What was Tenancy Tribunal case 4707169 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,871.78 immediately, calculated as

How much money was awarded in case 4707169?

Cleaning: $563.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent From 7 October: $2,605.70 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $2,497.14 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4707169?

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

Where can I read the official tribunal order for case 4707169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9868105-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4707169 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,871.78 immediately, calculated as

How much money was awarded in case 4707169?

Cleaning: $563.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent From 7 October: $2,605.70 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rent Arrears: $2,497.14 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 4707169?

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

Where can I read the official tribunal order for case 4707169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9868105-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4707169 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4707169 — net $4,871.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2023	$2,497.14	Rent arrears to 6 October 2023
Loss of rent from 7 October to 28 October 2023	$2,605.70	Loss of rent from 7 October to 28 October 2023
Cleaning	$563.50	Cleaning
Repairs to walls	$1,725.00	Repairs to walls
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,871.78
Total payable by Tenant to Landlord	$4,871.78

The landlord attended the hearing today.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy was for a fixed term from 29 June 2023 to 28 June 2024. On 22 September 2023 the tenant notified the landlord that she needed to move out because her ex-partner had found out where she lived. She referred to protection orders and domestic violence and said she was moving out on 30 September 2023.

There was further correspondence, and an exit inspection was scheduled for 3 October 2023. The emails give the impression it was then agreed to reschedule the exit inspection to 6 October 2023. The tenant did not attend the inspection or provide a notice of withdrawal from the tenancy in the prescribed form. When the landlord returned to the property on 6 October 2023, the tenant had left and had not returned the keys.

The landlord had to tidy the property and then advertised for new tenants. A new tenancy started on 29 October 2023, about 3 weeks after the start of advertising.

I award rent arrears to 6 October 2023, when the tenant moved out. It could be argued that the landlord had agreed to the tenancy ending at that point, based on the correspondence. On the other hand, the correspondence could be interpreted as meaning only that the landlord agreed to release the tenant once documents supporting the withdrawal for family violence were provided. The keys were not returned, which they would be as part of the voluntary surrender of the lease with the landlord’s consent. In the absence of evidence from the tenant, I find that the tenant left the property in breach of the fixed term tenancy agreement. The tenant is therefore liable to compensate the landlord for loss of rent until the property was re-let. Cleaning and rubbish removal

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The property was brand new at the start of the tenancy. The exit inspection photographs show a lot of rubbish removal and cleaning was needed.

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.

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 4 weeks' rent. The insurance excess was $500.00.

There was damage to most of the walls of the property during the tenancy. The damage is mainly from small holes, chips and scrapes and includes writing on the doors and walls. It is, however, widespread. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression

The landlord has succeeded and must be awarded the filing fee.

The landlord is granted name suppression as requested.

The tenant is also granted name suppression pursuant to section 95A(1A) of the Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4707169 — net $4,871.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 October 2023	$2,497.14	Rent arrears to 6 October 2023
Loss of rent from 7 October to 28 October 2023	$2,605.70	Loss of rent from 7 October to 28 October 2023
Cleaning	$563.50	Cleaning
Repairs to walls	$1,725.00	Repairs to walls
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,871.78
Total payable by Tenant to Landlord	$4,871.78

Order

[The tenant/s] must pay [The landlord/s] $4,871.78 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy was for a fixed term from 29 June 2023 to 28 June 2024. On 22 September 2023 the tenant notified the landlord that she needed to move out because her ex-partner had found out where she lived. She referred to protection orders and domestic violence and said she was moving out on 30 September 2023.
There was further correspondence, and an exit inspection was scheduled for 3 October 2023. The emails give the impression it was then agreed to reschedule the exit inspection to 6 October 2023. The tenant did not attend the inspection or provide a notice of withdrawal from the tenancy in the prescribed form. When the landlord returned to the property on 6 October 2023, the tenant had left and had not returned the keys.
The landlord had to tidy the property and then advertised for new tenants. A new tenancy started on 29 October 2023, about 3 weeks after the start of advertising.
I award rent arrears to 6 October 2023, when the tenant moved out. It could be argued that the landlord had agreed to the tenancy ending at that point, based on the correspondence. On the other hand, the correspondence could be interpreted as meaning only that the landlord agreed to release the tenant once documents supporting the withdrawal for family violence were provided. The keys were not returned, which they would be as part of the voluntary surrender of the lease with the landlord’s consent. In the absence of evidence from the tenant, I find that the tenant left the property in breach of the fixed term tenancy agreement. The tenant is therefore liable to compensate the landlord for loss of rent until the property was re-let. Cleaning and rubbish removal
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The property was brand new at the start of the tenancy. The exit inspection photographs show a lot of rubbish removal and cleaning was needed.

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.
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 4 weeks' rent. The insurance excess was $500.00.
There was damage to most of the walls of the property during the tenancy. The damage is mainly from small holes, chips and scrapes and includes writing on the doors and walls. It is, however, widespread. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
The landlord has succeeded and must be awarded the filing fee.
The landlord is granted name suppression as requested.
The tenant is also granted name suppression pursuant to section 95A(1A) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4707169 — Rent arrears

At a glance

Tenancy Tribunal case 4707169 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions