What was Tenancy Tribunal case 4642554 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4642554?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $2,431.00 awarded to landlord; Carpet: $750.00 awarded to landlord; Gate: $200.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Kitchen Vinyl: $300.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4642554?

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

Where can I read the official tribunal order for case 4642554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494612-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642554 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4642554?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $2,431.00 awarded to landlord; Carpet: $750.00 awarded to landlord; Gate: $200.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Kitchen Vinyl: $300.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4642554?

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

Where can I read the official tribunal order for case 4642554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494612-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4642554 — Rent arrears

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New Zealand Tenancy Tribunal Case 4642554 — Rent arrears | 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 4642554 — net $5,211.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 June 2023	$2,431.00	Rent arrears (to 17 June 2023
Rubbish removal	$450.00	Rubbish removal
Repairs: Gate	$200.00	Repairs: Gate
Repairs: Carpet	$750.00	Repairs: Carpet
Repairs: Vinyl	$300.00	Repairs: Vinyl
Repairs: Hole repair and painting	$600.00	Repairs: Hole repair and painting
Repair – Replace oven	$400.00	Repair – Replace oven
Lawns and Garden work	$60.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,211.44
Total payable by Tenant to Landlord	$5,211.44

Claims and awards for application 4642554 — net $5,211.44 NZD. Verify on MoJ.

Rent arrears (to 17 June 2023

Amount: $2,431.00
Awarded to: Landlord
Reason: Rent arrears (to 17 June 2023

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Gate

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Gate

Repairs: Carpet

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Carpet

Repairs: Vinyl

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: Vinyl

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rebecca Blackburn must pay [The landlord/s] $5,211.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 17 June 2023)$2,431.00 Rubbish removal$450.00 Repairs: Gate$200.00 Repairs: Carpet$750.00 Repairs: Vinyl$300.00 Repairs: Hole repair and painting$600.00 Repair – Replace oven $400.00 Lawns and Garden work$60.00 Filing fee reimbursement$20.44 Total award$5,211.44 Total payable by Tenant to Landlord$5,211.44
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. In each instance, the landlord is required to prove its claim, on the balance of probabilities. It has the onus of providing evidence to the Tribunal to prove its claims.

How much is owed for rent?

The tenancy ended on 17 June 2023. The landlord provided rent records and oral evidence which prove the amount of $2,431.00 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, 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 landlord provided some photographs and claimed for its own time in disposing of rubbish, gardening and tidying the property.
The evidence provided by the landlord in relation to the condition of the property and costs incurred was not as compelling as it could have been. The landlord did not establish all aspects of its claims, or the loss suffered.
However, the landlord did establish that some rubbish removal and gardening was required. I have awarded global sums based on the photographs provided and made an assessment of the reasonable time it would take to complete the work and applied a rate of $30 for the landlord’s own time.

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 following damage was caused during the tenancy: a gate was bent, carpet and vinyl were stained and carpet water sodden by a fish tank, the oven was damaged beyond repair and a wall was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The evidence was lacking in detail, especially around the actual repair costs incurred, but the landlord did establish that some compensation is appropriate. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.
As the landlord was substantially successful, I have awarded reimbursement of the filing fee and granted the landlord’s request for suppression of its details.

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 4642554 — net $5,211.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 June 2023	$2,431.00	Rent arrears (to 17 June 2023
Rubbish removal	$450.00	Rubbish removal
Repairs: Gate	$200.00	Repairs: Gate
Repairs: Carpet	$750.00	Repairs: Carpet
Repairs: Vinyl	$300.00	Repairs: Vinyl
Repairs: Hole repair and painting	$600.00	Repairs: Hole repair and painting
Repair – Replace oven	$400.00	Repair – Replace oven
Lawns and Garden work	$60.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,211.44
Total payable by Tenant to Landlord	$5,211.44

Claims and awards for application 4642554 — net $5,211.44 NZD. Verify on MoJ.

Rent arrears (to 17 June 2023

Amount: $2,431.00
Awarded to: Landlord
Reason: Rent arrears (to 17 June 2023

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Gate

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Gate

Repairs: Carpet

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Carpet

Repairs: Vinyl

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: Vinyl

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rebecca Blackburn must pay [The landlord/s] $5,211.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 17 June 2023)$2,431.00 Rubbish removal$450.00 Repairs: Gate$200.00 Repairs: Carpet$750.00 Repairs: Vinyl$300.00 Repairs: Hole repair and painting$600.00 Repair – Replace oven $400.00 Lawns and Garden work$60.00 Filing fee reimbursement$20.44 Total award$5,211.44 Total payable by Tenant to Landlord$5,211.44
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. In each instance, the landlord is required to prove its claim, on the balance of probabilities. It has the onus of providing evidence to the Tribunal to prove its claims.

How much is owed for rent?

The tenancy ended on 17 June 2023. The landlord provided rent records and oral evidence which prove the amount of $2,431.00 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, 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 landlord provided some photographs and claimed for its own time in disposing of rubbish, gardening and tidying the property.
The evidence provided by the landlord in relation to the condition of the property and costs incurred was not as compelling as it could have been. The landlord did not establish all aspects of its claims, or the loss suffered.
However, the landlord did establish that some rubbish removal and gardening was required. I have awarded global sums based on the photographs provided and made an assessment of the reasonable time it would take to complete the work and applied a rate of $30 for the landlord’s own time.

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 following damage was caused during the tenancy: a gate was bent, carpet and vinyl were stained and carpet water sodden by a fish tank, the oven was damaged beyond repair and a wall was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The evidence was lacking in detail, especially around the actual repair costs incurred, but the landlord did establish that some compensation is appropriate. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.
As the landlord was substantially successful, I have awarded reimbursement of the filing fee and granted the landlord’s request for suppression of its details.

Tenancy Tribunal case 4642554 — Rent arrears

At a glance

Tenancy Tribunal case 4642554 — 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?

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