How much money was awarded in case 4509854?

Bailiff Fees: $200.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Cleaning: $1,656.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Lightbulbs: $5.10 awarded to landlord; Pest Control: $322.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord; Replace Furnishings: Curtains: $200.00 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Water Rates: $288.66 awarded to landlord

What type of tenancy dispute was case 4509854?

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

Where can I read the official tribunal order for case 4509854?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9307507-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4509854?

Bailiff Fees: $200.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Cleaning: $1,656.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Lightbulbs: $5.10 awarded to landlord; Pest Control: $322.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord; Replace Furnishings: Curtains: $200.00 awarded to landlord; Rubbish Removal: $1,610.00 awarded to landlord; Water Rates: $288.66 awarded to landlord

What type of tenancy dispute was case 4509854?

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

Where can I read the official tribunal order for case 4509854?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9307507-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4509854 — Rent arrears

Q: What was Tenancy Tribunal case 4509854 about?

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

Order

Claims and awards in Tenancy Tribunal application 4509854 — net $7,038.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/01/2023	$3,807.14	2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$288.66	4. The tenant did not dispute the amounts for rent and water rates arrears.
Bailiff fees	$200.00	Bailiff fees
Rubbish removal	$1,610.00	Rubbish removal
Cleaning	$1,656.00	Cleaning
Light bulbs/batteries	$5.10	Light bulbs/batteries
Replace furnishings: curtains	$200.00	Replace furnishings: curtains
Pest control	$322.00	Pest control
Carpet Cleaning	$230.00	Carpet Cleaning
Lock/key replacement	$400.00	Lock/key replacement
Lawns and Garden work	$299.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,038.34
Total payable by Tenant to Landlord	$7,038.34

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

The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Steven Thomas Hall must pay [The landlord/s] $7,038.34 immediately, calculated as shown in table below.

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. Rent and water rates arrears

The tenancy ended on 25 th January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant did not dispute the amounts for rent and water rates arrears.

Accordingly, I order the tenant to pay the landlord rent arrears of $3,807.14 and water rates arrears of $288.66. Tenant’s 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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”). The tenant must also replace standard light bulbs.

The tenant failed to pay the rent and had to urgently move out of the premises.

The landlord engaged a bailiff to evict the tenant but the tenant was able to move out before the bailiff came. I order the tenant to pay for the bailiff costs.

Due to the tenant’s urgent exit, the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant said that he had left the key on a table but the landlord did not have any record of the key being returned. From the photo of the exit inspection report, the key could easily have been hidden amongst the other mess on the table.

As the key was not returned to the landlord in a satisfactory manner, I order the tenant to pay the landlord $400.00 for the key and lock replacement

The landlord had to replace three light bulbs.

The tenant did not dispute the claims for rubbish removal, exit cleaning, three light bulbs, carpet cleaning, garden work, light bulb replacement or pest control.

The landlord claimed for two smoke alarms but the tenant explained that the smoke alarms had become faulty during the tenancy and that the previous property manager had been notified about it. Accordingly, I do not grant any amount for replacing smoke alarms. Damage claims

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

The landlord has proven that the curtains were damaged during the tenancy from the tenant smoking inside.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

I order the tenant to pay the landlord $200.00 for replacing curtains including the shower curtain.

The landlord had sought compensation for kitchen cabinet repair. However, having seen the photos and having heard from the tenant, I find that the damage was wear and tear.

There was also a claim for the front door glass crack but it was found to be pre- existing damage.

All amounts ordered above are proven. Filing fee reimbursement

Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4509854 — net $7,038.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/01/2023	$3,807.14	2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$288.66	4. The tenant did not dispute the amounts for rent and water rates arrears.
Bailiff fees	$200.00	Bailiff fees
Rubbish removal	$1,610.00	Rubbish removal
Cleaning	$1,656.00	Cleaning
Light bulbs/batteries	$5.10	Light bulbs/batteries
Replace furnishings: curtains	$200.00	Replace furnishings: curtains
Pest control	$322.00	Pest control
Carpet Cleaning	$230.00	Carpet Cleaning
Lock/key replacement	$400.00	Lock/key replacement
Lawns and Garden work	$299.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,038.34
Total payable by Tenant to Landlord	$7,038.34

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Steven Thomas Hall must pay [The landlord/s] $7,038.34 immediately, calculated as shown in table below.

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. Rent and water rates arrears
The tenancy ended on 25 th January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant did not dispute the amounts for rent and water rates arrears.
Accordingly, I order the tenant to pay the landlord rent arrears of $3,807.14 and water rates arrears of $288.66. Tenant’s 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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”). The tenant must also replace standard light bulbs.
The tenant failed to pay the rent and had to urgently move out of the premises.
The landlord engaged a bailiff to evict the tenant but the tenant was able to move out before the bailiff came. I order the tenant to pay for the bailiff costs.
Due to the tenant’s urgent exit, the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant said that he had left the key on a table but the landlord did not have any record of the key being returned. From the photo of the exit inspection report, the key could easily have been hidden amongst the other mess on the table.
As the key was not returned to the landlord in a satisfactory manner, I order the tenant to pay the landlord $400.00 for the key and lock replacement
The landlord had to replace three light bulbs.
The tenant did not dispute the claims for rubbish removal, exit cleaning, three light bulbs, carpet cleaning, garden work, light bulb replacement or pest control.
The landlord claimed for two smoke alarms but the tenant explained that the smoke alarms had become faulty during the tenancy and that the previous property manager had been notified about it. Accordingly, I do not grant any amount for replacing smoke alarms. Damage claims
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The landlord has proven that the curtains were damaged during the tenancy from the tenant smoking inside.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I order the tenant to pay the landlord $200.00 for replacing curtains including the shower curtain.
The landlord had sought compensation for kitchen cabinet repair. However, having seen the photos and having heard from the tenant, I find that the damage was wear and tear.
There was also a claim for the front door glass crack but it was found to be pre- existing damage.
All amounts ordered above are proven. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4509854 — Rent arrears

At a glance

Tenancy Tribunal case 4509854 — Rent arrears

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