What was the outcome of Tenancy Tribunal case 5414650?

The tribunal order states: Hira Puriri Haerewa-Leith must pay Te Toi Mahana $1,655.47 immediately,

How much money was awarded in case 5414650?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Rubbish Removal: $1,670.33 awarded to landlord

What type of tenancy dispute was case 5414650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5414650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13339542-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5414650?

The tribunal order states: Hira Puriri Haerewa-Leith must pay Te Toi Mahana $1,655.47 immediately,

How much money was awarded in case 5414650?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Rubbish Removal: $1,670.33 awarded to landlord

What type of tenancy dispute was case 5414650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5414650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13339542-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 34, 7 Duncan Terrace, Kilbirnie, Wellington Tenancy Tribunal Case 5414650 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5414650 — net $1,655.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2025	$257.14	Rent arrears to 17 July 2025
Tip fees, rubbish removal and cleaning kitchen and bathroom	$1,670.33	Tip fees, rubbish removal and cleaning kitchen and bathroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,655.47
Total payable by Tenant to Landlord	$1,655.47

Hira Puriri Haerewa-Leith must pay Te Toi Mahana $1,655.47 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $300.00 (3005615-006) to Te Toi Mahana immediately.

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 31 January 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 10 June 2024.

Section 91A (2) of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf; or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.

The landlord gave evidence that: a. The tenant has moved to Australia, but it is unsure where and has had no contact from the tenant since the end of the tenancy. The landlord has no emergency contact details or next of kin details for the tenant. Therefore, the landlord has been unable to find a specific residential address for the tenant; b. The landlord has tried to contact the tenant regarding this proceeding. It has tried the mobile phone number, and his email address the tenant’s support worker may have used during the tenancy. The landlord gets no response to its calls and had had a response from someone claiming to be the new owner of the email address and not the tenant; c. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on her behalf; d. The landlord does not have any emails that show the tenant has responded to it on any specific email address in the last two years. There is no email address on the tenancy agreement or bond lodgement form.

I am satisfied that all reasonable efforts have been made to serve the notice or other documents on the tenant in accordance with the RTA.

The section 91A of the RTA notice requirements are dispensed with.

How much is owed for rent?

The tenancy ended on 17 July 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy.

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

The amounts ordered are proved. Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because Te Toi Mahana has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5414650 — net $1,655.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2025	$257.14	Rent arrears to 17 July 2025
Tip fees, rubbish removal and cleaning kitchen and bathroom	$1,670.33	Tip fees, rubbish removal and cleaning kitchen and bathroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,655.47
Total payable by Tenant to Landlord	$1,655.47

Order

Hira Puriri Haerewa-Leith must pay Te Toi Mahana $1,655.47 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $300.00 (3005615-006) to Te Toi Mahana immediately.
The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 31 January 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 10 June 2024.
Section 91A (2) of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf; or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
The landlord gave evidence that: a. The tenant has moved to Australia, but it is unsure where and has had no contact from the tenant since the end of the tenancy. The landlord has no emergency contact details or next of kin details for the tenant. Therefore, the landlord has been unable to find a specific residential address for the tenant; b. The landlord has tried to contact the tenant regarding this proceeding. It has tried the mobile phone number, and his email address the tenant’s support worker may have used during the tenancy. The landlord gets no response to its calls and had had a response from someone claiming to be the new owner of the email address and not the tenant; c. The tenant has not provided the landlord with a solicitor or other agent of the tenant that he has duly authorised to receive service on her behalf; d. The landlord does not have any emails that show the tenant has responded to it on any specific email address in the last two years. There is no email address on the tenancy agreement or bond lodgement form.
I am satisfied that all reasonable efforts have been made to serve the notice or other documents on the tenant in accordance with the RTA.
The section 91A of the RTA notice requirements are dispensed with.

How much is owed for rent?

The tenancy ended on 17 July 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy.

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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because Te Toi Mahana has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5414650 — Rent arrears at Unit/Flat Flat 34, 7 Duncan Terrace, Kilbirnie, Wellington

At a glance

Tenancy Tribunal case 5414650 — Rent arrears at Unit/Flat Flat 34, 7 Duncan Terrace, Kilbirnie, Wellington

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

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

Frequently asked questions