What was Tenancy Tribunal case 4292545 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4292545?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $31.25 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Nail And Hook Holes In Walls: $862.50 awarded to landlord; Replace Broken Cat Door: $120.00 awarded to landlord; Replace Window Stays: $258.00 awarded to landlord; TV Aerial: $209.50 awarded to landlord; Storage Of Tenant'S Property: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4292545?

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

Where can I read the official tribunal order for case 4292545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8673316-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4292545 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4292545?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $31.25 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Nail And Hook Holes In Walls: $862.50 awarded to landlord; Replace Broken Cat Door: $120.00 awarded to landlord; Replace Window Stays: $258.00 awarded to landlord; TV Aerial: $209.50 awarded to landlord; Storage Of Tenant'S Property: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4292545?

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

Where can I read the official tribunal order for case 4292545?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8673316-Tribunal_Order_Redacted.pdf.

75 River Road, Dargaville, Dargaville 0310 Tenancy Tribunal Case 4292545 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4292545 — net $3,076.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (includes rent in lieu of notice for abandonment	$1,200.00		Rent arrears (includes rent in lieu of notice for abandonment
Storage of tenant's property	$1,000.00		Storage of tenant's property
Cleaning	$350.00		22. Having regard to [The landlord/s] submission about the amount of goods and the period of storage, I will award $1,000.00.
Repairs: TV aerial	$209.50		Repairs: TV aerial
Garden work	$31.25		Garden work
Front door lock replacement	$225.00		Front door lock replacement
Repairs: Replace broken cat door	$120.00		Repairs: Replace broken cat door
Repairs: Nail and hook holes in walls	$862.50		Repairs: Nail and hook holes in walls
Repairs: Replace window stays	$258.00		Repairs: Replace window stays
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond held by landlord		$1,200.00	Bond held by landlord
Total award	$4,276.69	$1,200.00
Net award	$3,076.69
Total payable by Tenant to Landlord	$3,076.69

The property is a cottage near a larger building (previously a historic pub, currently operated as a B&B), on River Road, Dargaville.

On 4 August 2020 [The landlord/s] entered into an agreement to rent the cottage to Ms Kelsall. The rent was $300.00 per week, inclusive of power and water. [The landlord/s] completed a Flat/house sharing agreement, on the understanding that because she lived on site, the Residential Tenancies Act 1986 (“RTA”) did not apply.

[The landlord/s] received a payment of $1,500.00, being a bond of $1,200.00 and one weeks’ rent.

Ms Kelsall’s tenancy was brief and problematic.

On or around 21 August 2021, [The landlord/s] discovered that Ms Kelsall had abandoned the premises.

[The landlord/s] application seeks rent arrears, cleaning, storage, repairs, and other costs. Jurisdiction

The RTA applies to all residential tenancies except the types of tenancies listed in section 5 RTA. One of those exclusions is section 5(n), which states that the RTA does not apply if The premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord of the premises

I accept that [The landlord/s] at 75 River Road, and that she genuinely understood that the RTA did not apply to her agreement with Ms Kelsall because of this exclusion.

However, I do not agree that the exclusion applies in this instance. The “premises”, meaning that space that was rented to Ms Kelsall, was not all of the land and buildings at 75 River Road. The tenanted premises was only the cottage.

[The landlord/s] did not use the cottage as her place of residence during the tenancy.

The cottage was essentially self-contained, with only very limited shared facilities (the laundry).

The exclusion in section 5(n) does not apply. The RTA applies to the tenancy. The Tenancy Tribunal has jurisdiction to hear the application. Rent

[The landlord/s] received payment of one week of rent. There are rent arrears of $600.00 to 25 August 2020, the date of discovery of abandonment.

Section 61(3) RTA states that if a tenant abandons a tenancy hen the tenant remains liable for rent for a period of 21 days from the date of discovery of abandonment.

For the reasons given above, my finding is that the RTA applied to this tenancy. However, I also accept that [The landlord/s] and Ms Kelsall thought that they had entered into a house sharing agreement and that their obligations were governed by the terms of that written agreement.

One of those terms was the requirement for 14 days’ notice to terminate the tenancy.

[The landlord/s] is entitled to 14 days’ rent in lieu of notice. Property

Ms Kelsall left behind most of her belongings when she left the property. [The landlord/s] stored them and sought to make contact with Ms Kelsall so that she could take them away.

The belongings were recently removed by a friend of Ms Kelsall, more than 8 months after the end of the tenancy.

Ms Kelsall was obliged to remove all of her belongings and dispose of all rubbish at the end of her tenancy.

[The landlord/s] is entitled to reasonable compensation for the fact that she was obliged to store Ms Kelsall’s belongings for a prolonged period, due to Ms Kelsall’s failure to remove them herself at the end of the tenancy.

Having regard to [The landlord/s] submission about the amount of goods and the period of storage, I will award $1,000.00. Cleaning

[The landlord/s] photographs show that the premises were not left reasonably clean and tidy.

[The landlord/s] claim for 10 hours of cleaning is fair and reasonable. Damage

There was damage to the property during the tenancy, including: a. Multiple holes in walls where Ms Kelsall (without [The landlord/s] consent) affixed nails and hooks to hang her clothes on. b. The front door lock, which Ms Kelsall removed and partially disassembled. c. The TV aerial. d. The cat door. e. Two window stays damaged.

The damage is beyond fair wear and tear.

The amounts claimed for repairs are proven.

