What was the outcome of Tenancy Tribunal case 4602449?

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

How much money was awarded in case 4602449?

Cleaning: $172.50 awarded to landlord; Lawns and Garden Work: $86.25 awarded to landlord; Lightbulbs: $64.72 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $500.85 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4602449?

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

Where can I read the official tribunal order for case 4602449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422723-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4602449?

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

How much money was awarded in case 4602449?

Cleaning: $172.50 awarded to landlord; Lawns and Garden Work: $86.25 awarded to landlord; Lightbulbs: $64.72 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $500.85 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4602449?

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

Where can I read the official tribunal order for case 4602449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422723-Tenancy_Tribunal_Order.pdf.

54 Lillington Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4602449 — Property damage

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54 Lillington Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4602449 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4602449 — net $2,664.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$500.85	Rent arrears
Light bulbs/batteries	$64.72	Light bulbs/batteries
Carpet replacement	$1,725.00	Carpet replacement
Lawns and Garden work	$86.25	Lawns and Garden work
Rubbish removal	$115.00	Rubbish removal
Cleaning	$172.50	Cleaning
Net award	$2,664.32
Total payable by Tenant to Landlord	$2,664.32

Claims and awards for application 4602449 — net $2,664.32 NZD. Verify on MoJ.

Rent arrears

Amount: $500.85
Awarded to: Landlord
Reason: Rent arrears

Light bulbs/batteries

Amount: $64.72
Awarded to: Landlord
Reason: Light bulbs/batteries

Carpet replacement

Amount: $1,725.00
Awarded to: Landlord
Reason: Carpet replacement

Lawns and Garden work

Amount: $86.25
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Sam Brown and Ashley Margaret Welsh to pay Slpm Limited $2,664.32 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,664.32 (3600513-013) to Slpm Limited immediately. The Bond Centre is to pay the bond of $2,135.68 (3600513-013) to Sam Brown and Ashley Margaret Welsh immediately.

Reasons

Both parties attended the hearing. The landlord attended the hearing by telephone. Sam Brown had authority to represent himself and Ashley Welsh.
The tenant has applied for refund of the bond.
The landlord has applied for rent arrears, compensation and refund of the bond.

How much is owed for rent?

The tenancy ended on 31 January 2023. The parties agreed that $500.85 was owed for rent arrears at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had to replace light bulbs. The tenant disputed that he should be responsible for replacement of the heat lamps from the bathroom. I don’t consider these to be specialty bulbs and therefore the tenant should be liable for the replacement cost of these.
The amounts ordered are proved.
At the hearing the landlord sought compensation and exemplary damages to cover the loss of rent due to the delay in replacing the carpet. The carpet was not replaced until 28 February 2023. Part of the delay was due to the tenant attempting to engage a friend to replace the carpet. This was not successful partly because it was around the time when Auckland experienced severe weather which put carpet replacement companies in high demand.
However, part of the delay was accepted by the landlord agreeing to the tenant making his own enquiries to replace the carpet. I am not satisfied that the tenant should be entirely responsible for the delay and the lost rent. Also, there is an expectation that there can be some delay between the ending of one tenancy and the commencement of another. The landlord’s claim in relation to lost rent is dismissed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4602449 — net $2,664.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$500.85	Rent arrears
Light bulbs/batteries	$64.72	Light bulbs/batteries
Carpet replacement	$1,725.00	Carpet replacement
Lawns and Garden work	$86.25	Lawns and Garden work
Rubbish removal	$115.00	Rubbish removal
Cleaning	$172.50	Cleaning
Net award	$2,664.32
Total payable by Tenant to Landlord	$2,664.32

Claims and awards for application 4602449 — net $2,664.32 NZD. Verify on MoJ.

Rent arrears

Amount: $500.85
Awarded to: Landlord
Reason: Rent arrears

Light bulbs/batteries

Amount: $64.72
Awarded to: Landlord
Reason: Light bulbs/batteries

Carpet replacement

Amount: $1,725.00
Awarded to: Landlord
Reason: Carpet replacement

Lawns and Garden work

Amount: $86.25
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Sam Brown and Ashley Margaret Welsh to pay Slpm Limited $2,664.32 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,664.32 (3600513-013) to Slpm Limited immediately. The Bond Centre is to pay the bond of $2,135.68 (3600513-013) to Sam Brown and Ashley Margaret Welsh immediately.

Reasons

Both parties attended the hearing. The landlord attended the hearing by telephone. Sam Brown had authority to represent himself and Ashley Welsh.
The tenant has applied for refund of the bond.
The landlord has applied for rent arrears, compensation and refund of the bond.

How much is owed for rent?

The tenancy ended on 31 January 2023. The parties agreed that $500.85 was owed for rent arrears at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had to replace light bulbs. The tenant disputed that he should be responsible for replacement of the heat lamps from the bathroom. I don’t consider these to be specialty bulbs and therefore the tenant should be liable for the replacement cost of these.
The amounts ordered are proved.
At the hearing the landlord sought compensation and exemplary damages to cover the loss of rent due to the delay in replacing the carpet. The carpet was not replaced until 28 February 2023. Part of the delay was due to the tenant attempting to engage a friend to replace the carpet. This was not successful partly because it was around the time when Auckland experienced severe weather which put carpet replacement companies in high demand.
However, part of the delay was accepted by the landlord agreeing to the tenant making his own enquiries to replace the carpet. I am not satisfied that the tenant should be entirely responsible for the delay and the lost rent. Also, there is an expectation that there can be some delay between the ending of one tenancy and the commencement of another. The landlord’s claim in relation to lost rent is dismissed.

Tenancy Tribunal case 4602449 — Property damage at 54 Lillington Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4602449 — Property damage at 54 Lillington Road, Remuera, Auckland 1050

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions