How much money was awarded in case 4656149?

Cleaning: $212.50 awarded to landlord; Cleaning: $368.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $427.50 awarded to landlord; Rent Arrears: $630.00 awarded to landlord; Water Rates: $193.28 awarded to landlord

What type of tenancy dispute was case 4656149?

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

Where can I read the official tribunal order for case 4656149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012555-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4656149?

Cleaning: $212.50 awarded to landlord; Cleaning: $368.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $427.50 awarded to landlord; Rent Arrears: $630.00 awarded to landlord; Water Rates: $193.28 awarded to landlord

What type of tenancy dispute was case 4656149?

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

Where can I read the official tribunal order for case 4656149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012555-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4656149 — Rent arrears

Q: What was Tenancy Tribunal case 4656149 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 4656149 — net $1,851.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 July 2023	$630.00	Rent arrears as at 3 July 2023
Water rates as at 3 July 2023	$193.28	Water rates as at 3 July 2023
Cleaning	$368.00	Cleaning
Carpet Cleaning	$212.50	Carpet Cleaning
Replacement curtains	$427.50	Replacement curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,851.72
Total payable by Tenant to Landlord	$1,851.72

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

Andrew Bradford Bowring and Shani Shani to pay [The landlord/s] $1,851.72 from the bond, calculated as shown in table below.

The Bond Centre to pay $222.90 from the bond to Andrew Bradford Bowring and Shani Shani.

Reasons

The tenants did not attend today’s hearing and it went ahead in their absence.

The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy - $630.00 in rent arrears and $193.28 in outstanding water rates.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants 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 photographs taken when the tenancy ended show that the tenants did not leave the premises reasonably clean and tidy. For example, photographs of the carpet taken at the beginning of the tenancy show a very clean carpet throughout the house. Photographs taken at the end of the tenancy show a carpet that is very dirty and significantly stained in places.

Similarly, photographs taken at the end of the tenancy show a kitchen which by and large loos like it has not been cleaned, dirty walls, window sills and ceilings and a toilet that has not been cleaned.

The amounts ordered to remedy these issues have been proved with invoices.

Further to this, the photographs show that two sets of curtains in the lounge have been replaced during the tenancy.

In ordering the tenants to pay the cost of replacement of these curtains with curtains of similar quality to the original curtains, I have taken depreciation into account.

I note that the landlord has advised the tenants that they have the curtains that the tenants put up in the premises ready to be picked up.

Are the tenants 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 claims the cost of repairing a hole in the hallway wall, just below the phone port.

I am dismissing this part of the landlord’s claim because: (a) The pre-entry inspection report shows that the hallway walls already show multiple pin holes, peeling wallpaper along the seams and a crack below the phone port; and (b) A photograph taken at the end of the tenancy shows a very small hole in the seam of the wallpaper below the phone port; and (c) The hole claimed for could coincide with the crack described in the pre-entry report; and (d) For all of the above reasons I consider the small hole to be fair wear and tear during the tenancy in an area that was already exhibiting signs of wear and tear. Filing fee reimbursement

I am ordering the tenants to reimburse the filing fee to the landlord because the landlord has substantially succeeded in the claim against them. Bond

I note that $445.38 from the bond has already been refunded to the tenants as per the mediator’s order dated 14 September 2023.

This leaves an amount of $2,074.62 which is distributed as per the order above. Suppression of the landlord’s name

Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.

I am suppressing the landlord’s name because they applied for it and have substantially succeeded with the claim – s95A(1). C ter Haar 27 February 2024

Claims and awards in Tenancy Tribunal application 4656149 — net $1,851.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 July 2023	$630.00	Rent arrears as at 3 July 2023
Water rates as at 3 July 2023	$193.28	Water rates as at 3 July 2023
Cleaning	$368.00	Cleaning
Carpet Cleaning	$212.50	Carpet Cleaning
Replacement curtains	$427.50	Replacement curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,851.72
Total payable by Tenant to Landlord	$1,851.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Andrew Bradford Bowring and Shani Shani to pay [The landlord/s] $1,851.72 from the bond, calculated as shown in table below.
The Bond Centre to pay $222.90 from the bond to Andrew Bradford Bowring and Shani Shani.

Reasons

The tenants did not attend today’s hearing and it went ahead in their absence.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy - $630.00 in rent arrears and $193.28 in outstanding water rates.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants 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 photographs taken when the tenancy ended show that the tenants did not leave the premises reasonably clean and tidy. For example, photographs of the carpet taken at the beginning of the tenancy show a very clean carpet throughout the house. Photographs taken at the end of the tenancy show a carpet that is very dirty and significantly stained in places.
Similarly, photographs taken at the end of the tenancy show a kitchen which by and large loos like it has not been cleaned, dirty walls, window sills and ceilings and a toilet that has not been cleaned.
The amounts ordered to remedy these issues have been proved with invoices.
Further to this, the photographs show that two sets of curtains in the lounge have been replaced during the tenancy.
In ordering the tenants to pay the cost of replacement of these curtains with curtains of similar quality to the original curtains, I have taken depreciation into account.
I note that the landlord has advised the tenants that they have the curtains that the tenants put up in the premises ready to be picked up.

Are the tenants 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 claims the cost of repairing a hole in the hallway wall, just below the phone port.
I am dismissing this part of the landlord’s claim because: (a) The pre-entry inspection report shows that the hallway walls already show multiple pin holes, peeling wallpaper along the seams and a crack below the phone port; and (b) A photograph taken at the end of the tenancy shows a very small hole in the seam of the wallpaper below the phone port; and (c) The hole claimed for could coincide with the crack described in the pre-entry report; and (d) For all of the above reasons I consider the small hole to be fair wear and tear during the tenancy in an area that was already exhibiting signs of wear and tear. Filing fee reimbursement
I am ordering the tenants to reimburse the filing fee to the landlord because the landlord has substantially succeeded in the claim against them. Bond
I note that $445.38 from the bond has already been refunded to the tenants as per the mediator’s order dated 14 September 2023.
This leaves an amount of $2,074.62 which is distributed as per the order above. Suppression of the landlord’s name
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
I am suppressing the landlord’s name because they applied for it and have substantially succeeded with the claim – s95A(1). C ter Haar 27 February 2024

Tenancy Tribunal case 4656149 — Rent arrears

At a glance

Tenancy Tribunal case 4656149 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants 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 and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions