What was Tenancy Tribunal case 4701329 about?

The tribunal order states: Julie Ecclestone must pay [The landlord/s] $1,792.07 immediately, calculated as

How much money was awarded in case 4701329?

Rubbish Removal: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $30.08 awarded to landlord; Property Damage: $200.04 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $1,755.00 awarded to landlord; Kitchen Cupboard: $536.76 awarded to landlord; Rubbish Removal: $360.00 awarded to landlord

What type of tenancy dispute was case 4701329?

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

Where can I read the official tribunal order for case 4701329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9722639-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4701329 about?

The tribunal order states: Julie Ecclestone must pay [The landlord/s] $1,792.07 immediately, calculated as

How much money was awarded in case 4701329?

Rubbish Removal: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $30.08 awarded to landlord; Property Damage: $200.04 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $1,755.00 awarded to landlord; Kitchen Cupboard: $536.76 awarded to landlord; Rubbish Removal: $360.00 awarded to landlord

What type of tenancy dispute was case 4701329?

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

Where can I read the official tribunal order for case 4701329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9722639-Tribunal_Order_Redacted.pdf.

21 Darley Street, Maeroa, Hamilton 3200 Tenancy Tribunal Case 4701329 — Rent arrears

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21 Darley Street, Maeroa, Hamilton 3200 Tenancy Tribunal Case 4701329 — 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 4701329 — net $1,792.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,755.00	Rent arrears
Light bulbs	$30.08	Light bulbs
Lock/key replacement	$200.04	Lock/key replacement
Cleaning and rubbish removal: 40 hours x hour	$800.00	Cleaning and rubbish removal: 40 hours x hour
Rubbish removal: skip bin	$360.00	Rubbish removal: skip bin
Window repairs	$189.75	Window repairs
Repairs: kitchen cupboard	$536.76	Repairs: kitchen cupboard
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,792.07
Total payable by Tenant to Landlord	$1,792.07

Claims and awards for application 4701329 — net $1,792.07 NZD. Verify on MoJ.

Rent arrears

Amount: $1,755.00
Awarded to: Landlord
Reason: Rent arrears

Light bulbs

Amount: $30.08
Awarded to: Landlord
Reason: Light bulbs

Lock/key replacement

Amount: $200.04
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and rubbish removal: 40 hours x hour

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal: 40 hours x hour

Rubbish removal: skip bin

Amount: $360.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Julie Ecclestone must pay [The landlord/s] $1,792.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[name suppressed] attended the hearing for the landlords. The tenant did not attend however has been served by email, so I continued in her absence.
The landlord has applied for payment of 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 and other costs?

The tenancy ended on 28 August 2023 after the tenant gave notice. The landlord provided rent records which prove the amount owing to this date as $1,755.00.
The tenant did not return the keys. I award the locksmith’s itemised charge but not the additional claim as it is unclear what this related to.
A tenant has a legal duty to leave 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 (RTA).
The landlord’s photographs prove that the premises were not left reasonably clean and tidy, and that belongings and rubbish were left behind.
I award the cost of a skip bin (receipted). I also award compensation of $800.00 (40 hours at $20.00 per hour) for the landlords’ labour to remove and manage the items left behind and to clean the premises. This is reasonable for the work required. I award $30.08 for lightbulbs.
I do not award the claim for additional cleaning by a contractor as there were no photographs to show why this was required.

Is the tenant responsible for damage to the premises?

The landlords seek compensation for damage to the premises. For a claim to succeed, 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
My decisions are:- a. Torn wallpaper in lounge and bedroom – this is not awarded as there were no photographs to show the damage. b. Broken window – this is awarded on the landlord’s evidence that the tenant agreed to this as it happened during the tenancy. c. Cost to remove wastemaster – the evidence does not show that the electrician and plumber costs were incurred due to misuse of the appliance by the tenant. d. Cost to repair kitchen cupboard – an internal shelf mechanism was damaged during the tenancy and the tenant has not disproved liability, so I find it to be careless damage. The mechanism could not be repaired so it was removed, and a new door and hinges installed. However, the repairer charged $700.00 in labour to do this. The total cost is $1,180.76 which is not proportionate to the damage. I award the cost of materials plus two hours of labour which is $536.76. e. Repainting of windowsills – this is not awarded as there were no photographs to establish any damage more than wear and tear. f. Replacing curtains in one bedroom – this is not awarded as there were no photographs to establish damage. g. Replacing shower hose – this is not awarded as there were no photographs to establish damage. h. Electrical work to replace oven plug – this is not awarded as the evidence did not show that the costs were incurred due to misuse of the appliance by the tenant. In fact, the electrician (who gave evidence by telephone during the hearing), said that he suspected the oven had not been installed by a registered professional as there was no isolation switch and the power point was in an unusual position.
The landlords have substantially succeeded with the claim, so I have reimbursed the filing fee and suppressed their names from the published order.
The bond is refunded to the landlord and the balance is payable by the tenant.

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 4701329 — net $1,792.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,755.00	Rent arrears
Light bulbs	$30.08	Light bulbs
Lock/key replacement	$200.04	Lock/key replacement
Cleaning and rubbish removal: 40 hours x hour	$800.00	Cleaning and rubbish removal: 40 hours x hour
Rubbish removal: skip bin	$360.00	Rubbish removal: skip bin
Window repairs	$189.75	Window repairs
Repairs: kitchen cupboard	$536.76	Repairs: kitchen cupboard
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,792.07
Total payable by Tenant to Landlord	$1,792.07

Claims and awards for application 4701329 — net $1,792.07 NZD. Verify on MoJ.

Rent arrears

Amount: $1,755.00
Awarded to: Landlord
Reason: Rent arrears

Light bulbs

Amount: $30.08
Awarded to: Landlord
Reason: Light bulbs

Lock/key replacement

Amount: $200.04
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and rubbish removal: 40 hours x hour

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal: 40 hours x hour

Rubbish removal: skip bin

Amount: $360.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Julie Ecclestone must pay [The landlord/s] $1,792.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[name suppressed] attended the hearing for the landlords. The tenant did not attend however has been served by email, so I continued in her absence.
The landlord has applied for payment of 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 and other costs?

The tenancy ended on 28 August 2023 after the tenant gave notice. The landlord provided rent records which prove the amount owing to this date as $1,755.00.
The tenant did not return the keys. I award the locksmith’s itemised charge but not the additional claim as it is unclear what this related to.
A tenant has a legal duty to leave 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 (RTA).
The landlord’s photographs prove that the premises were not left reasonably clean and tidy, and that belongings and rubbish were left behind.
I award the cost of a skip bin (receipted). I also award compensation of $800.00 (40 hours at $20.00 per hour) for the landlords’ labour to remove and manage the items left behind and to clean the premises. This is reasonable for the work required. I award $30.08 for lightbulbs.
I do not award the claim for additional cleaning by a contractor as there were no photographs to show why this was required.

Is the tenant responsible for damage to the premises?

The landlords seek compensation for damage to the premises. For a claim to succeed, 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
My decisions are:- a. Torn wallpaper in lounge and bedroom – this is not awarded as there were no photographs to show the damage. b. Broken window – this is awarded on the landlord’s evidence that the tenant agreed to this as it happened during the tenancy. c. Cost to remove wastemaster – the evidence does not show that the electrician and plumber costs were incurred due to misuse of the appliance by the tenant. d. Cost to repair kitchen cupboard – an internal shelf mechanism was damaged during the tenancy and the tenant has not disproved liability, so I find it to be careless damage. The mechanism could not be repaired so it was removed, and a new door and hinges installed. However, the repairer charged $700.00 in labour to do this. The total cost is $1,180.76 which is not proportionate to the damage. I award the cost of materials plus two hours of labour which is $536.76. e. Repainting of windowsills – this is not awarded as there were no photographs to establish any damage more than wear and tear. f. Replacing curtains in one bedroom – this is not awarded as there were no photographs to establish damage. g. Replacing shower hose – this is not awarded as there were no photographs to establish damage. h. Electrical work to replace oven plug – this is not awarded as the evidence did not show that the costs were incurred due to misuse of the appliance by the tenant. In fact, the electrician (who gave evidence by telephone during the hearing), said that he suspected the oven had not been installed by a registered professional as there was no isolation switch and the power point was in an unusual position.
The landlords have substantially succeeded with the claim, so I have reimbursed the filing fee and suppressed their names from the published order.
The bond is refunded to the landlord and the balance is payable by the tenant.

Tenancy Tribunal case 4701329 — Rent arrears at 21 Darley Street, Maeroa, Hamilton 3200

At a glance

Tenancy Tribunal case 4701329 — Rent arrears at 21 Darley Street, Maeroa, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and other costs?

Is the tenant responsible for 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 and other costs?

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions