What was the outcome of Tenancy Tribunal case 4669615?

The tribunal order states: The Bond Centre is to pay the bond of $1,480.00 (6435244-003) to Lodge City

How much money was awarded in case 4669615?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $349.00 awarded to landlord; Property Damage: $214.48 awarded to landlord; Property Damage: $387.34 awarded to landlord; Property Damage: $57.50 awarded to landlord; Rent Arrears: $951.43 awarded to landlord

What type of tenancy dispute was case 4669615?

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

Where can I read the official tribunal order for case 4669615?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673830-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4669615?

The tribunal order states: The Bond Centre is to pay the bond of $1,480.00 (6435244-003) to Lodge City

How much money was awarded in case 4669615?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $349.00 awarded to landlord; Property Damage: $214.48 awarded to landlord; Property Damage: $387.34 awarded to landlord; Property Damage: $57.50 awarded to landlord; Rent Arrears: $951.43 awarded to landlord

What type of tenancy dispute was case 4669615?

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

Where can I read the official tribunal order for case 4669615?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673830-Tenancy_Tribunal_Order.pdf.

Unit/Flat 10A, 34 Index Place, Manurewa, Auckland 2105 Tenancy Tribunal Case 4669615 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4669615 — net $800.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 July 2023	$951.43	Rent arrears to 27 July 2023
Replacement TV	$349.00	Replacement TV
Replacement TV Bracket	$214.48	Replacement TV Bracket
Replacement Goldair Heater	$387.34	Replacement Goldair Heater
Repair roller blind	$57.50	Repair roller blind
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$800.19
Total payable by Tenant to Landlord	$800.19

Only the landlord attended the hearing, represented by Mr Berryman.

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 following an order of the Tribunal for termination on 13 July 2023. At the hearing Mr Berryman advised that the tenant did not move out until 27 July 2023 and provided text messages with the tenant confirming the position.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord produced ingoing inspection photos and outgoing inspection photos showing that the property hadn’t been cleaned. There was a very small amount of rubbish left behind, the microwave hadn’t been cleaned, the carpets hadn’t been vacuumed and the bathroom needed cleaning.

The landlord has produced an invoice for $426.65 for cleaning. This was a very small property. In my view the amount of $300.00 represents a reasonable amount for cleaning. The tenant is not required to pay for the property to be in perfect condition ready for a new tenant to move in. The property only needs to be “reasonably clean and tidy”. In my view the amount ordered represents appropriate compensation for the landlord to get the property up to that standard.

The following chattels were missing at the end of the tenancy: a. TV mounted on the wall in the bedroom; and b. Bracketing for the TV.

The landlord produced invoices for a replacement TV ($349.00) and brackets with installation ($214.48). The amounts ordered are proved. I have not depreciated these amounts because the TV and bracketing were brand new when the tenant moved in and the landlord has taken advantage of a bulk discount when purchasing replacements.

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 wall mounted heater was damaged during the tenancy. The photos show that it has likely been hit as it has a very large dent. The landlord has replaced the heater, at a cost of $387.34 (invoice provided).

A roller blind was also damaged during the tenancy. The landlord produced a photos showing that the weight bar along the bottom of the blind had come away and needed to be replaced. The landlord produced an invoice in the amount of $57.50 for replacement of the blind.

I have not depreciated either amount as this was a brand new tenancy and the heater and blind were new at the outset. This was a fairly short tenancy of 18 months.

Because Lodge City Rentals Limited As Agent For Bentley Studios Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4669615 — net $800.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 July 2023	$951.43	Rent arrears to 27 July 2023
Replacement TV	$349.00	Replacement TV
Replacement TV Bracket	$214.48	Replacement TV Bracket
Replacement Goldair Heater	$387.34	Replacement Goldair Heater
Repair roller blind	$57.50	Repair roller blind
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$800.19
Total payable by Tenant to Landlord	$800.19

Order

The Bond Centre is to pay the bond of $1,480.00 (6435244-003) to Lodge City Rentals Limited as agent for Bentley Studios Ltd immediately.
Heaven Leigh Dow-Nikau must pay Lodge City Rentals Limited as agent for Bentley Studios Ltd $800.19 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Mr Berryman.
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 following an order of the Tribunal for termination on 13 July 2023. At the hearing Mr Berryman advised that the tenant did not move out until 27 July 2023 and provided text messages with the tenant confirming the position.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced ingoing inspection photos and outgoing inspection photos showing that the property hadn’t been cleaned. There was a very small amount of rubbish left behind, the microwave hadn’t been cleaned, the carpets hadn’t been vacuumed and the bathroom needed cleaning.
The landlord has produced an invoice for $426.65 for cleaning. This was a very small property. In my view the amount of $300.00 represents a reasonable amount for cleaning. The tenant is not required to pay for the property to be in perfect condition ready for a new tenant to move in. The property only needs to be “reasonably clean and tidy”. In my view the amount ordered represents appropriate compensation for the landlord to get the property up to that standard.
The following chattels were missing at the end of the tenancy: a. TV mounted on the wall in the bedroom; and b. Bracketing for the TV.
The landlord produced invoices for a replacement TV ($349.00) and brackets with installation ($214.48). The amounts ordered are proved. I have not depreciated these amounts because the TV and bracketing were brand new when the tenant moved in and the landlord has taken advantage of a bulk discount when purchasing replacements.

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 wall mounted heater was damaged during the tenancy. The photos show that it has likely been hit as it has a very large dent. The landlord has replaced the heater, at a cost of $387.34 (invoice provided).
A roller blind was also damaged during the tenancy. The landlord produced a photos showing that the weight bar along the bottom of the blind had come away and needed to be replaced. The landlord produced an invoice in the amount of $57.50 for replacement of the blind.
I have not depreciated either amount as this was a brand new tenancy and the heater and blind were new at the outset. This was a fairly short tenancy of 18 months.
Because Lodge City Rentals Limited As Agent For Bentley Studios Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4669615 — Property damage at Unit/Flat 10A, 34 Index Place, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 4669615 — Property damage at Unit/Flat 10A, 34 Index Place, Manurewa, Auckland 2105

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