How much money was awarded in case 4639933?

Cleaning: $270.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,648.57 awarded to landlord; Rubbish Removal: $379.53 awarded to landlord; Tip Fees: $32.50 awarded to landlord

What type of tenancy dispute was case 4639933?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4639933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401920-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4639933?

Cleaning: $270.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,648.57 awarded to landlord; Rubbish Removal: $379.53 awarded to landlord; Tip Fees: $32.50 awarded to landlord

What type of tenancy dispute was case 4639933?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4639933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401920-Tenancy_Tribunal_Order.pdf.

7 Seddon Street, Masterton 5810 Tenancy Tribunal Case 4639933 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4639933?

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 4639933 — net $5,231.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy (total	$6,648.57	Rent arrears at end of tenancy (total
Repairs and rubbish removal	$379.53	Repairs and rubbish removal
Carpet Cleaning	$270.00	Carpet Cleaning
Tip fees	$32.50	Tip fees
Filing fee	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. R Woodhouse 11 September 2023 _________________________________________…
Net award	$5,231.04
Total payable by Tenant to Landlord	$5,231.04

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

This order combines the money order issued by the Tribunal on 16 May 2023 under application 4542651.

Stephanie Rose Lamb must pay Property Brokers Limited As Agent For Charlotte Lovell $5,231.04 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy (total)$6,648.57 Repairs and rubbish removal$379.53 Carpet Cleaning$270.00 Tip fees Filing fee $32.50 $20.44 Total award$7,351.04 Minus bond- $2,120.00 Total payable by Tenant to Landlord$5,231.04

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

The tenancy has terminated. I note that the Tribunal issued a conditional termination order on 16 May 2023, from which rent arrears of $4,260.44 including the filing fee, were ordered.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears as of the end of the tenancy. As noted above, the Tribunal has issued a previous order that the tenant pay $4,240.00 being rent arrears as of 19 May 2023.

The landlord seeks a further order of rent arrears to the date the tenancy ended, which was 5 July 2023.

The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.

It is sensible that I make a single order which combines the amount ordered on 16 May 2023, but of course in doing so, the landlord should only enforce this current order if necessary.

The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full, being rent arrears totalling $6,648.57

COMPENSATION CLAIMS

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.

In this case I consider the landlord has established the following claims. a. I accept that cleaning including carpet cleaning was required on account of a dog the tenant had in the premises. b. I accept there was rubbish left on the premises that required a worker to remove and tip fees for dumping. c. I accept that weed spraying was necessary, to address gardens which are the tenants responsibility. d. I accept there was a repair to an internal wall required. The tenant has not disproven liability for that damage.

The amounts ordered are proved, and have not been disputed by the tenant. The claim is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 4639933 — net $5,231.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy (total	$6,648.57	Rent arrears at end of tenancy (total
Repairs and rubbish removal	$379.53	Repairs and rubbish removal
Carpet Cleaning	$270.00	Carpet Cleaning
Tip fees	$32.50	Tip fees
Filing fee	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. R Woodhouse 11 September 2023 _________________________________________…
Net award	$5,231.04
Total payable by Tenant to Landlord	$5,231.04

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
This order combines the money order issued by the Tribunal on 16 May 2023 under application 4542651.
Stephanie Rose Lamb must pay Property Brokers Limited As Agent For Charlotte Lovell $5,231.04 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy (total)$6,648.57 Repairs and rubbish removal$379.53 Carpet Cleaning$270.00 Tip fees Filing fee $32.50 $20.44 Total award$7,351.04 Minus bond- $2,120.00 Total payable by Tenant to Landlord$5,231.04

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.
The tenancy has terminated. I note that the Tribunal issued a conditional termination order on 16 May 2023, from which rent arrears of $4,260.44 including the filing fee, were ordered.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears as of the end of the tenancy. As noted above, the Tribunal has issued a previous order that the tenant pay $4,240.00 being rent arrears as of 19 May 2023.
The landlord seeks a further order of rent arrears to the date the tenancy ended, which was 5 July 2023.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
It is sensible that I make a single order which combines the amount ordered on 16 May 2023, but of course in doing so, the landlord should only enforce this current order if necessary.
The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full, being rent arrears totalling $6,648.57

COMPENSATION CLAIMS

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
In this case I consider the landlord has established the following claims. a. I accept that cleaning including carpet cleaning was required on account of a dog the tenant had in the premises. b. I accept there was rubbish left on the premises that required a worker to remove and tip fees for dumping. c. I accept that weed spraying was necessary, to address gardens which are the tenants responsibility. d. I accept there was a repair to an internal wall required. The tenant has not disproven liability for that damage.
The amounts ordered are proved, and have not been disputed by the tenant. The claim is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4639933 — Rent arrears at 7 Seddon Street, Masterton 5810

At a glance

Tenancy Tribunal case 4639933 — Rent arrears at 7 Seddon Street, Masterton 5810

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

COMPENSATION CLAIMS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

COMPENSATION CLAIMS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions