What was the outcome of Tenancy Tribunal case 4747410?

The tribunal order states: Damien Dickson must pay Rural Tenancy Limited As Agent For JJB Farms Ltd

How much money was awarded in case 4747410?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $149.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $315.00 awarded to landlord; Rent Arrears: $720.00 awarded to landlord; Hole: $225.55 awarded to landlord; Hole: $362.80 awarded to landlord; Rubbish Removal: $2,691.00 awarded to landlord

What type of tenancy dispute was case 4747410?

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

Where can I read the official tribunal order for case 4747410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9976621-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4747410?

The tribunal order states: Damien Dickson must pay Rural Tenancy Limited As Agent For JJB Farms Ltd

How much money was awarded in case 4747410?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $149.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $315.00 awarded to landlord; Rent Arrears: $720.00 awarded to landlord; Hole: $225.55 awarded to landlord; Hole: $362.80 awarded to landlord; Rubbish Removal: $2,691.00 awarded to landlord

What type of tenancy dispute was case 4747410?

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

Where can I read the official tribunal order for case 4747410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9976621-Tenancy_Tribunal_Order.pdf.

Cottage, 1176 Weedons Ross Road, RD 1, West Melton Tenancy Tribunal Case 4747410 — Property damage

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Cottage, 1176 Weedons Ross Road, RD 1, West Melton Tenancy Tribunal Case 4747410 — Property damage | 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 4747410 — net $5,144.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (6 to 17 April 2023	$720.00	Rent arrears (6 to 17 April 2023
Cleaning	$460.00	Cleaning
Carpet Cleaning	$149.50	Carpet Cleaning
Rubbish removal	$2,691.00	Rubbish removal
Lock/key replacement	$315.00	Lock/key replacement
Bailiff Fee	$200.00	Bailiff Fee
Repairs: Hole	$225.55	Repairs: Hole
Repairs: Hole	$362.80	Repairs: Hole
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,144.29
Total payable by Tenant to Landlord	$5,144.29

Claims and awards for application 4747410 — net $5,144.29 NZD. Verify on MoJ.

Rent arrears (6 to 17 April 2023

Amount: $720.00
Awarded to: Landlord
Reason: Rent arrears (6 to 17 April 2023

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $2,691.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $315.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

A Broken Window — The photograph provided does not appear to show a broken window. The tenant disputes that the window was broken when he left the property.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Damien Dickson must pay Rural Tenancy Limited As Agent For JJB Farms Ltd $5,144.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (6 to 17 April 2023)$720.00 Cleaning$460.00 Carpet Cleaning$149.50 Rubbish removal$2,691.00 Lock/key replacement$315.00 Bailiff Fee$200.00 Repairs: Hole$225.55 Repairs: Hole$362.80 Filing fee reimbursement$20.44 Total award$5,144.29 Total payable by Tenant to Landlord$5,144.29
The landlord’s claim for a replacement window is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord withdrew a claim for window cleaning at the hearing.
The tenant accepted all claims except carpet cleaning and a replacement window. I have made Orders for the items agreed by the tenant.
The only claims I had to consider were the landlord’s claims for carpet cleaning and a window.

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) Residential Tenancies Act 1986.
The photographs from the end of the tenancy show that the carpet was not reasonably clean. It was reasonable for the landlord to have the carpet cleaned. The amount ordered is proved.

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.
The claim for a broken window is dismissed. The photograph provided does not appear to show a broken window. The tenant disputes that the window was broken when he left the property. The landlord has not established this claim to the required civil standard, on the balance of probabilities.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

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 4747410 — net $5,144.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (6 to 17 April 2023	$720.00	Rent arrears (6 to 17 April 2023
Cleaning	$460.00	Cleaning
Carpet Cleaning	$149.50	Carpet Cleaning
Rubbish removal	$2,691.00	Rubbish removal
Lock/key replacement	$315.00	Lock/key replacement
Bailiff Fee	$200.00	Bailiff Fee
Repairs: Hole	$225.55	Repairs: Hole
Repairs: Hole	$362.80	Repairs: Hole
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,144.29
Total payable by Tenant to Landlord	$5,144.29

Claims and awards for application 4747410 — net $5,144.29 NZD. Verify on MoJ.

Rent arrears (6 to 17 April 2023

Amount: $720.00
Awarded to: Landlord
Reason: Rent arrears (6 to 17 April 2023

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $2,691.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $315.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

A Broken Window — The photograph provided does not appear to show a broken window. The tenant disputes that the window was broken when he left the property.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Damien Dickson must pay Rural Tenancy Limited As Agent For JJB Farms Ltd $5,144.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (6 to 17 April 2023)$720.00 Cleaning$460.00 Carpet Cleaning$149.50 Rubbish removal$2,691.00 Lock/key replacement$315.00 Bailiff Fee$200.00 Repairs: Hole$225.55 Repairs: Hole$362.80 Filing fee reimbursement$20.44 Total award$5,144.29 Total payable by Tenant to Landlord$5,144.29
The landlord’s claim for a replacement window is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord withdrew a claim for window cleaning at the hearing.
The tenant accepted all claims except carpet cleaning and a replacement window. I have made Orders for the items agreed by the tenant.
The only claims I had to consider were the landlord’s claims for carpet cleaning and a window.

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) Residential Tenancies Act 1986.
The photographs from the end of the tenancy show that the carpet was not reasonably clean. It was reasonable for the landlord to have the carpet cleaned. The amount ordered is proved.

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.
The claim for a broken window is dismissed. The photograph provided does not appear to show a broken window. The tenant disputes that the window was broken when he left the property. The landlord has not established this claim to the required civil standard, on the balance of probabilities.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4747410 — Property damage at Cottage, 1176 Weedons Ross Road, RD 1, West Melton

At a glance

Tenancy Tribunal case 4747410 — Property damage at Cottage, 1176 Weedons Ross Road, RD 1, West Melton

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Property management

Frequently asked questions