How much money was awarded in case 4585969?

Cleaning: $366.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $220.78 awarded to landlord; Property Damage: $85.00 awarded to landlord; Rent Arrears: $1,416.86 awarded to landlord; to cover the drawing on two wardrobe…: $240.00 awarded to landlord; to the shower door rollers and to th…: $323.70 awarded to landlord; Rubbish Removal: $1,982.00 awarded to landlord

What type of tenancy dispute was case 4585969?

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

Where can I read the official tribunal order for case 4585969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9356384-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4585969?

Cleaning: $366.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $220.78 awarded to landlord; Property Damage: $85.00 awarded to landlord; Rent Arrears: $1,416.86 awarded to landlord; to cover the drawing on two wardrobe…: $240.00 awarded to landlord; to the shower door rollers and to th…: $323.70 awarded to landlord; Rubbish Removal: $1,982.00 awarded to landlord

What type of tenancy dispute was case 4585969?

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

Where can I read the official tribunal order for case 4585969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9356384-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4585969 — Rent arrears

Q: What was Tenancy Tribunal case 4585969 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 4585969 — net $2,904.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2023	$1,416.86	Rent arrears to 30 April 2023
Cleaning	$460.00	Cleaning
Rubbish removal: including the flexi bin	$1,982.00	Rubbish removal: including the flexi bin
Lawns and Garden work	$350.00	Lawns and Garden work
Carpet Cleaning: and a repair to the lounge carpet	$366.00	Carpet Cleaning: and a repair to the lounge carpet
Lock/key replacement	$220.78	Lock/key replacement
Repairs: to the shower door rollers and to the shower head	$323.70	Repairs: to the shower door rollers and to the shower head
Window repairs	$85.00	Window repairs
Repairs: to cover the drawing on two wardrobe doors	$240.00	Repairs: to cover the drawing on two wardrobe doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,904.78
Total payable by Tenant to Landlord	$2,904.78

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

Ocean Taysha-Paige Bretherton, James Brethton Bretherton, Anthony Michael Pirirni and Julie Dawn George must pay [The landlord/s] $2,904.78 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant and the guarantors were properly notified about the hearing but they did not 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.

How much is owed for rent?

The tenancy ended on 14 April 2023 when the bailiff took possession of the tenancy premises. The tenant was given some extra days to find somewhere to move to and to remove her belongings. The landlord said the tenant lived at the house until 30 April 2023 and I find the tenant should pay rent until that date. The landlord provided rent records which prove the amount owing.

Did the tenant comply with her 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided me with photos taken after 30 April 2023. I can see that the house and carpets needed cleaning and there was rubbish everywhere. The tenant also left some large belongings, such as a fridge full of food, some couches and beds.

The locks had to be changed because of the eviction process.

The amounts ordered are proved.

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.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The landlord has proved there was damage caused during the tenancy to the lounge carpet, some wardrobe doors, and to the shower. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Was there a loss of rent?

The landlord has claimed for loss of rent. It wants 12 days of rent after the end of the tenancy because of the time it took to clean the house, remove rubbish and repair the damage to the shower and the wardrobe doors. I am not persuaded this is reasonable. Prudent landlords allow time between tenancies for maintenance and repairs. It seems the cleaning, lawns and rubbish removal were completed promptly, and I am not persuaded a new tenancy could not be arranged because of the minor repairs, or because of the flexi bin collection. This claim is dismissed. Other orders

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party.

Claims and awards in Tenancy Tribunal application 4585969 — net $2,904.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2023	$1,416.86	Rent arrears to 30 April 2023
Cleaning	$460.00	Cleaning
Rubbish removal: including the flexi bin	$1,982.00	Rubbish removal: including the flexi bin
Lawns and Garden work	$350.00	Lawns and Garden work
Carpet Cleaning: and a repair to the lounge carpet	$366.00	Carpet Cleaning: and a repair to the lounge carpet
Lock/key replacement	$220.78	Lock/key replacement
Repairs: to the shower door rollers and to the shower head	$323.70	Repairs: to the shower door rollers and to the shower head
Window repairs	$85.00	Window repairs
Repairs: to cover the drawing on two wardrobe doors	$240.00	Repairs: to cover the drawing on two wardrobe doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,904.78
Total payable by Tenant to Landlord	$2,904.78

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ocean Taysha-Paige Bretherton, James Brethton Bretherton, Anthony Michael Pirirni and Julie Dawn George must pay [The landlord/s] $2,904.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant and the guarantors were properly notified about the hearing but they did not 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.

How much is owed for rent?

The tenancy ended on 14 April 2023 when the bailiff took possession of the tenancy premises. The tenant was given some extra days to find somewhere to move to and to remove her belongings. The landlord said the tenant lived at the house until 30 April 2023 and I find the tenant should pay rent until that date. The landlord provided rent records which prove the amount owing.

Did the tenant comply with her 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided me with photos taken after 30 April 2023. I can see that the house and carpets needed cleaning and there was rubbish everywhere. The tenant also left some large belongings, such as a fridge full of food, some couches and beds.
The locks had to be changed because of the eviction process.
The amounts ordered are proved.

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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord has proved there was damage caused during the tenancy to the lounge carpet, some wardrobe doors, and to the shower. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Was there a loss of rent?

The landlord has claimed for loss of rent. It wants 12 days of rent after the end of the tenancy because of the time it took to clean the house, remove rubbish and repair the damage to the shower and the wardrobe doors. I am not persuaded this is reasonable. Prudent landlords allow time between tenancies for maintenance and repairs. It seems the cleaning, lawns and rubbish removal were completed promptly, and I am not persuaded a new tenancy could not be arranged because of the minor repairs, or because of the flexi bin collection. This claim is dismissed. Other orders
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4585969 — Rent arrears

At a glance

Tenancy Tribunal case 4585969 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Was there a loss of rent?

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 her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Was there a loss of rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions