What was the outcome of Tenancy Tribunal case 4701114?

The tribunal order states: Brooke Anastasia Lambdin must pay Advantage Realty Limited As Agent For

How much money was awarded in case 4701114?

Cleaning: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power As At 4 August 2023: $647.23 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Replace Glass Pane In China Cabinet: $130.00 awarded to landlord; Water Rates: $82.70 awarded to landlord

What type of tenancy dispute was case 4701114?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4701114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10015299-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4701114?

The tribunal order states: Brooke Anastasia Lambdin must pay Advantage Realty Limited As Agent For

How much money was awarded in case 4701114?

Cleaning: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power As At 4 August 2023: $647.23 awarded to landlord; Rent Arrears: $257.14 awarded to landlord; Replace Glass Pane In China Cabinet: $130.00 awarded to landlord; Water Rates: $82.70 awarded to landlord

What type of tenancy dispute was case 4701114?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4701114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10015299-Tenancy_Tribunal_Order.pdf.

10 Verona Way, Judea, Tauranga 3110 Tenancy Tribunal Case 4701114 — Rent arrears

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10 Verona Way, Judea, Tauranga 3110 Tenancy Tribunal Case 4701114 — 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 4701114 — net $1,262.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 4 August 2023	$257.14	Rent arrears as at 4 August 2023
Power as at 4 August 2023	$647.23	Power as at 4 August 2023
Water rates as at 4 August 2023	$82.70	Water rates as at 4 August 2023
Replace glass pane in china cabinet	$130.00	Replace glass pane in china cabinet
Carpet Cleaning	$125.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,262.51
Total payable by Tenant to Landlord	$1,262.51

Claims and awards for application 4701114 — net $1,262.51 NZD. Verify on MoJ.

Rent arrears as at 4 August 2023

Amount: $257.14
Awarded to: Landlord
Reason: Rent arrears as at 4 August 2023

Power as at 4 August 2023

Amount: $647.23
Awarded to: Landlord
Reason: Power as at 4 August 2023

Water rates as at 4 August 2023

Amount: $82.70
Awarded to: Landlord
Reason: Water rates as at 4 August 2023

Replace glass pane in china cabinet

Amount: $130.00
Awarded to: Landlord
Reason: Replace glass pane in china cabinet

Carpet Cleaning

Amount: $125.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Water Rates

Order

Brooke Anastasia Lambdin must pay Advantage Realty Limited As Agent For Katharine Williams $1,262.51 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which was held by videoconference. Ms Lambdin attended by telephone.
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, power and water?

This was a fixed term tenancy due to expire on 30 October 2023. Ms Lambdin needed to break the fixed term early. However, because it was a fixed term tenancy, she is required to pay rent until the expiry of the fixed term or until a new tenant is found, whichever is the earlier.
I accept the evidence indicating that a new tenancy began at the premises on 5 august 2023 and so Ms Lambdin is required to pay rent to 4 August 2023. The rent record shows that the amount owing to this date is $257.14.
Power invoices prove that as at the end of the tenancy an amount of $647.23 was owed in terms of power.
Water rates invoices show that as at the end of the tenancy an amount of $82.70 was outstanding.

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.
The photographs show that at the beginning of the tenancy the carpet was clean but at the end there were a number of dark spots and stains.
Ms Lambdin says a rug doctor was used to clean the carpet but in the absence of any receipt for the rug doctor I accept that the carpet was not left reasonably clean.
I accept the carpet cleaning invoice ($125.00) as proof of the amount that Ms Lambdin ought to pay to get the carpet reasonably clean.

Is the tenant responsible for the damage to the china cabinet?

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.
Ms Lambdin accepted that a pane in the china cabinet was broken during the tenancy. Filing fee reimbursement
Further to the above, I am ordering Ms Lambdin to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 28 February 2024

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 4701114 — net $1,262.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 4 August 2023	$257.14	Rent arrears as at 4 August 2023
Power as at 4 August 2023	$647.23	Power as at 4 August 2023
Water rates as at 4 August 2023	$82.70	Water rates as at 4 August 2023
Replace glass pane in china cabinet	$130.00	Replace glass pane in china cabinet
Carpet Cleaning	$125.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,262.51
Total payable by Tenant to Landlord	$1,262.51

Claims and awards for application 4701114 — net $1,262.51 NZD. Verify on MoJ.

Rent arrears as at 4 August 2023

Amount: $257.14
Awarded to: Landlord
Reason: Rent arrears as at 4 August 2023

Power as at 4 August 2023

Amount: $647.23
Awarded to: Landlord
Reason: Power as at 4 August 2023

Water rates as at 4 August 2023

Amount: $82.70
Awarded to: Landlord
Reason: Water rates as at 4 August 2023

Replace glass pane in china cabinet

Amount: $130.00
Awarded to: Landlord
Reason: Replace glass pane in china cabinet

Carpet Cleaning

Amount: $125.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Water Rates

Order

Brooke Anastasia Lambdin must pay Advantage Realty Limited As Agent For Katharine Williams $1,262.51 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which was held by videoconference. Ms Lambdin attended by telephone.
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, power and water?

This was a fixed term tenancy due to expire on 30 October 2023. Ms Lambdin needed to break the fixed term early. However, because it was a fixed term tenancy, she is required to pay rent until the expiry of the fixed term or until a new tenant is found, whichever is the earlier.
I accept the evidence indicating that a new tenancy began at the premises on 5 august 2023 and so Ms Lambdin is required to pay rent to 4 August 2023. The rent record shows that the amount owing to this date is $257.14.
Power invoices prove that as at the end of the tenancy an amount of $647.23 was owed in terms of power.
Water rates invoices show that as at the end of the tenancy an amount of $82.70 was outstanding.

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.
The photographs show that at the beginning of the tenancy the carpet was clean but at the end there were a number of dark spots and stains.
Ms Lambdin says a rug doctor was used to clean the carpet but in the absence of any receipt for the rug doctor I accept that the carpet was not left reasonably clean.
I accept the carpet cleaning invoice ($125.00) as proof of the amount that Ms Lambdin ought to pay to get the carpet reasonably clean.

Is the tenant responsible for the damage to the china cabinet?

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.
Ms Lambdin accepted that a pane in the china cabinet was broken during the tenancy. Filing fee reimbursement
Further to the above, I am ordering Ms Lambdin to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 28 February 2024

Tenancy Tribunal case 4701114 — Rent arrears at 10 Verona Way, Judea, Tauranga 3110

At a glance

Tenancy Tribunal case 4701114 — Rent arrears at 10 Verona Way, Judea, Tauranga 3110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power and water?

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

Is the tenant responsible for the damage to the china cabinet?

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, power and water?

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

Is the tenant responsible for the damage to the china cabinet?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions