How much money was awarded in case 4757416?

Cleaning: $650.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $60.00 awarded to landlord; Key: $10.00 awarded to landlord; Kitchen Joinery: $150.00 awarded to landlord; Laundry Tap: $100.00 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent Arrears: $11,640.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Window Glass And Frame: $100.00 awarded to landlord

What type of tenancy dispute was case 4757416?

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

Where can I read the official tribunal order for case 4757416?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9865027-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4757416?

Cleaning: $650.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $60.00 awarded to landlord; Key: $10.00 awarded to landlord; Kitchen Joinery: $150.00 awarded to landlord; Laundry Tap: $100.00 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent Arrears: $11,640.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Window Glass And Frame: $100.00 awarded to landlord

What type of tenancy dispute was case 4757416?

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

Where can I read the official tribunal order for case 4757416?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9865027-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4757416 — Rent arrears

Q: What was Tenancy Tribunal case 4757416 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 4757416 — net $14,840.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2023	$11,640.00	Rent arrears to 7 October 2023
Wall repairs and painting	$3,000.00	Wall repairs and painting
Window glass and frame	$100.00	Window glass and frame
Laundry tap	$100.00	Laundry tap
Kitchen joinery	$150.00	Kitchen joinery
Cleaning	$650.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Key	$10.00	Key
Heat pump remote	$60.00	Heat pump remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,840.44
Total payable by Tenant to Landlord	$14,840.44

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

Daniel John Porter, Andrea Robyn Porter and Robert Te Rangi James Porter must pay [The landlord/s] $14,840.44 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord’s agent attended the hearing in person. The landlord attended by telephone. None of the respondents attended.

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

The tenancy ended on 7 October 2023. The landlord provided rent records to prove the amount of rent owing at the end of the tenancy as awarded. Other Claims Law

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.

The tenant must not carelessly or intentionally damage 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.

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).

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).

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. Claims and Awards

The premises were left in a very poor condition. There was extensive damage to walls and doors. Most of the damage had been at least partially repaired by plastering when the tenancy ended. But there had been no painting.

The damage occurred during the tenancy and the tenant has not disproved liability for it. The nature and extent of the damage leads me to find that it was caused intentionally.

There was a substantial amount of rubbish left at the premises inside and outside the house.

There had been no cleaning of the premises and substantial cleaning throughout the premises was required to bring it to a reasonably clean standard.

The lawns and gardens were neglected.

There was other damage to the premises during the tenancy namely a broken tap, a drawer and window glass and frame.

The landlord produced an itemised list of claims amounting to $9220. When I questioned the landlord about the claims, he said that he and his wife had done all the work themselves.

When I asked how the amounts claimed had been calculated, the landlord said that they were based on estimates he had received.

I cannot award compensation based on estimates from contractors when those contractors have not carried out the work and charged for it. Compensation in this case must be based on the time that the landlord and his wife spent doing the work and the cost of any materials.

The landlord gave evidence about the time that he and his wife spent doing the work. He said that they had worked a full day every day for five weeks. Whilst I accept that there was a substantial work that needed to be done, I cannot accept that as a starting point for calculating compensation in this case. It is not reasonable.

I have made my own assessment of how long it should reasonably have taken to complete the work and I have made awards based on compensation at the rate of $25 per hour. The landlord does not make any claim for the cost of materials. The cost of hiring a skip has been awarded for rubbish removal. Filing Fee

The landlord has had substantial success and so I have awarded the filing fee. Suppression

The landlord has substantialy succeeded and so I have granted them name suppression.

Claims and awards in Tenancy Tribunal application 4757416 — net $14,840.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2023	$11,640.00	Rent arrears to 7 October 2023
Wall repairs and painting	$3,000.00	Wall repairs and painting
Window glass and frame	$100.00	Window glass and frame
Laundry tap	$100.00	Laundry tap
Kitchen joinery	$150.00	Kitchen joinery
Cleaning	$650.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Key	$10.00	Key
Heat pump remote	$60.00	Heat pump remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,840.44
Total payable by Tenant to Landlord	$14,840.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Daniel John Porter, Andrea Robyn Porter and Robert Te Rangi James Porter must pay [The landlord/s] $14,840.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord’s agent attended the hearing in person. The landlord attended by telephone. None of the respondents attended.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 7 October 2023. The landlord provided rent records to prove the amount of rent owing at the end of the tenancy as awarded. Other Claims Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
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).
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).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. Claims and Awards
The premises were left in a very poor condition. There was extensive damage to walls and doors. Most of the damage had been at least partially repaired by plastering when the tenancy ended. But there had been no painting.
The damage occurred during the tenancy and the tenant has not disproved liability for it. The nature and extent of the damage leads me to find that it was caused intentionally.
There was a substantial amount of rubbish left at the premises inside and outside the house.
There had been no cleaning of the premises and substantial cleaning throughout the premises was required to bring it to a reasonably clean standard.
The lawns and gardens were neglected.
There was other damage to the premises during the tenancy namely a broken tap, a drawer and window glass and frame.
The landlord produced an itemised list of claims amounting to $9220. When I questioned the landlord about the claims, he said that he and his wife had done all the work themselves.
When I asked how the amounts claimed had been calculated, the landlord said that they were based on estimates he had received.
I cannot award compensation based on estimates from contractors when those contractors have not carried out the work and charged for it. Compensation in this case must be based on the time that the landlord and his wife spent doing the work and the cost of any materials.
The landlord gave evidence about the time that he and his wife spent doing the work. He said that they had worked a full day every day for five weeks. Whilst I accept that there was a substantial work that needed to be done, I cannot accept that as a starting point for calculating compensation in this case. It is not reasonable.
I have made my own assessment of how long it should reasonably have taken to complete the work and I have made awards based on compensation at the rate of $25 per hour. The landlord does not make any claim for the cost of materials. The cost of hiring a skip has been awarded for rubbish removal. Filing Fee
The landlord has had substantial success and so I have awarded the filing fee. Suppression
The landlord has substantialy succeeded and so I have granted them name suppression.

Tenancy Tribunal case 4757416 — Rent arrears

At a glance

Tenancy Tribunal case 4757416 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions