How much money was awarded in case 4532212?

Cleaning: $180.00 awarded to landlord; Cleaning: $35.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Removal: Car In Carpark (Relocated: $70.00 awarded to landlord; Rent Arrears: $2,578.57 awarded to landlord; Minor Holes In Walls: $115.00 awarded to landlord

What type of tenancy dispute was case 4532212?

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

Where can I read the official tribunal order for case 4532212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325327-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4532212?

Cleaning: $180.00 awarded to landlord; Cleaning: $35.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Removal: Car In Carpark (Relocated: $70.00 awarded to landlord; Rent Arrears: $2,578.57 awarded to landlord; Minor Holes In Walls: $115.00 awarded to landlord

What type of tenancy dispute was case 4532212?

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

Where can I read the official tribunal order for case 4532212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325327-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1B, 105 Victoria Road, Devonport, Auckland 0624 Tenancy Tribunal Case 4532212 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4532212?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4532212 — net $2,999.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including rent in-lieu of notice	$2,578.57	Rent arrears (including rent in-lieu of notice
Carpet Cleaning: Stain removal only	$180.00	Carpet Cleaning: Stain removal only
Removal: Car in carpark (relocated	$70.00	Removal: Car in carpark (relocated
Cleaning: Walls	$35.00	Cleaning: Walls
Repairs: Minor holes in walls	$115.00	Repairs: Minor holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,999.01
Bond	$3,600.00
Total payable by Tenant to Landlord	$2,999.01

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Christine First to pay Paul Cane And Claymore Partners As The Trustees For The Ronald Trust $2,999.01 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,600.00 (4999254-009) immediately apportioned as follows: Paul Cane And Claymore Partners As The Trustees For The Ronald Trust: $2,999.01 Christine First: $600.99

Reasons

The landlord attended the hearing. Jordon Cane represented the landlord. Brian First was also approved as a representative, this being for the tenant. The tenant lives overseas and was provided a dial-in number for the hearing. No call was received.

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

The claim for water was withdrawn at the hearing.

How much is owed for rent?

The tenancy ended on 6 September 2022. The tenant was overseas prior and was unexpectedly unable to return. She advised the landlord of this on 10 August 2023 and that date has been used as the commencement of the 28-day notice period. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord confirmed no new tenancy formed during the notice period. That occurred several weeks after 9 September 2022.

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.

There were six carpet stains that required professional treatment to remove. This was conducted as part of a full house carpet clean and the landlord sought only the stain removal cost as compensation. That was claimed at $180.00 and this appears a reasonable apportionment of that cost vis-à-vis the full carpet cleaning invoice of $329.00. This is awarded.

The landlord claimed $35.00 for internal wall cleaning. These were minor markings that the landlord though may have come from young children. The need for cleaning the walls to return them to a reasonable condition is accepted, and the cost awarded.

The tenant’s car remained in the allocated carpark. It was relocated by the landlord at a claimed cost of $70.00 (time and battery jumpstart). This cost appears reasonable and cheaper than any professional removal. The full amount is awarded.

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.

The landlord claimed $115.00 to repair a number of holes in the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

I have considered but not found possible betterment, nor should any depreciation apply. 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. Application filing fee

Because Paul Cane And Claymore Partners As The Trustees For The Ronald Trust have wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4532212 — net $2,999.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including rent in-lieu of notice	$2,578.57	Rent arrears (including rent in-lieu of notice
Carpet Cleaning: Stain removal only	$180.00	Carpet Cleaning: Stain removal only
Removal: Car in carpark (relocated	$70.00	Removal: Car in carpark (relocated
Cleaning: Walls	$35.00	Cleaning: Walls
Repairs: Minor holes in walls	$115.00	Repairs: Minor holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,999.01
Bond	$3,600.00
Total payable by Tenant to Landlord	$2,999.01

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Christine First to pay Paul Cane And Claymore Partners As The Trustees For The Ronald Trust $2,999.01 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,600.00 (4999254-009) immediately apportioned as follows: Paul Cane And Claymore Partners As The Trustees For The Ronald Trust: $2,999.01 Christine First: $600.99

Reasons

The landlord attended the hearing. Jordon Cane represented the landlord. Brian First was also approved as a representative, this being for the tenant. The tenant lives overseas and was provided a dial-in number for the hearing. No call was received.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The claim for water was withdrawn at the hearing.

How much is owed for rent?

The tenancy ended on 6 September 2022. The tenant was overseas prior and was unexpectedly unable to return. She advised the landlord of this on 10 August 2023 and that date has been used as the commencement of the 28-day notice period. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord confirmed no new tenancy formed during the notice period. That occurred several weeks after 9 September 2022.

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.
There were six carpet stains that required professional treatment to remove. This was conducted as part of a full house carpet clean and the landlord sought only the stain removal cost as compensation. That was claimed at $180.00 and this appears a reasonable apportionment of that cost vis-à-vis the full carpet cleaning invoice of $329.00. This is awarded.
The landlord claimed $35.00 for internal wall cleaning. These were minor markings that the landlord though may have come from young children. The need for cleaning the walls to return them to a reasonable condition is accepted, and the cost awarded.
The tenant’s car remained in the allocated carpark. It was relocated by the landlord at a claimed cost of $70.00 (time and battery jumpstart). This cost appears reasonable and cheaper than any professional removal. The full amount is awarded.

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.
The landlord claimed $115.00 to repair a number of holes in the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
I have considered but not found possible betterment, nor should any depreciation apply. 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. Application filing fee
Because Paul Cane And Claymore Partners As The Trustees For The Ronald Trust have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4532212 — Rent arrears at Unit/Flat 1B, 105 Victoria Road, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 4532212 — Rent arrears at Unit/Flat 1B, 105 Victoria Road, Devonport, Auckland 0624

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

Property management

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

Property management

Frequently asked questions