How much money was awarded in case 4732489?

Cleaning: $275.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Owing To 24/08/2024: $2,940.00 awarded to landlord; Outside: $50.00 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Water Rates: $220.00 awarded to landlord

What type of tenancy dispute was case 4732489?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4732489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10215302-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4732489?

Cleaning: $275.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Owing To 24/08/2024: $2,940.00 awarded to landlord; Outside: $50.00 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Water Rates: $220.00 awarded to landlord

What type of tenancy dispute was case 4732489?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4732489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10215302-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4732489 — Cleanliness

Q: What was Tenancy Tribunal case 4732489 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4732489 — net $4,335.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 24/08/2024	$2,940.00	Rent owing to 24/08/2024
Water rates	$220.00	Water rates
Rubbish removal	$470.00	Rubbish removal
Lawns and Garden work	$300.00	Lawns and Garden work
Cleaning	$275.00	Cleaning
Lock/key replacement	$60.00	Lock/key replacement
Repairs: outside	$50.00	Repairs: outside
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,335.44
Total payable by Tenant to Landlord	$4,335.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

June Tuivaiti must pay [The landlord/s] $4,335.44, calculated as shown in the table below.

The tenant must pay the debt in order 2 at the rate of $50.00 per week.

The first payment must be made on Tuesday 23 April 2024 and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court or a debt collection agency.

Reasons

Both the landlord and the tenant attended the telephone hearing today.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 24 August 2024 pursuant to a previous order of the Tribunal.

The tenant said that she had emailed and texted the landlord on the 10 May 2023 to advise that her family had been offered a bigger house and were moving out the following week. Unfortunately, she realised today that she sent this to an incorrect email address. The landlord and tenant did not keep in close contact during this tenancy and phone numbers changed. This led to a communication breakdown for the last months.

The rent ledger shows that the tenant continued to pay rent up to 2 July 2023 which covered the notice period (28 days). The problem was that the landlord had not received the notice terminating the tenancy so did not realise the tenant had gone until later that month when the rent was not paid.

The legal position is that the tenant is responsible for making sure that she sends any notice to terminate a tenancy or to change her phone number to the landlord’s correct email and phone number as listed on the tenancy agreement.

The tenant accepts that this means she is liable for rent until the date the tenancy was terminated by the previous Tribunal order.

The landlord provided rent records and water rates invoices which prove the amounts owing. End of tenancy costs

A tenant must leave premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant said that she left unwanted belongings tidily in the house in rubbish bags, left other boxes and more rubbish in a pile in the garage, and agrees that there was more rubbish filling the council recycling and rubbish bins.

The landlord’s photos show the belongings strewn around the house.

The tenant suspects that unknown people may have entered the house and made the mess. She said that the ranchslider did not lock after the landlord’s husband had come to fix this (about a month before she moved out) but did not finish the job. She tried to secure the door but noticed items had been moved, and a ladder stolen, when she returned as part of moving out.

There is no way of knowing exactly what happened. I have decided that it is fair that the tenant pay for the skip bin to dispose of the rubbish left behind. The landlord has not claimed for labour costs to do the tidy up so that has kept the costs lower.

The tenant agrees that the lawns and gardens needed attention and I award this claim.

I have decided that it fairest if the landlord and tenant pay half of the cleaning invoice each. The tenant ran out of time to clean but some of the work relates to preparing the house for sale so should be paid by the landlord.

I award $60.00 for replacement locks (based on the [hardware store] invoices). The tenant said she kept the keys as she did not feel it was safe to leave them in the house when she could not contact the landlord and the ranchslider was possibly not secure.

I award $50.00 towards the cost of materials to fix a hole in the outside cladding that the tenant said was an accident when one of the kids tripped with a scooter.

I do not award compensation for painting the wooden floors or replacing the toilet. There was no evidence to show the condition of the floors at the start of the tenancy so I cannot decide whether any damage was more than normal wear and tear. The tenant said that she replaced the toilet seat during the tenancy and noticed when she returned to the house while moving out that someone had stolen this. It appears that this had been forced off which may have damaged the toilet. There is no receipt for any replacement cost. I am not satisfied that the tenant or her family caused the damage.

The landlord’s claim has been mostly successful, so I award the filing fee and suppress the landlord’s name.

The bond has already been refunded to the tenant as the Bond Centre could not contact the landlord either.

The parties have agreed on a repayment plan for the amount owing which will avoid more collection costs.

Order

Claims and awards in Tenancy Tribunal application 4732489 — net $4,335.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 24/08/2024	$2,940.00	Rent owing to 24/08/2024
Water rates	$220.00	Water rates
Rubbish removal	$470.00	Rubbish removal
Lawns and Garden work	$300.00	Lawns and Garden work
Cleaning	$275.00	Cleaning
Lock/key replacement	$60.00	Lock/key replacement
Repairs: outside	$50.00	Repairs: outside
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,335.44
Total payable by Tenant to Landlord	$4,335.44