Ms Kelsall removed plants from a part of the garden that was not within her tenanted area, and planted them by the cottage. [The landlord/s] claim for one hour of labour to reinstate these plants is fair and reasonable. Filing fee and bond

[The landlord/s] held the bond, which can offset some of the amounts owed by Ms Kelsall.

[The landlord/s] has been successful in this application and I must also award the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4292545 — net $3,076.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (includes rent in lieu of notice for abandonment	$1,200.00		Rent arrears (includes rent in lieu of notice for abandonment
Storage of tenant's property	$1,000.00		Storage of tenant's property
Cleaning	$350.00		22. Having regard to [The landlord/s] submission about the amount of goods and the period of storage, I will award $1,000.00.
Repairs: TV aerial	$209.50		Repairs: TV aerial
Garden work	$31.25		Garden work
Front door lock replacement	$225.00		Front door lock replacement
Repairs: Replace broken cat door	$120.00		Repairs: Replace broken cat door
Repairs: Nail and hook holes in walls	$862.50		Repairs: Nail and hook holes in walls
Repairs: Replace window stays	$258.00		Repairs: Replace window stays
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond held by landlord		$1,200.00	Bond held by landlord
Total award	$4,276.69	$1,200.00
Net award	$3,076.69
Total payable by Tenant to Landlord	$3,076.69

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2.

Reasons

The property is a cottage near a larger building (previously a historic pub, currently operated as a B&B), on River Road, Dargaville.
On 4 August 2020 [The landlord/s] entered into an agreement to rent the cottage to Ms Kelsall. The rent was $300.00 per week, inclusive of power and water. [The landlord/s] completed a Flat/house sharing agreement, on the understanding that because she lived on site, the Residential Tenancies Act 1986 (“RTA”) did not apply.
[The landlord/s] received a payment of $1,500.00, being a bond of $1,200.00 and one weeks’ rent.
Ms Kelsall’s tenancy was brief and problematic.
On or around 21 August 2021, [The landlord/s] discovered that Ms Kelsall had abandoned the premises.
[The landlord/s] application seeks rent arrears, cleaning, storage, repairs, and other costs. Jurisdiction
The RTA applies to all residential tenancies except the types of tenancies listed in section 5 RTA. One of those exclusions is section 5(n), which states that the RTA does not apply if The premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord of the premises
I accept that [The landlord/s] at 75 River Road, and that she genuinely understood that the RTA did not apply to her agreement with Ms Kelsall because of this exclusion.
However, I do not agree that the exclusion applies in this instance. The “premises”, meaning that space that was rented to Ms Kelsall, was not all of the land and buildings at 75 River Road. The tenanted premises was only the cottage.
[The landlord/s] did not use the cottage as her place of residence during the tenancy.
The cottage was essentially self-contained, with only very limited shared facilities (the laundry).
The exclusion in section 5(n) does not apply. The RTA applies to the tenancy. The Tenancy Tribunal has jurisdiction to hear the application. Rent
[The landlord/s] received payment of one week of rent. There are rent arrears of $600.00 to 25 August 2020, the date of discovery of abandonment.
Section 61(3) RTA states that if a tenant abandons a tenancy hen the tenant remains liable for rent for a period of 21 days from the date of discovery of abandonment.
For the reasons given above, my finding is that the RTA applied to this tenancy. However, I also accept that [The landlord/s] and Ms Kelsall thought that they had entered into a house sharing agreement and that their obligations were governed by the terms of that written agreement.
One of those terms was the requirement for 14 days’ notice to terminate the tenancy.
[The landlord/s] is entitled to 14 days’ rent in lieu of notice. Property
Ms Kelsall left behind most of her belongings when she left the property. [The landlord/s] stored them and sought to make contact with Ms Kelsall so that she could take them away.
The belongings were recently removed by a friend of Ms Kelsall, more than 8 months after the end of the tenancy.
Ms Kelsall was obliged to remove all of her belongings and dispose of all rubbish at the end of her tenancy.
[The landlord/s] is entitled to reasonable compensation for the fact that she was obliged to store Ms Kelsall’s belongings for a prolonged period, due to Ms Kelsall’s failure to remove them herself at the end of the tenancy.
Having regard to [The landlord/s] submission about the amount of goods and the period of storage, I will award $1,000.00. Cleaning
[The landlord/s] photographs show that the premises were not left reasonably clean and tidy.
[The landlord/s] claim for 10 hours of cleaning is fair and reasonable. Damage
There was damage to the property during the tenancy, including: a. Multiple holes in walls where Ms Kelsall (without [The landlord/s] consent) affixed nails and hooks to hang her clothes on. b. The front door lock, which Ms Kelsall removed and partially disassembled. c. The TV aerial. d. The cat door. e. Two window stays damaged.
The damage is beyond fair wear and tear.
The amounts claimed for repairs are proven.
Ms Kelsall removed plants from a part of the garden that was not within her tenanted area, and planted them by the cottage. [The landlord/s] claim for one hour of labour to reinstate these plants is fair and reasonable. Filing fee and bond
[The landlord/s] held the bond, which can offset some of the amounts owed by Ms Kelsall.
[The landlord/s] has been successful in this application and I must also award the filing fee of $20.44.

Tenancy Tribunal case 4292545 — Property damage at 75 River Road, Dargaville, Dargaville 0310

At a glance

Tenancy Tribunal case 4292545 — Property damage at 75 River Road, Dargaville, Dargaville 0310

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