How much money was awarded in case 4680429?

Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $620.00 awarded to landlord; Rent Arrears: $1,682.86 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $818.00 awarded to landlord

What type of tenancy dispute was case 4680429?

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

Where can I read the official tribunal order for case 4680429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9585398-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4680429?

Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $620.00 awarded to landlord; Rent Arrears: $1,682.86 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rubbish Removal: $818.00 awarded to landlord

What type of tenancy dispute was case 4680429?

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

Where can I read the official tribunal order for case 4680429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9585398-Tenancy_Tribunal_Order.pdf.

624 Robinsons Road, Rolleston, Christchurch 7676 Tenancy Tribunal Case 4680429 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4680429?

The tribunal order states: Laura Roberts must pay Gaylene Uerata, Taneika Uerata, and F L Trustees 2018

Order

Claims and awards in Tenancy Tribunal application 4680429 — net $2,241.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,682.86	Rent arrears
Cleaning	$550.00	Cleaning
Rubbish removal	$818.00	Rubbish removal
Repairs: Pump - insurance excess	$550.00	Repairs: Pump - insurance excess
Loss of rent	$620.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,241.30
Total payable by Tenant to Landlord	$2,241.30

Laura Roberts must pay Gaylene Uerata, Taneika Uerata, and F L Trustees 2018 Limited as trustees for The G D Uerata Family Trust $2,241.30 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (6412375-001) to Gaylene Uerata, Taneika Uerata, and F L Trustees 2018 Limited as trustees for The G D Uerata Family Trust immediately.

The landlords’ other claims are dismissed.

Reasons

Ms Gaylene Uerata and Ms Taneika Uerata attended the hearing for the landlords. The tenant did not attend.

The landlords have 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 Tribunal made an order (under application number 4621530) terminating the tenancy on 28 July 2023 for non-payment of rent but the tenant did not vacate the premises until 16 August 2023. The Tribunal also ordered the tenant to pay rent arrears up until 28 July 2023.

The amount owing by the tenant for rent from 29 July 2023 until she vacated on 16 August has been established.

Did the tenant comply with her obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and did not remove all rubbish as required section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).

The amount ordered has been established by the production of invoices and the evidence of the landlords at the hearing.

Is the tenant responsible for the damage to the premises?

The water pump at the premises was damaged during the tenancy by baby wipes being flushed down the system. The damage is beyond fair wear and tear and the tenant has not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.

The cost to replace the pump has been established by the production of an invoice. The cost to replace it was $2,554.15 but the landlords have limited their claim to the insurance excess payable for the damage.

The claim for methamphetamine testing is dismissed because the samples tested are under the recommended ‘safe’ level of 15 μg/100cm² as determined by Professor Sir Peter Gluckman in his report, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards” and generally applied by the Tribunal applications involving methamphetamine use. The tenant is therefore not in breach of any obligation in the Act or the tenancy agreement for which the landlord is entitled to be compensated.

Should the tenant pay loss of rent?

There is an expectation that there will be some 'down time' between tenancies to complete necessary work/maintenance on the premises and to bring it to a standard a landlord might like for a new tenant and this is generally considered to be an ordinary business expense.

However, given the amount of rubbish that had to be removed and the extent of cleaning required (the landlords did not claim the full cost of cleaning which totalled $1,200.00 and only claimed the cost of two skip bins for the rubbish removal claim), I consider that there was a longer period of down time than would be considered normal. I therefore award the landlords the equivalent of one weeks rent to compensate them for the additional downtime. Tribunal application fee

The landlords have been partially successful in their claims, and I consider this an appropriate case to award them payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4680429 — net $2,241.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,682.86	Rent arrears
Cleaning	$550.00	Cleaning
Rubbish removal	$818.00	Rubbish removal
Repairs: Pump - insurance excess	$550.00	Repairs: Pump - insurance excess
Loss of rent	$620.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,241.30
Total payable by Tenant to Landlord	$2,241.30

Order

Laura Roberts must pay Gaylene Uerata, Taneika Uerata, and F L Trustees 2018 Limited as trustees for The G D Uerata Family Trust $2,241.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6412375-001) to Gaylene Uerata, Taneika Uerata, and F L Trustees 2018 Limited as trustees for The G D Uerata Family Trust immediately.
The landlords’ other claims are dismissed.

Reasons

Ms Gaylene Uerata and Ms Taneika Uerata attended the hearing for the landlords. The tenant did not attend.
The landlords have 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 Tribunal made an order (under application number 4621530) terminating the tenancy on 28 July 2023 for non-payment of rent but the tenant did not vacate the premises until 16 August 2023. The Tribunal also ordered the tenant to pay rent arrears up until 28 July 2023.
The amount owing by the tenant for rent from 29 July 2023 until she vacated on 16 August has been established.

Did the tenant comply with her obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and did not remove all rubbish as required section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amount ordered has been established by the production of invoices and the evidence of the landlords at the hearing.

Is the tenant responsible for the damage to the premises?

The water pump at the premises was damaged during the tenancy by baby wipes being flushed down the system. The damage is beyond fair wear and tear and the tenant has not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.
The cost to replace the pump has been established by the production of an invoice. The cost to replace it was $2,554.15 but the landlords have limited their claim to the insurance excess payable for the damage.
The claim for methamphetamine testing is dismissed because the samples tested are under the recommended ‘safe’ level of 15 μg/100cm² as determined by Professor Sir Peter Gluckman in his report, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards” and generally applied by the Tribunal applications involving methamphetamine use. The tenant is therefore not in breach of any obligation in the Act or the tenancy agreement for which the landlord is entitled to be compensated.

Should the tenant pay loss of rent?

There is an expectation that there will be some 'down time' between tenancies to complete necessary work/maintenance on the premises and to bring it to a standard a landlord might like for a new tenant and this is generally considered to be an ordinary business expense.
However, given the amount of rubbish that had to be removed and the extent of cleaning required (the landlords did not claim the full cost of cleaning which totalled $1,200.00 and only claimed the cost of two skip bins for the rubbish removal claim), I consider that there was a longer period of down time than would be considered normal. I therefore award the landlords the equivalent of one weeks rent to compensate them for the additional downtime. Tribunal application fee
The landlords have been partially successful in their claims, and I consider this an appropriate case to award them payment of the Tribunal application fee.

Tenancy Tribunal case 4680429 — Rent arrears at 624 Robinsons Road, Rolleston, Christchurch 7676

At a glance

Tenancy Tribunal case 4680429 — Rent arrears at 624 Robinsons Road, Rolleston, Christchurch 7676

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should the tenant pay loss of rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with her obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Should the tenant pay loss of rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions