What was the outcome of Tenancy Tribunal case 4706909?

The tribunal order states: Kelli Mayo Danowski must pay HiAtlas Wellington As Agent For Helen Manning

How much money was awarded in case 4706909?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Charges: $259.96 awarded to landlord; Loss Of Rent From 11.10.23 To 7.12.2…: $14,914.29 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; TradeMe Listing: $109.00 awarded to landlord

What type of tenancy dispute was case 4706909?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4706909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733666-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4706909?

The tribunal order states: Kelli Mayo Danowski must pay HiAtlas Wellington As Agent For Helen Manning

How much money was awarded in case 4706909?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Charges: $259.96 awarded to landlord; Loss Of Rent From 11.10.23 To 7.12.2…: $14,914.29 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; TradeMe Listing: $109.00 awarded to landlord

What type of tenancy dispute was case 4706909?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4706909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733666-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 30 The Crescent, Roseneath, Wellington 6011, Tenancy Tribunal Case 4706909 — Cleanliness

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Unit/Flat 2, 30 The Crescent, Roseneath, Wellington 6011, Tenancy Tribunal Case 4706909 — Cleanliness | 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 4706909 — net $9,103.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent from 11.10.23 to 7.12.23	$14,914.29	Loss of rent from 11.10.23 to 7.12.23
Internet charges	$259.96	Internet charges
TradeMe listing	$109.00	TradeMe listing
Cleaning	$800.00	Cleaning
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,103.69
Total payable by Tenant to Landlord	$9,103.69

Claims and awards for application 4706909 — net $9,103.69 NZD. Verify on MoJ.

Loss of rent from 11.10.23 to 7.12.23

Amount: $14,914.29
Awarded to: Landlord
Reason: Loss of rent from 11.10.23 to 7.12.23

Internet charges

Amount: $259.96
Awarded to: Landlord
Reason: Internet charges

TradeMe listing

Amount: $109.00
Awarded to: Landlord
Reason: TradeMe listing

Cleaning

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Kelli Mayo Danowski must pay HiAtlas Wellington As Agent For Helen Manning $9,103.69 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $7,200.00 (6484110-001) to HiAtlas Wellington As Agent For Helen Manning immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for loss of rent, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Is the landlord entitled to loss of rent, advertising and internet costs?

This was a fixed term tenancy starting on 15 March 2023 and to end on 14 March 2024. The Tenant abandoned the tenancy on or about 3 October 2023 and subsequently confirmed by email on 4 October 2023 that she had left and was terminating the tenancy. She also arranged for the keys to be returned to the landlord. The landlord did not consent to early termination of the fixed term. Rent was paid up to 10 October 2023. However, where a tenant abandons a fixed term tenancy without the landlord’s consent, they continue to be liable for rent until the end of the term or the date a new tenant is found, whichever event first occurs. Furthermore, the landlord is under no obligation to mitigate their loss (by finding another tenant) although it is usually prudent for them to do so. See sections 49 and 61(4) Residential Tenancies Act 1986 (RTA).
I am satisfied on the evidence that the landlord has not found a replacement tenant for the premises and is entitled to the loss of rent they have suffered up to the date of the hearing. The landlord may also file a separate claim in future for further losses incurred should they be unable to find a replacement tenant.
As a result of the tenant abandoning the fixed term tenancy, the landlord has re- advertised the premises for let on TradeMe. The landlord would not have incurred this extra cost but for the tenant’s breach of the tenancy agreement and it is reasonable that she reimburse the landlord for this amount.
The landlord also presented invoices for internet charges owed by the tenant for the months of August and September which she is liable to pay.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in photos taken by the landlord and produced in evidence. The landlord arranged for cleaning and removal of rubbish and belongings.
The amounts ordered are proved.

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 4706909 — net $9,103.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent from 11.10.23 to 7.12.23	$14,914.29	Loss of rent from 11.10.23 to 7.12.23
Internet charges	$259.96	Internet charges
TradeMe listing	$109.00	TradeMe listing
Cleaning	$800.00	Cleaning
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,103.69
Total payable by Tenant to Landlord	$9,103.69

Claims and awards for application 4706909 — net $9,103.69 NZD. Verify on MoJ.

Loss of rent from 11.10.23 to 7.12.23

Amount: $14,914.29
Awarded to: Landlord
Reason: Loss of rent from 11.10.23 to 7.12.23

Internet charges

Amount: $259.96
Awarded to: Landlord
Reason: Internet charges

TradeMe listing

Amount: $109.00
Awarded to: Landlord
Reason: TradeMe listing

Cleaning

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Kelli Mayo Danowski must pay HiAtlas Wellington As Agent For Helen Manning $9,103.69 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $7,200.00 (6484110-001) to HiAtlas Wellington As Agent For Helen Manning immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for loss of rent, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Is the landlord entitled to loss of rent, advertising and internet costs?

This was a fixed term tenancy starting on 15 March 2023 and to end on 14 March 2024. The Tenant abandoned the tenancy on or about 3 October 2023 and subsequently confirmed by email on 4 October 2023 that she had left and was terminating the tenancy. She also arranged for the keys to be returned to the landlord. The landlord did not consent to early termination of the fixed term. Rent was paid up to 10 October 2023. However, where a tenant abandons a fixed term tenancy without the landlord’s consent, they continue to be liable for rent until the end of the term or the date a new tenant is found, whichever event first occurs. Furthermore, the landlord is under no obligation to mitigate their loss (by finding another tenant) although it is usually prudent for them to do so. See sections 49 and 61(4) Residential Tenancies Act 1986 (RTA).
I am satisfied on the evidence that the landlord has not found a replacement tenant for the premises and is entitled to the loss of rent they have suffered up to the date of the hearing. The landlord may also file a separate claim in future for further losses incurred should they be unable to find a replacement tenant.
As a result of the tenant abandoning the fixed term tenancy, the landlord has re- advertised the premises for let on TradeMe. The landlord would not have incurred this extra cost but for the tenant’s breach of the tenancy agreement and it is reasonable that she reimburse the landlord for this amount.
The landlord also presented invoices for internet charges owed by the tenant for the months of August and September which she is liable to pay.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in photos taken by the landlord and produced in evidence. The landlord arranged for cleaning and removal of rubbish and belongings.
The amounts ordered are proved.

Tenancy Tribunal case 4706909 — Cleanliness at Unit/Flat 2, 30 The Crescent, Roseneath, Wellington 6011,

At a glance

Tenancy Tribunal case 4706909 — Cleanliness at Unit/Flat 2, 30 The Crescent, Roseneath, Wellington 6011,

At a glance

Award balance

Claims & awards

Order

Reasons

Is the landlord entitled to loss of rent, advertising and internet costs?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the landlord entitled to loss of rent, advertising and internet costs?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions