What was the outcome of Tenancy Tribunal case 4667609?

The tribunal order states: Jade Miller and Michael Jamieson must pay Seddon Street Property

How much money was awarded in case 4667609?

3 Tip Fees: $213.00 awarded to landlord; Cleaning: $625.92 awarded to landlord; Cleaning: $270.00 awarded to landlord; Cleaning: $637.98 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Items Left To The Tip: $275.00 awarded to landlord; Keys And Final Rubbish: $565.80 awarded to landlord; Plumber Unblock Toilet Wet Wipes: $121.90 awarded to landlord; Property Damage: $729.00 awarded to landlord; Rent Arrears: $8,878.57 awarded to landlord; Rubbish Removal: $1,431.75 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Trampoline Disposal: $428.95 awarded to landlord

What type of tenancy dispute was case 4667609?

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

Where can I read the official tribunal order for case 4667609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628863-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4667609?

The tribunal order states: Jade Miller and Michael Jamieson must pay Seddon Street Property

How much money was awarded in case 4667609?

3 Tip Fees: $213.00 awarded to landlord; Cleaning: $625.92 awarded to landlord; Cleaning: $270.00 awarded to landlord; Cleaning: $637.98 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Items Left To The Tip: $275.00 awarded to landlord; Keys And Final Rubbish: $565.80 awarded to landlord; Plumber Unblock Toilet Wet Wipes: $121.90 awarded to landlord; Property Damage: $729.00 awarded to landlord; Rent Arrears: $8,878.57 awarded to landlord; Rubbish Removal: $1,431.75 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Trampoline Disposal: $428.95 awarded to landlord

What type of tenancy dispute was case 4667609?

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

Where can I read the official tribunal order for case 4667609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628863-Tenancy_Tribunal_Order.pdf.

39 Tennis Court Road, Raumati South, Paraparaumu 5032 Tenancy Tribunal Case 4667609 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4667609 — net $12,833.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to vacation date	$8,878.57	Rent arrears to vacation date
Plumber unblock toilet wet wipes	$121.90	Plumber unblock toilet wet wipes
Painting repairs	$729.00	Painting repairs
Repairs: to doors etc, rubbish removal and lawns	$1,431.75	Repairs: to doors etc, rubbish removal and lawns
Carpet Cleaning	$625.92	Carpet Cleaning
Oven cleaning	$270.00	Oven cleaning
Cleaning: whole house	$637.98	Cleaning: whole house
3 Tip fees	$213.00	3 Tip fees
Items left to the tip	$275.00	Items left to the tip
Asbestos rubbish removal	$1,035.00	Asbestos rubbish removal
Trampoline disposal	$428.95	Trampoline disposal
Keys and final rubbish	$565.80	Keys and final rubbish
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 10 November 2023 _______________________________…
Net award	$12,833.31
Total payable by Tenant to Landlord	$12,833.31

Jade Miller and Michael Jamieson must pay Seddon Street Property Management Limited As Agent For Phil Martin And Natasha Martin $12,833.31 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to vacation date$8,878.57 Plumber unblock toilet wet wipes$121.90 Painting repairs$729.00 Repairs: to doors etc, rubbish removal and lawns$1,431.75 Carpet Cleaning$625.92 Oven cleaning$270.00 Cleaning: whole house$637.98 3 Tip fees$213.00 Items left to the tip$275.00 Asbestos rubbish removal$1,035.00 Trampoline disposal$428.95 Keys and final rubbish$565.80 Filing fee reimbursement$20.44 Total award$15,233.31 Bond$2,400.00 Total payable by Tenant to Landlord$12,833.31

The Bond Centre is to pay the bond of $2,400.00 (5054741-003) to Seddon Street Property Management Limited As Agent For Phil Martin And Natasha Martin immediately.

Reasons

The hearing was set for all parties to attend at the court at 9:30am. A message was sent to the Registry by Jade Miller that she would not be attending and that Michael Jamieson would be available by phone. This was relayed to the Porirua Court at 9:26am. Teleconferences are not ususally granted at short notice however the Tribunal hearing room was then set up to provide for a teleconference with Michael Jamieson. He was phoned but the call went to voicemail.

The landlord appeared at the hearing.

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 tenancy ended on 9 July 2023. At that time $8,878.57 was owing in rent. 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, 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord has provided photos of the state of the property when the tenants vacated. The tenants appear to have made no effort to leave the premises reasonably clean and tidy. Carpets were badly stained, the toilet was blocked with wet wipes, the oven was very dirty. There was a considerable amount of rubbish including asbestos both in bags and on the ground from their commercial operation. Qualified contractors had to be engaged to remove that rubbish. After the tenants collected what they wanted of their belongings from the garage the landlord had to arrange for what was left to be taken to the tip. There were three loads incurring tip fees.

The tenants have not been charged the full amount they could have for rectifying the state of the premises. For example they left their goods in the house and the property manager and another person took about five hours to transfer them to the double garage so clean-up and repairs to the premises could take place. The tenants have not been charged for that time.

The tenant did not return all the keys.

The amounts claimed for making the property reasonably clean and tidy have been proved.

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.

There was damage to doors which appears to be intentional damage. Holes do not happen in doors without force. There is painting that was also necessary due to damage that was more than fair wear and tear. The tenants have not disproved liability for the damage.

The amounts ordered are proved. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Claims and awards in Tenancy Tribunal application 4667609 — net $12,833.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to vacation date	$8,878.57	Rent arrears to vacation date
Plumber unblock toilet wet wipes	$121.90	Plumber unblock toilet wet wipes
Painting repairs	$729.00	Painting repairs
Repairs: to doors etc, rubbish removal and lawns	$1,431.75	Repairs: to doors etc, rubbish removal and lawns
Carpet Cleaning	$625.92	Carpet Cleaning
Oven cleaning	$270.00	Oven cleaning
Cleaning: whole house	$637.98	Cleaning: whole house
3 Tip fees	$213.00	3 Tip fees
Items left to the tip	$275.00	Items left to the tip
Asbestos rubbish removal	$1,035.00	Asbestos rubbish removal
Trampoline disposal	$428.95	Trampoline disposal
Keys and final rubbish	$565.80	Keys and final rubbish
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 10 November 2023 _______________________________…
Net award	$12,833.31
Total payable by Tenant to Landlord	$12,833.31

Order

Jade Miller and Michael Jamieson must pay Seddon Street Property Management Limited As Agent For Phil Martin And Natasha Martin $12,833.31 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to vacation date$8,878.57 Plumber unblock toilet wet wipes$121.90 Painting repairs$729.00 Repairs: to doors etc, rubbish removal and lawns$1,431.75 Carpet Cleaning$625.92 Oven cleaning$270.00 Cleaning: whole house$637.98 3 Tip fees$213.00 Items left to the tip$275.00 Asbestos rubbish removal$1,035.00 Trampoline disposal$428.95 Keys and final rubbish$565.80 Filing fee reimbursement$20.44 Total award$15,233.31 Bond$2,400.00 Total payable by Tenant to Landlord$12,833.31
The Bond Centre is to pay the bond of $2,400.00 (5054741-003) to Seddon Street Property Management Limited As Agent For Phil Martin And Natasha Martin immediately.

Reasons

The hearing was set for all parties to attend at the court at 9:30am. A message was sent to the Registry by Jade Miller that she would not be attending and that Michael Jamieson would be available by phone. This was relayed to the Porirua Court at 9:26am. Teleconferences are not ususally granted at short notice however the Tribunal hearing room was then set up to provide for a teleconference with Michael Jamieson. He was phoned but the call went to voicemail.
The landlord appeared at the hearing.
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 tenancy ended on 9 July 2023. At that time $8,878.57 was owing in rent. 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, 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord has provided photos of the state of the property when the tenants vacated. The tenants appear to have made no effort to leave the premises reasonably clean and tidy. Carpets were badly stained, the toilet was blocked with wet wipes, the oven was very dirty. There was a considerable amount of rubbish including asbestos both in bags and on the ground from their commercial operation. Qualified contractors had to be engaged to remove that rubbish. After the tenants collected what they wanted of their belongings from the garage the landlord had to arrange for what was left to be taken to the tip. There were three loads incurring tip fees.
The tenants have not been charged the full amount they could have for rectifying the state of the premises. For example they left their goods in the house and the property manager and another person took about five hours to transfer them to the double garage so clean-up and repairs to the premises could take place. The tenants have not been charged for that time.
The tenant did not return all the keys.
The amounts claimed for making the property reasonably clean and tidy have been proved.

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.
There was damage to doors which appears to be intentional damage. Holes do not happen in doors without force. There is painting that was also necessary due to damage that was more than fair wear and tear. The tenants have not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4667609 — Rent arrears at 39 Tennis Court Road, Raumati South, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4667609 — Rent arrears at 39 Tennis Court Road, Raumati South, Paraparaumu 5032

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

Property management

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

Property management

Frequently asked questions