How much money was awarded in case 4589409?

Cleaning: $322.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $427.10 awarded to landlord; Rent Arrears: $1,564.29 awarded to landlord

What type of tenancy dispute was case 4589409?

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

Where can I read the official tribunal order for case 4589409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9394055-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4589409?

Cleaning: $322.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $427.10 awarded to landlord; Rent Arrears: $1,564.29 awarded to landlord

What type of tenancy dispute was case 4589409?

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

Where can I read the official tribunal order for case 4589409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9394055-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4589409 — Rent arrears

Q: What was Tenancy Tribunal case 4589409 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 4589409 — net $873.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2023	$1,564.29	Rent arrears to 24 May 2023
Carpet and other Cleaning	$322.00	Carpet and other Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Damages for early termination	$427.10	Damages for early termination
Net award	$873.83
Total payable by Tenant to Landlord	$873.83

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

Anthony James Rose must pay [The landlord/s] $873.83 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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 when the tenant unexpectedly and abruptly announced to the landlord he had vacated the premises as he had to immediately leave Auckland. This was on 1 May 2023.

This was a fixed term tenancy and it took the landlord several weeks to find a new tenant. The landlord claims weekly rent up until that point, being a total of $1564.29. I am satisfied that is a reasonably foreseeable loss, as a result of the tenant bringing the tenancy to an end when he had no right to do so.

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, and did not remove all rubbish. The tenant was also responsible for staining on the carpet and on a couch.

I am satisfied that the landlord is entitled to recover the sums as ordered above for cleaning, being the invoices from Johns Home and Garden and Services and More Ltd.

The landlord also claims for the cost of a TV that was removed by the tenant and a damaged wall mount. The landlord did not provide any invoices relating to the original purchase of these items, nor did it provide any invoices from the retailer which sold it the replacement tv and wall mount. That landlord has produced its own invoice, which I am told represents the purchase price of the replacement items, plus a 9% fee. That is not adequate evidence and in any event I would not be prepared to allow a 9% add on charge. Nor would the full cost of the TV be recoverable because I would have to take into account betterment. This issue was raised with the landlord and he was given the opportunity to adjourn however requested that the tribunal close out the hearing based on the material provided.

I dismiss the claims for the TV and wall mount, based on the evidence provided.

The landlord also claims additional costs arising out of the early termination of the tenancy, which was due to end otherwise on 31 October. I am not prepared to allow the advertising or credit check charges, because no invoices have been provided. I am however prepared to allow the sum of $427.10, being the reasonably foreseeable costs arising out of the early termination of the tenancy, including the landlord’s additional time and mileage to viewings.

Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4589409 — net $873.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2023	$1,564.29	Rent arrears to 24 May 2023
Carpet and other Cleaning	$322.00	Carpet and other Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Damages for early termination	$427.10	Damages for early termination
Net award	$873.83
Total payable by Tenant to Landlord	$873.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Anthony James Rose must pay [The landlord/s] $873.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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 when the tenant unexpectedly and abruptly announced to the landlord he had vacated the premises as he had to immediately leave Auckland. This was on 1 May 2023.
This was a fixed term tenancy and it took the landlord several weeks to find a new tenant. The landlord claims weekly rent up until that point, being a total of $1564.29. I am satisfied that is a reasonably foreseeable loss, as a result of the tenant bringing the tenancy to an end when he had no right to do so.

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, and did not remove all rubbish. The tenant was also responsible for staining on the carpet and on a couch.
I am satisfied that the landlord is entitled to recover the sums as ordered above for cleaning, being the invoices from Johns Home and Garden and Services and More Ltd.
The landlord also claims for the cost of a TV that was removed by the tenant and a damaged wall mount. The landlord did not provide any invoices relating to the original purchase of these items, nor did it provide any invoices from the retailer which sold it the replacement tv and wall mount. That landlord has produced its own invoice, which I am told represents the purchase price of the replacement items, plus a 9% fee. That is not adequate evidence and in any event I would not be prepared to allow a 9% add on charge. Nor would the full cost of the TV be recoverable because I would have to take into account betterment. This issue was raised with the landlord and he was given the opportunity to adjourn however requested that the tribunal close out the hearing based on the material provided.
I dismiss the claims for the TV and wall mount, based on the evidence provided.
The landlord also claims additional costs arising out of the early termination of the tenancy, which was due to end otherwise on 31 October. I am not prepared to allow the advertising or credit check charges, because no invoices have been provided. I am however prepared to allow the sum of $427.10, being the reasonably foreseeable costs arising out of the early termination of the tenancy, including the landlord’s additional time and mileage to viewings.
Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4589409 — Rent arrears

At a glance

Tenancy Tribunal case 4589409 — 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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions