How much money was awarded in case 4732769?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Wall: $500.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4732769?

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

Where can I read the official tribunal order for case 4732769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253647-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4732769?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $2,600.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Wall: $500.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4732769?

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

Where can I read the official tribunal order for case 4732769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253647-Tribunal_Order_Redacted.pdf.

15 Kelvin Street, Aramoho, Whanganui 4500 Tenancy Tribunal Case 4732769 — Rent arrears

Q: What was Tenancy Tribunal case 4732769 about?

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

Order

Claims and awards in Tenancy Tribunal application 4732769 — net $3,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,600.00	Rent arrears
Rubbish removal	$250.00	Rubbish removal
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: wall	$500.00	Repairs: wall
Repairs: insurance excess	$1,000.00	Repairs: insurance excess
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,520.44
Total payable by Tenant to Landlord	$3,520.44

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

Nicole Clarke owes Anna Maria O'Connor and Sandy Lee $4,720.44 (“the debt”) as calculated in the table below.

Nicole Clarke must pay the debt as follows: a. By 43 weekly payments of $80.00. b. A final payment of $80.44. c. Payments will be every Wednesday, with the first payment on 01/05/2024 and continuing until 05/03/2025.

If the tenant fails to make any payment within 2 working days of the due date, the balance will be payable immediately.

Reasons

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

The landlords attended the hearing. There was no appearance for the tenant, but shortly before the commencement of the hearing, the landlords had received an email from the tenant via a mediator. The tenant accepted the landlord’s claims and agreed to commence payments of $80.00 per week.

The bond had not been lodged because the tenant had been paying that off in instalments. The landlord has $1,200.00 which will be applied to the debt, reducing the total amount owed.

How much is owed for rent?

The tenant left the fixed term tenancy without notice, but the landlord has agreed to accept 28 days’ rent in lieu of notice and has released the tenant from the tenancy which was due to end on 20 January 2024. The tenant agreed to pay that amount, which is $2,600.

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 and remove all rubbish. See section 40(1)(e).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets required cleaning and the lawns needed mowing.

The tenant accepts responsibility for the amounts which are ordered.

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. 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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

During the tenancy there was a fire, and the landlord’s insurance excess is $1,000, which the tenant has agreed to pay. She has also agreed to pay $500 for replastering and painting damage to the wall.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4732769 — net $3,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,600.00	Rent arrears
Rubbish removal	$250.00	Rubbish removal
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: wall	$500.00	Repairs: wall
Repairs: insurance excess	$1,000.00	Repairs: insurance excess
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,520.44
Total payable by Tenant to Landlord	$3,520.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Nicole Clarke owes Anna Maria O'Connor and Sandy Lee $4,720.44 (“the debt”) as calculated in the table below.
Nicole Clarke must pay the debt as follows: a. By 43 weekly payments of $80.00. b. A final payment of $80.44. c. Payments will be every Wednesday, with the first payment on 01/05/2024 and continuing until 05/03/2025.
If the tenant fails to make any payment within 2 working days of the due date, the balance will be payable immediately.

Reasons

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlords attended the hearing. There was no appearance for the tenant, but shortly before the commencement of the hearing, the landlords had received an email from the tenant via a mediator. The tenant accepted the landlord’s claims and agreed to commence payments of $80.00 per week.
The bond had not been lodged because the tenant had been paying that off in instalments. The landlord has $1,200.00 which will be applied to the debt, reducing the total amount owed.

How much is owed for rent?

The tenant left the fixed term tenancy without notice, but the landlord has agreed to accept 28 days’ rent in lieu of notice and has released the tenant from the tenancy which was due to end on 20 January 2024. The tenant agreed to pay that amount, which is $2,600.

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 and remove all rubbish. See section 40(1)(e).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets required cleaning and the lawns needed mowing.
The tenant accepts responsibility for the amounts which are ordered.

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. 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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
During the tenancy there was a fire, and the landlord’s insurance excess is $1,000, which the tenant has agreed to pay. She has also agreed to pay $500 for replastering and painting damage to the wall.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4732769 — Rent arrears at 15 Kelvin Street, Aramoho, Whanganui 4500

At a glance

Tenancy Tribunal case 4732769 — Rent arrears at 15 Kelvin Street, Aramoho, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

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

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions