What was Tenancy Tribunal case 4779500 about?

The tribunal order states: [The tenant/s] must pay Bartley Real Estate Limited (as agent for Hadleigh

How much money was awarded in case 4779500?

Cleaning: $776.25 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $284.26 awarded to landlord; Rent Arrears: $495.00 awarded to landlord; Techician Call Out - Dryer: $40.00 awarded to landlord

What type of tenancy dispute was case 4779500?

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

Where can I read the official tribunal order for case 4779500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10066069-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4779500 about?

The tribunal order states: [The tenant/s] must pay Bartley Real Estate Limited (as agent for Hadleigh

How much money was awarded in case 4779500?

Cleaning: $776.25 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $284.26 awarded to landlord; Rent Arrears: $495.00 awarded to landlord; Techician Call Out - Dryer: $40.00 awarded to landlord

What type of tenancy dispute was case 4779500?

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

Where can I read the official tribunal order for case 4779500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10066069-Tenancy_Tribunal_Order.pdf.

2/29 Ridgway Street, Whanganui, Whanganui 4500 Tenancy Tribunal Case 4779500 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4779500 — net $835.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Flood damage to neighbouring property (insurance excess	$500.00	Flood damage to neighbouring property (insurance excess
Rent arrears to 16 February 2024	$495.00	Rent arrears to 16 February 2024
Cleaning	$776.25	6. Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy.
Damage to ceramic cooktop (insurance excess	$500.00	Damage to ceramic cooktop (insurance excess
Techician call out - dryer	$40.00	Techician call out - dryer
Cleaning: Mattress steam clean	$100.00	6. Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy.
Lock/key replacement	$284.26	Lock/key replacement
Filing fee reimbursement	$20.44	14. The landlord has been successful in this application, and I will award the landlord the filing fee of $20.44.
Net award	$835.95
Total payable by Tenant to Landlord	$835.95

[The tenant/s] must pay Bartley Real Estate Limited (as agent for Hadleigh Reid Family Trust) $835.95 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,880.00 (6357289-009) to Bartley Real Estate Limited (as agent for Hadleigh Reid Family Trust) immediately.

Reasons

The application sought rent arrears and termination.

The tenancy came to an end on 16 February 2024.

The landlord’s amended application seeks rent arrears, cleaning, and repair costs.

The hearing took place by phone on 11 March 2024. Ms Clarke represented the landlord at the hearing. I was not able to contact the tenant on the number provided.

The landlord’s rent record shows rent arrears of $495.00 at the end of the tenancy.

Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy. The premises were not left in a reasonably clean and tidy state. The amount claimed for cleaning is proven and is fair and reasonable having regard to the landlord’s photographs.

The property was partly furnished. Ms Clarke submitted that at the final inspection the mattress protector was over the mattress. When she removed the protector she found that the mattress was stained. The mattress was in near new condition at the start of the tenancy. The amount claimed for steam cleaning the mattress is proven.

The unit is located above a shop. In or around August 2023 water flooded from this unit into the shop. The shop sustained some damage to its fire detection system. The repair cost was covered by insurance, except for the $500.00 policy excess.

Ms Clarke described the circumstances around the flood. On that evidence I am satisfied that the tenant is responsible for the flood damage.

There ws damage to ceramic stovetop during the tenancy. I understand that something fell on it, causing a large crack. The damage could not be repaired. The cost of replacing the stovetop was covered by the landlord’s insurance, except for the $500.00 policy excess.

The claim also seeks $80.00 for the cost of a technician attending to a complaint by the tenant about the clothes dryer. Ms Clarke submitted that the technician could not find a fault with the dryer either time.

I will hold the tenant liable for one of those call outs. It is reasonable for a tenant to raise a concern about an appliance not working properly, and if the complaint is raised in good faith the tenant is not liable for the cost of the technician attending even if no particular fault can be found. I understand that soon after the technician attended the first time and found no fault the tenant raised the same complaint and requested that the technician attend for a second time. I will hold the tenant liable for the second call out.

The keys were not returned at the end of the tenancy. The tenant was provided with a key for the unit and also a key for the main entrance. It was necessary to change both locks when the keys were not returned. The cost claimed is proven.

The landlord has been successful in this application, and I will award the landlord the filing fee of $20.44.

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4779500 — net $835.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Flood damage to neighbouring property (insurance excess	$500.00	Flood damage to neighbouring property (insurance excess
Rent arrears to 16 February 2024	$495.00	Rent arrears to 16 February 2024
Cleaning	$776.25	6. Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy.
Damage to ceramic cooktop (insurance excess	$500.00	Damage to ceramic cooktop (insurance excess
Techician call out - dryer	$40.00	Techician call out - dryer
Cleaning: Mattress steam clean	$100.00	6. Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy.
Lock/key replacement	$284.26	Lock/key replacement
Filing fee reimbursement	$20.44	14. The landlord has been successful in this application, and I will award the landlord the filing fee of $20.44.
Net award	$835.95
Total payable by Tenant to Landlord	$835.95

Order

[The tenant/s] must pay Bartley Real Estate Limited (as agent for Hadleigh Reid Family Trust) $835.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 (6357289-009) to Bartley Real Estate Limited (as agent for Hadleigh Reid Family Trust) immediately.

Reasons

The application sought rent arrears and termination.
The tenancy came to an end on 16 February 2024.
The landlord’s amended application seeks rent arrears, cleaning, and repair costs.
The hearing took place by phone on 11 March 2024. Ms Clarke represented the landlord at the hearing. I was not able to contact the tenant on the number provided.
The landlord’s rent record shows rent arrears of $495.00 at the end of the tenancy.
Ms Clarke provided photographs showing the condition of the premises at the end of the tenancy. The premises were not left in a reasonably clean and tidy state. The amount claimed for cleaning is proven and is fair and reasonable having regard to the landlord’s photographs.
The property was partly furnished. Ms Clarke submitted that at the final inspection the mattress protector was over the mattress. When she removed the protector she found that the mattress was stained. The mattress was in near new condition at the start of the tenancy. The amount claimed for steam cleaning the mattress is proven.
The unit is located above a shop. In or around August 2023 water flooded from this unit into the shop. The shop sustained some damage to its fire detection system. The repair cost was covered by insurance, except for the $500.00 policy excess.
Ms Clarke described the circumstances around the flood. On that evidence I am satisfied that the tenant is responsible for the flood damage.
There ws damage to ceramic stovetop during the tenancy. I understand that something fell on it, causing a large crack. The damage could not be repaired. The cost of replacing the stovetop was covered by the landlord’s insurance, except for the $500.00 policy excess.
The claim also seeks $80.00 for the cost of a technician attending to a complaint by the tenant about the clothes dryer. Ms Clarke submitted that the technician could not find a fault with the dryer either time.
I will hold the tenant liable for one of those call outs. It is reasonable for a tenant to raise a concern about an appliance not working properly, and if the complaint is raised in good faith the tenant is not liable for the cost of the technician attending even if no particular fault can be found. I understand that soon after the technician attended the first time and found no fault the tenant raised the same complaint and requested that the technician attend for a second time. I will hold the tenant liable for the second call out.
The keys were not returned at the end of the tenancy. The tenant was provided with a key for the unit and also a key for the main entrance. It was necessary to change both locks when the keys were not returned. The cost claimed is proven.
The landlord has been successful in this application, and I will award the landlord the filing fee of $20.44.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 4779500 — Property damage at 2/29 Ridgway Street, Whanganui, Whanganui 4500

At a glance

Tenancy Tribunal case 4779500 — Property damage at 2/29 Ridgway Street, Whanganui, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions