How much money was awarded in case 4530092?

Cleaning: $30.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,174.29 awarded to landlord

What type of tenancy dispute was case 4530092?

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

Where can I read the official tribunal order for case 4530092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185809-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4530092?

Cleaning: $30.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,174.29 awarded to landlord

What type of tenancy dispute was case 4530092?

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

Where can I read the official tribunal order for case 4530092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185809-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4530092 — Rent arrears

Q: What was Tenancy Tribunal case 4530092 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 4530092 — net $361.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,174.29	Rent arrears
Carpet Cleaning	$30.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$437.00	Lock/key replacement
Cleaning	$100.00	Cleaning
Repairs	$400.00	Repairs
Net award	$361.73
Total payable by Tenant to Landlord	$361.73

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

Tennille Maree Cowley must pay [The property management company] as agent for [The landlord/s] $361.73 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately to [The property management company] as agent for [The landlord/s].

Reasons

Only the landlord 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 22 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

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 did not leave the premises reasonably clean and tidy. The evidence establishes that the premises were not reasonably clean and I am satisfied that the charge incurred by the landlord to remedy that failure was reasonable. The amount ordered above is proved.

The evidence establishes that the tenant did not return the keys at the end of the tenancy. I am satisfied that the amount ordered above was a reasonable charge to replace the locks.

The landlord claims $115 for carpet cleaning. An invoice was produced which referred to a “carpet shampoo”. In general, a carpet clean is not necessary for a tenant to discharge their obligation to leave premises reasonably clean and tidy. Here, there was evidence that could be made out that there was some staining in one of the bedroom’s floor. The carpet itself throughout the house is grey, and it was hard to make out any other staining.

I am prepared to allow $30 for the cost of carpet cleaning.

Is the tenant responsible for the damage to the premises?

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.

During the tenancy, the oven door was shattered. The landlord’s evidence is further that the oven no longer worked and had to be replaced. It had been three years old at that time. The tenant had accepted liability to replace this, according to the landlord.

The landlord spent $580 replacing the oven. According to the IRD depreciation schedule, an oven lasts 8 years.

The landlord accepted this and that allowing for depreciation was appropriate.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered above is proved.

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 oven at the start of the tenancy and its likely useful lifespan.

Because [The property management company] as agent for [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4530092 — net $361.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,174.29	Rent arrears
Carpet Cleaning	$30.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$437.00	Lock/key replacement
Cleaning	$100.00	Cleaning
Repairs	$400.00	Repairs
Net award	$361.73
Total payable by Tenant to Landlord	$361.73

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Tennille Maree Cowley must pay [The property management company] as agent for [The landlord/s] $361.73 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately to [The property management company] as agent for [The landlord/s].

Reasons

Only the landlord 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 22 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

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 did not leave the premises reasonably clean and tidy. The evidence establishes that the premises were not reasonably clean and I am satisfied that the charge incurred by the landlord to remedy that failure was reasonable. The amount ordered above is proved.
The evidence establishes that the tenant did not return the keys at the end of the tenancy. I am satisfied that the amount ordered above was a reasonable charge to replace the locks.
The landlord claims $115 for carpet cleaning. An invoice was produced which referred to a “carpet shampoo”. In general, a carpet clean is not necessary for a tenant to discharge their obligation to leave premises reasonably clean and tidy. Here, there was evidence that could be made out that there was some staining in one of the bedroom’s floor. The carpet itself throughout the house is grey, and it was hard to make out any other staining.
I am prepared to allow $30 for the cost of carpet cleaning.

Is the tenant responsible for the damage to the premises?

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.
During the tenancy, the oven door was shattered. The landlord’s evidence is further that the oven no longer worked and had to be replaced. It had been three years old at that time. The tenant had accepted liability to replace this, according to the landlord.
The landlord spent $580 replacing the oven. According to the IRD depreciation schedule, an oven lasts 8 years.
The landlord accepted this and that allowing for depreciation was appropriate.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered above is proved.
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 oven at the start of the tenancy and its likely useful lifespan.
Because [The property management company] as agent for [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4530092 — Rent arrears

At a glance

Tenancy Tribunal case 4530092 — Rent arrears

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?

Is the tenant responsible for the damage to the premises?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions