What was Tenancy Tribunal case 4658230 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 4658230?

Rubbish Removal: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Rent Arrears: $270.00 awarded to landlord; Kitchen Drawer Front: $102.50 awarded to landlord

What type of tenancy dispute was case 4658230?

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

Where can I read the official tribunal order for case 4658230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9478874-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4658230 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 4658230?

Rubbish Removal: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Rent Arrears: $270.00 awarded to landlord; Kitchen Drawer Front: $102.50 awarded to landlord

What type of tenancy dispute was case 4658230?

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

Where can I read the official tribunal order for case 4658230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9478874-Tribunal_Order_Redacted.pdf.

11 Jarrow Place, Halswell, Christchurch 8025 Tenancy Tribunal Case 4658230 — Rent arrears

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11 Jarrow Place, Halswell, Christchurch 8025 Tenancy Tribunal Case 4658230 — 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 4658230 — net $1,827.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (3 days from 4/08/23 to 7/08/23	$270.00	Rent arrears (3 days from 4/08/23 to 7/08/23
Cleaning: including carpet cleaning, rubbish removal and general cleaning	$1,035.00	Cleaning: including carpet cleaning, rubbish removal and general cleaning
Lawns and Garden work (excluding weed spraying	$400.00	Lawns and Garden work (excluding weed spraying
Repairs: kitchen drawer front	$102.50	Repairs: kitchen drawer front
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,827.94
Total payable by Tenant to Landlord	$1,827.94

Claims and awards for application 4658230 — net $1,827.94 NZD. Verify on MoJ.

Rent arrears (3 days from 4/08/23 to 7/08/23

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears (3 days from 4/08/23 to 7/08/23

Cleaning: including carpet cleaning, rubbish removal and general cleaning

Amount: $1,035.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning, rubbish removal and general cleaning

Lawns and Garden work (excluding weed spraying

Amount: $400.00
Awarded to: Landlord
Reason: Lawns and Garden work (excluding weed spraying

Repairs: kitchen drawer front

Amount: $102.50
Awarded to: Landlord
Reason: Repairs: kitchen drawer front

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] must pay Rempstone Property Management Limited $1,827.94 immediately, calculated as shown in table below.
The landlord’s applications for weed spraying for regrowth control and the replacement of a leaking laundry tap are dismissed.

Reasons

Mr Bai attended the hearing on behalf of the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

In its application, the landlord claimed the full amount of rent arrears to 7 August 2023 (being $9090.00 less the bond of $2520.00 giving a balance of $6570.00).
However, a previous order of the Tribunal (4569743) terminated the tenancy on 4 August 2023 and ordered payment of rent arrears to that date. That order is in the process of being enforced. The landlord’s agent acknowledged that the only additional arrears to be claimed here is the $270.00 ordered above.
The tenancy actually ended, by agreement, on 7 October 2023.
The landlord provided email evidence to show that the three-day extension was agreed on the basis that rent would be payable for these additional days. The landlord also provided rent records to prove the amount owing at the end of the tenancy, being $270 for three additional days.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an invoice for cleaning, including carpet cleaning and rubbish removal, in the amount of $1035.00. The landlord provided photographic evidence which showed that the property was not left reasonably clean and tidy.
Under the tenancy agreement, maintenance of lawns and gardens was the tenants’ responsibility. The lawns and gardens were not left reasonably tidy at the end of the tenancy.
The landlord provided an invoice from Green Acres and photographic evidence to support its claim for lawn and garden work.
The amounts ordered are proved.
I have reduced the amount ordered under the Green Acres gardening invoice from $450.00 to $400.00 to represent an amount ($50.00) for spraying to control weed regrowth (included in the invoice narration) as I do not consider this the tenants’ responsibility.

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 under sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: damage to the front panel of the kitchen rubbish drawer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographic evidence and an invoice from Canterbury Properties Maintenance Ltd to prove the damage and the cost of repair.
The amounts ordered are proved.
I have reduced the amount ordered under the Canterbury Properties Maintenance invoice from the $205.00 claimed to $102.50. The invoice included the cost to repair the drawer front ordered above and replacement of a leaking laundry tap. The landlord’s agent agreed during the hearing that the tenant was not responsible for replacement of the leaking tap.
As Rempstone Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.
The tenants’ names were suppressed in the previous order of the Tribunal referred to in paragraph 4 above (4569743). I have continued that suppression here.

