studio/sleepout in December and he had found insects/cockroaches in it. This was the first time the tenant had advised the landlord of any issues with the premises. The landlord was not given any opportunity to respond to or rectify the concerns. The tenant provided me with photographs of 2 or 3 insects/cockroaches. The photographs do not prove that there was an “infestation” and do not establish that the tenant would be entitled to a rent rebate (claimed at $150 per week) for the duration of the tenancy.

The tenant’s claims are dismissed.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I do not consider that either party was substantially successful, so have not allowed suppression of either party’s details.

Claims and awards in Tenancy Tribunal application 5139732 — net $927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (and rent in lieu of notice to 3 February 2025	$2,300.00	Rent arrears (and rent in lieu of notice to 3 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$927.00
Total payable by Tenant to Landlord	$927.00

Order

Brett Michael Gordon must pay Adrian Flack and Jasmine Clare Wilkinson $927.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,400.00 (BN-00002593) to Adrian Flack and Jasmine Clare Wilkinson immediately.
All other claims by both parties are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.
The tenant has applied for compensation and exemplary damages for alleged breaches of the landlord’s obligations. The tenant’s application is a request for a rent abatement for the short duration of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof. Landlord Claims
The tenancy started on 22 December 2024. The tenant gave 4 weeks notice to terminate the tenancy on 6 January 2025. On that basis, the tenancy ended on 3 February 2025 (although the tenant moved out earlier).
The landlord has provided rent records which prove the amount of $2,300 owing to 3 February 2025. I have made an order accordingly.
The landlord also claimed $750 for replacement chattels at the premises. The chattels were not removed by the tenant, they were put in a shed at the premises. The landlord did not establish that it was more likely than not that the chattels had to be replaced after being in the shed or what the replacement cost was (if any). This aspect of the claim is dismissed.
At the hearing the landlord said that it wanted the bond for “inconvenience” and having to clean the premises. Bond is tenant money, unless and until the landlord proves a claim to it. The only claim which the landlord has proved is for rent. If the landlord wanted to be reimbursed for cleaning costs, it should have applied for that and provided evidence to support its claim. The bond is awarded to the landlord to reduce the amount of rent owed. Tenant Claims
The tenant made allegations regarding Healthy Homes standards, cleanliness at the property and cockroaches.
The tenant did not pursue the Healthy Homes claims at the hearing. This tenancy lasted less than 2 months, so did not reach the due date for Healthy Homes Compliance in event.
The landlord acknowledged that the premises were not as clean as they could have been when the tenant moved in and arranged a cleaner immediately. The premises were cleaned, within 24 hours and the tenant said the cleaner had done an excellent job.
On 6 January 2025, the tenant gave notice to end the tenancy. He said that the cleaner had not cleaned the studio/sleepout in December and he had found insects/cockroaches in it. This was the first time the tenant had advised the landlord of any issues with the premises. The landlord was not given any opportunity to respond to or rectify the concerns. The tenant provided me with photographs of 2 or 3 insects/cockroaches. The photographs do not prove that there was an “infestation” and do not establish that the tenant would be entitled to a rent rebate (claimed at $150 per week) for the duration of the tenancy.
The tenant’s claims are dismissed.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I do not consider that either party was substantially successful, so have not allowed suppression of either party’s details.

Tenancy Tribunal case 5139732 — Rent arrears at Unit/Flat 3, 27 Cardigan Street, Morningside, Auckland 1022

At a glance

Tenancy Tribunal case 5139732 — Rent arrears at Unit/Flat 3, 27 Cardigan Street, Morningside, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions