How much money was awarded in case 4598835?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,144.53 awarded to landlord; Rent Arrears: $6,107.14 awarded to landlord; Replace Makita Hedge Trimmer And Pow…: $500.00 awarded to landlord

What type of tenancy dispute was case 4598835?

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

Where can I read the official tribunal order for case 4598835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515592-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4598835?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,144.53 awarded to landlord; Rent Arrears: $6,107.14 awarded to landlord; Replace Makita Hedge Trimmer And Pow…: $500.00 awarded to landlord

What type of tenancy dispute was case 4598835?

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

Where can I read the official tribunal order for case 4598835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515592-Tribunal_Order_Redacted.pdf.

91 Westminster Avenue, Tamatea, Napier 4112 Tenancy Tribunal Case 4598835 — Rent arrears

Q: What was Tenancy Tribunal case 4598835 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 4598835 — net $4,222.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,107.14	Rent arrears
Cleaning	$250.00	Cleaning
Replace Makita hedge trimmer and power pack	$500.00	Replace Makita hedge trimmer and power pack
Door glass replacement	$1,144.53	Door glass replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,222.11
Total payable by Tenant to Landlord	$4,222.11

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

Mikayla Solomon Farrell and Jack Macalister Hughes must pay [The landlord/s] $4,222.11 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants 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?

This was a fixed term tenancy for a term from 12 April 2023 to 11 October 2023.

The tenants vacated on 14 June 2023 owing arrears of rent.

The landlord found new tenants for the premises and their tenancy started on 16 July 2023.

I am satisfied that the landlord took all reasonable steps to establish a new tenancy for the premises and mitigate the loss caused by the tenants vacating before the end of the fixed term. The tenants are accordingly liable for rent from the start of their tenancy until the new tenancy began. The landlord’s rent summary proves the rent arrears due.

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. In this case the tenancy included a number of chattels and the tenants were required to return those chattels at the end of the tenancy.

Photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. Dog droppings were left on the paths and I accept the landlord’s evidence that all waste was not removed and linen provided by the landlord needed additional washing.

The landlord undertook the cleaning work herself and much of that “between tenancy” work would have been required in any event, had this tenancy continued to the end of the fixed term. The tenants cannot be required to pay for cleaning work that would have been done as a matter of course by the landlord anyway. I am satisfied though that in the ways noted, the tenants did breach their obligation to leave the premises reasonably clean and tidy and the landlord should be entitled to some compensation for the extra work required as a result.

I accept the landlord’s evidence that a Makita hedgetrimmer and battery pack were not returned at the end of the tenancy. Those items are noted in the agreement as having been provided with the tenancy. The landlord has provided evidence of their purchase price and replacement costs. The amount awarded as compensation takes that evidence into account as well as allowing for depreciation.

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.

Photographs provided by the landlord show that during the tenancy glass panels in 2 doors were broken. In the absence of any evidence from the tenants as to how that damage occurred, I find that it is damage the tenants are responsible for and the landlord should be compensated for the repair costs. The repair cost is proved by invoices supplied by the landlord. Costs

The landlord has claimed compensation for costs associated with addressing the tenants’ breach and with these proceedings, including travel and accommodation expenses as the landlord lives in Geraldine. In terms of s.102, The Tribunal has no power to award costs except in certain circumstances that do not apply here.

I accept that the landlord has incurred significant expense in connection with managing the tenancy and dealing with these issues but those costs mainly arise because the landlord lives so far away from the tenancy which is not something resulting from the tenants’ actions.

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

Claims and awards in Tenancy Tribunal application 4598835 — net $4,222.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,107.14	Rent arrears
Cleaning	$250.00	Cleaning
Replace Makita hedge trimmer and power pack	$500.00	Replace Makita hedge trimmer and power pack
Door glass replacement	$1,144.53	Door glass replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,222.11
Total payable by Tenant to Landlord	$4,222.11

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Mikayla Solomon Farrell and Jack Macalister Hughes must pay [The landlord/s] $4,222.11 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants 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?

This was a fixed term tenancy for a term from 12 April 2023 to 11 October 2023.
The tenants vacated on 14 June 2023 owing arrears of rent.
The landlord found new tenants for the premises and their tenancy started on 16 July 2023.
I am satisfied that the landlord took all reasonable steps to establish a new tenancy for the premises and mitigate the loss caused by the tenants vacating before the end of the fixed term. The tenants are accordingly liable for rent from the start of their tenancy until the new tenancy began. The landlord’s rent summary proves the rent arrears due.

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. In this case the tenancy included a number of chattels and the tenants were required to return those chattels at the end of the tenancy.
Photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. Dog droppings were left on the paths and I accept the landlord’s evidence that all waste was not removed and linen provided by the landlord needed additional washing.
The landlord undertook the cleaning work herself and much of that “between tenancy” work would have been required in any event, had this tenancy continued to the end of the fixed term. The tenants cannot be required to pay for cleaning work that would have been done as a matter of course by the landlord anyway. I am satisfied though that in the ways noted, the tenants did breach their obligation to leave the premises reasonably clean and tidy and the landlord should be entitled to some compensation for the extra work required as a result.
I accept the landlord’s evidence that a Makita hedgetrimmer and battery pack were not returned at the end of the tenancy. Those items are noted in the agreement as having been provided with the tenancy. The landlord has provided evidence of their purchase price and replacement costs. The amount awarded as compensation takes that evidence into account as well as allowing for depreciation.

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.
Photographs provided by the landlord show that during the tenancy glass panels in 2 doors were broken. In the absence of any evidence from the tenants as to how that damage occurred, I find that it is damage the tenants are responsible for and the landlord should be compensated for the repair costs. The repair cost is proved by invoices supplied by the landlord. Costs
The landlord has claimed compensation for costs associated with addressing the tenants’ breach and with these proceedings, including travel and accommodation expenses as the landlord lives in Geraldine. In terms of s.102, The Tribunal has no power to award costs except in certain circumstances that do not apply here.
I accept that the landlord has incurred significant expense in connection with managing the tenancy and dealing with these issues but those costs mainly arise because the landlord lives so far away from the tenancy which is not something resulting from the tenants’ actions.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4598835 — Rent arrears at 91 Westminster Avenue, Tamatea, Napier 4112

At a glance

Tenancy Tribunal case 4598835 — Rent arrears at 91 Westminster Avenue, Tamatea, Napier 4112

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