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 4658230 — net $1,827.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (3 days from 4/08/23 to 7/08/23	$270.00	Rent arrears (3 days from 4/08/23 to 7/08/23
Cleaning: including carpet cleaning, rubbish removal and general cleaning	$1,035.00	Cleaning: including carpet cleaning, rubbish removal and general cleaning
Lawns and Garden work (excluding weed spraying	$400.00	Lawns and Garden work (excluding weed spraying
Repairs: kitchen drawer front	$102.50	Repairs: kitchen drawer front
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,827.94
Total payable by Tenant to Landlord	$1,827.94

Claims and awards for application 4658230 — net $1,827.94 NZD. Verify on MoJ.

Rent arrears (3 days from 4/08/23 to 7/08/23

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears (3 days from 4/08/23 to 7/08/23

Cleaning: including carpet cleaning, rubbish removal and general cleaning

Amount: $1,035.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning, rubbish removal and general cleaning

Lawns and Garden work (excluding weed spraying

Amount: $400.00
Awarded to: Landlord
Reason: Lawns and Garden work (excluding weed spraying

Repairs: kitchen drawer front

Amount: $102.50
Awarded to: Landlord
Reason: Repairs: kitchen drawer front

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] must pay Rempstone Property Management Limited $1,827.94 immediately, calculated as shown in table below.
The landlord’s applications for weed spraying for regrowth control and the replacement of a leaking laundry tap are dismissed.

Reasons

Mr Bai attended the hearing on behalf of the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

In its application, the landlord claimed the full amount of rent arrears to 7 August 2023 (being $9090.00 less the bond of $2520.00 giving a balance of $6570.00).
However, a previous order of the Tribunal (4569743) terminated the tenancy on 4 August 2023 and ordered payment of rent arrears to that date. That order is in the process of being enforced. The landlord’s agent acknowledged that the only additional arrears to be claimed here is the $270.00 ordered above.
The tenancy actually ended, by agreement, on 7 October 2023.
The landlord provided email evidence to show that the three-day extension was agreed on the basis that rent would be payable for these additional days. The landlord also provided rent records to prove the amount owing at the end of the tenancy, being $270 for three additional days.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an invoice for cleaning, including carpet cleaning and rubbish removal, in the amount of $1035.00. The landlord provided photographic evidence which showed that the property was not left reasonably clean and tidy.
Under the tenancy agreement, maintenance of lawns and gardens was the tenants’ responsibility. The lawns and gardens were not left reasonably tidy at the end of the tenancy.
The landlord provided an invoice from Green Acres and photographic evidence to support its claim for lawn and garden work.
The amounts ordered are proved.
I have reduced the amount ordered under the Green Acres gardening invoice from $450.00 to $400.00 to represent an amount ($50.00) for spraying to control weed regrowth (included in the invoice narration) as I do not consider this the tenants’ responsibility.

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 under sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: damage to the front panel of the kitchen rubbish drawer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographic evidence and an invoice from Canterbury Properties Maintenance Ltd to prove the damage and the cost of repair.
The amounts ordered are proved.
I have reduced the amount ordered under the Canterbury Properties Maintenance invoice from the $205.00 claimed to $102.50. The invoice included the cost to repair the drawer front ordered above and replacement of a leaking laundry tap. The landlord’s agent agreed during the hearing that the tenant was not responsible for replacement of the leaking tap.
As Rempstone Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.
The tenants’ names were suppressed in the previous order of the Tribunal referred to in paragraph 4 above (4569743). I have continued that suppression here.

Tenancy Tribunal case 4658230 — Rent arrears at 11 Jarrow Place, Halswell, Christchurch 8025

At a glance

Tenancy Tribunal case 4658230 — Rent arrears at 11 Jarrow Place, Halswell, Christchurch 8025

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