What was the outcome of Tenancy Tribunal case 5144729?

The tribunal order states: Mehmet Emin Unal to pay Property Management Wellington Limited $549.14

How much money was awarded in case 5144729?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $522.14 awarded to landlord

What type of tenancy dispute was case 5144729?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5144729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11641469-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5144729?

The tribunal order states: Mehmet Emin Unal to pay Property Management Wellington Limited $549.14

How much money was awarded in case 5144729?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $522.14 awarded to landlord

What type of tenancy dispute was case 5144729?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5144729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11641469-Tenancy_Tribunal_Order.pdf.

Room 327, 152 Taranaki Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 5144729 — Rent arrears

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Room 327, 152 Taranaki Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 5144729 — 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 5144729 — net $549.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 January 2025	$522.14	Rent arrears to 4 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$549.14
Bond	$645.00
Total payable by Tenant to Landlord	$549.14

Claims and awards for application 5144729 — net $549.14 NZD. Verify on MoJ.

Rent arrears to 4 January 2025

Amount: $522.14
Awarded to: Landlord
Reason: Rent arrears to 4 January 2025

Filing fee reimbursement

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

Net award

Landlord $549.14

Bond

Landlord $645.00

Total payable by Tenant to Landlord

Landlord $549.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Mehmet Emin Unal to pay Property Management Wellington Limited $549.14 from the bond, as calculated in the table below:
The Bond Centre is to pay the bond of $645.00 (6477960-011) immediately apportioned as follows: Property Management Wellington Limited: $549.14 Mehmet Emin Unal: $95.86

Reasons

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

How much is owed for rent?

The tenancy ended on 4 January 2025. The landlord provided rent records that prove the amount owing of $522.14 at the end of the tenancy.
The rental arrears amount is proved. Lockout fee
The landlord also claims for the cost of an afterhours (25 December 2024) lockout resulting in a callout and replacement swipe card. The tenancy agreement includes a clause that an afterhours lockout will incur a $150.00 charge.
The landlord advises that there didn’t appear to be any reason for the tenant’s swipe card failure and cannot identify anything the tenant did to cause it. As a result, the landlord only claims $100.00 towards the callout fee and an invoice has been provided.
The tenant advises that the key card was two years old, and its failure was not his fault, therefore he should not be responsible for payment. He could not help that it suddenly stopped working and was entitled to access his premises.
Section 45(1) of the Residential Tenancies Act 1986 (RTA) requires the landlord to provide and maintain the premises in a reasonable state of repair. In my view, the failure of the swipe card was more likely than not, due to the landlord’s failure (even if they were not aware of the issue prior), rather than any fault of the tenant.
In other words, despite the obvious frustration for a Christmas Day callout, it is not the tenant’s fault that the door entry system / card failed on Christmas day.
When the RTA is contrary to a provision in a tenancy agreement (as is the case here), it is generally the RTA that is to apply. See section 11 of the RTA.
Accordingly, I find that the tenant is not responsible for the $100.00 callout fee and this claim is dismissed.
Because Property Management Wellington Limited has still wholly succeeded with the claim, I must reimburse the filing fee. R Harvey-Lane 28 March 2025

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 5144729 — net $549.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 January 2025	$522.14	Rent arrears to 4 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$549.14
Bond	$645.00
Total payable by Tenant to Landlord	$549.14

Claims and awards for application 5144729 — net $549.14 NZD. Verify on MoJ.

Rent arrears to 4 January 2025

Amount: $522.14
Awarded to: Landlord
Reason: Rent arrears to 4 January 2025

Filing fee reimbursement

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

Net award

Landlord $549.14

Bond

Landlord $645.00

Total payable by Tenant to Landlord

Landlord $549.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Mehmet Emin Unal to pay Property Management Wellington Limited $549.14 from the bond, as calculated in the table below:
The Bond Centre is to pay the bond of $645.00 (6477960-011) immediately apportioned as follows: Property Management Wellington Limited: $549.14 Mehmet Emin Unal: $95.86

Reasons

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

How much is owed for rent?

The tenancy ended on 4 January 2025. The landlord provided rent records that prove the amount owing of $522.14 at the end of the tenancy.
The rental arrears amount is proved. Lockout fee
The landlord also claims for the cost of an afterhours (25 December 2024) lockout resulting in a callout and replacement swipe card. The tenancy agreement includes a clause that an afterhours lockout will incur a $150.00 charge.
The landlord advises that there didn’t appear to be any reason for the tenant’s swipe card failure and cannot identify anything the tenant did to cause it. As a result, the landlord only claims $100.00 towards the callout fee and an invoice has been provided.
The tenant advises that the key card was two years old, and its failure was not his fault, therefore he should not be responsible for payment. He could not help that it suddenly stopped working and was entitled to access his premises.
Section 45(1) of the Residential Tenancies Act 1986 (RTA) requires the landlord to provide and maintain the premises in a reasonable state of repair. In my view, the failure of the swipe card was more likely than not, due to the landlord’s failure (even if they were not aware of the issue prior), rather than any fault of the tenant.
In other words, despite the obvious frustration for a Christmas Day callout, it is not the tenant’s fault that the door entry system / card failed on Christmas day.
When the RTA is contrary to a provision in a tenancy agreement (as is the case here), it is generally the RTA that is to apply. See section 11 of the RTA.
Accordingly, I find that the tenant is not responsible for the $100.00 callout fee and this claim is dismissed.
Because Property Management Wellington Limited has still wholly succeeded with the claim, I must reimburse the filing fee. R Harvey-Lane 28 March 2025

Tenancy Tribunal case 5144729 — Rent arrears at Room 327, 152 Taranaki Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 5144729 — Rent arrears at Room 327, 152 Taranaki Street, Te Aro, Wellington 6011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions