How much money was awarded in case 4641451?

Cleaning: $580.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $290.26 awarded to landlord; Rent Arrears: $1,785.00 awarded to landlord; Rubbish Removal: $253.00 awarded to landlord

What type of tenancy dispute was case 4641451?

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

Where can I read the official tribunal order for case 4641451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510081-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4641451?

Cleaning: $580.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $290.26 awarded to landlord; Rent Arrears: $1,785.00 awarded to landlord; Rubbish Removal: $253.00 awarded to landlord

What type of tenancy dispute was case 4641451?

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

Where can I read the official tribunal order for case 4641451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510081-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4641451 — Rent arrears

Q: What was Tenancy Tribunal case 4641451 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 4641451 — net $548.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2023	$1,785.00	Rent arrears to 13 June 2023
Rubbish removal	$253.00	Rubbish removal
Window repairs	$290.26	Window repairs
Carpet Cleaning: including stain removal	$580.15	Carpet Cleaning: including stain removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$548.85
Total payable by Tenant to Landlord	$548.85

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

The claims for replacement curtains and blinds and for the power are dismissed.

Amanda Mcintyre must pay [The landlord/s] $548.85 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing and was represented by [The landlord's representative].

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 parties signed a fixed term tenancy agreement for a year. The landlord said the tenant had to move out, and they agreed the tenancy could end early, as soon as a new tenant was found. The landlord said this was all done verbally, and there is no office record of the verbal agreement the tenancy could end. The tenant did not attend the hearing so I find the landlord has the best evidence here.

The landlord has claimed rent to 13 June 2023. I was provided with a copy of a new tenancy agreement for the same premises. I find the landlord can claim rent to 13 June 2023. The landlord provided rent records which prove the amount owing 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

I was provided with photos and I can see that there was a lot of rubbish and small belongings left behind at the end of the tenancy. The amount claimed for pickling it up and for disposal is reasonable. The claim for carpet cleaning is also allowed. The landlord provided me with good photos and a detailed invoice from [redacted]. This claim is proved.

There is a claim for the cost of reconnecting the power at the house so the cleaning could be done after the tenant moved out. The landlord submitted that the tenant should pay this cost, because it is not a cost a landlord usually has to pay. He said the only reason the landlord had to pay for the reconnection in this case is because the tenant did not leave the house in a reasonable condition. It looks like there is also a small cost for the power used. He also said that this was a cost during the tenancy, because of the agreement to end the fixed term early.

I am not persuaded by the submissions. The reality is that neither the landlord nor the tenant usually pays for the power between tenancies, so claims like this are rare. This claim most likely arises because the tenant’s power was disconnected during the tenancy. There is nothing in the RTA which requires the tenant to keep the power connected during a tenancy, so the claim for the reconnection fee is dismissed. The only reason the landlord has been charged for power used in the cleaning is because of the reconnection process. Accordingly, the claim for power use is dismissed.

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.

The landlord proved a window was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.

The claim for hanging a curtain, for a replacement blind in the kitchen and for replacement blinds in the bedrooms is dismissed. This is because the ingoing evidence is not clear. The pre-tenancy inspection report seems to show different curtains in the lounge, no blind in the kitchen and a blind already tied up in at least one of the bedrooms. I am not persuaded there has been any damage and this claim is dismissed.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and allowed suppression.

Claims and awards in Tenancy Tribunal application 4641451 — net $548.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2023	$1,785.00	Rent arrears to 13 June 2023
Rubbish removal	$253.00	Rubbish removal
Window repairs	$290.26	Window repairs
Carpet Cleaning: including stain removal	$580.15	Carpet Cleaning: including stain removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$548.85
Total payable by Tenant to Landlord	$548.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The claims for replacement curtains and blinds and for the power are dismissed.
Amanda Mcintyre must pay [The landlord/s] $548.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing and was represented by [The landlord's representative].
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 parties signed a fixed term tenancy agreement for a year. The landlord said the tenant had to move out, and they agreed the tenancy could end early, as soon as a new tenant was found. The landlord said this was all done verbally, and there is no office record of the verbal agreement the tenancy could end. The tenant did not attend the hearing so I find the landlord has the best evidence here.
The landlord has claimed rent to 13 June 2023. I was provided with a copy of a new tenancy agreement for the same premises. I find the landlord can claim rent to 13 June 2023. The landlord provided rent records which prove the amount owing 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
I was provided with photos and I can see that there was a lot of rubbish and small belongings left behind at the end of the tenancy. The amount claimed for pickling it up and for disposal is reasonable. The claim for carpet cleaning is also allowed. The landlord provided me with good photos and a detailed invoice from [redacted]. This claim is proved.
There is a claim for the cost of reconnecting the power at the house so the cleaning could be done after the tenant moved out. The landlord submitted that the tenant should pay this cost, because it is not a cost a landlord usually has to pay. He said the only reason the landlord had to pay for the reconnection in this case is because the tenant did not leave the house in a reasonable condition. It looks like there is also a small cost for the power used. He also said that this was a cost during the tenancy, because of the agreement to end the fixed term early.
I am not persuaded by the submissions. The reality is that neither the landlord nor the tenant usually pays for the power between tenancies, so claims like this are rare. This claim most likely arises because the tenant’s power was disconnected during the tenancy. There is nothing in the RTA which requires the tenant to keep the power connected during a tenancy, so the claim for the reconnection fee is dismissed. The only reason the landlord has been charged for power used in the cleaning is because of the reconnection process. Accordingly, the claim for power use is dismissed.

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.
The landlord proved a window was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
The claim for hanging a curtain, for a replacement blind in the kitchen and for replacement blinds in the bedrooms is dismissed. This is because the ingoing evidence is not clear. The pre-tenancy inspection report seems to show different curtains in the lounge, no blind in the kitchen and a blind already tied up in at least one of the bedrooms. I am not persuaded there has been any damage and this claim is dismissed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and allowed suppression.

Tenancy Tribunal case 4641451 — Rent arrears

At a glance

Tenancy Tribunal case 4641451 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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