What was the outcome of Tenancy Tribunal case 4790098?

The tribunal order states: Wendy Sutherland must pay Jennifer Eleanor Sanders and Alan Millar

How much money was awarded in case 4790098?

Cleaning: $202.11 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Rent Arrears: $3,615.00 awarded to landlord; Water Rates: $185.65 awarded to landlord

What type of tenancy dispute was case 4790098?

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

Where can I read the official tribunal order for case 4790098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10524309-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4790098?

The tribunal order states: Wendy Sutherland must pay Jennifer Eleanor Sanders and Alan Millar

How much money was awarded in case 4790098?

Cleaning: $202.11 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Rent Arrears: $3,615.00 awarded to landlord; Water Rates: $185.65 awarded to landlord

What type of tenancy dispute was case 4790098?

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

Where can I read the official tribunal order for case 4790098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10524309-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 5 Hepburn Street, Freemans Bay, Auckland Tenancy Tribunal Case 4790098 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4790098 — net $5,273.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2023	$3,615.00	Rent arrears to 24 December 2023
Water rates	$185.65	Water rates
Carpet - insurance excess	$1,250.00	Carpet - insurance excess
Cleaning: Curtain	$202.11	Cleaning: Curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,273.20
Total payable by Tenant to Landlord	$5,273.20

Wendy Sutherland must pay Jennifer Eleanor Sanders and Alan Millar $5,273.20, calculated as shown in table below.

The tenant must pay the debt at the rate of $1,350.00 per month with the first payment on 20 July 2024 followed by payments on 20 August 2024 and 20 September 2024 and a final payment of $1,223.20 on 20 October 2024.

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.

Reasons

Both parties attended the hearing. The tenant attended the hearing by telephone.

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

How much is owed for rent and water rates?

The tenancy ended on 24 December 2023, although the tenants remained for a further week that the landlords do not seek payment for. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. At the hearing the tenant accepted that these amounts were owed.

After the tenancy ended the tenant agreed to release the bond of $2,985.00 to the landlord to go toward the rent arrears. This amount has been deducted from the total rent arrears leaving a balance owing of $3,615.00.

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 landlord claims that the tenant did not clean some curtains. The landlord had the curtains professionally cleaned and the invoice has been produced. That claim is proved and was accepted by the tenant.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The landlord claimed for damage to the carpet in the loft. The landlord received professional advice that the carpet could not be cleaned effectively and instead needed to be replaced. The landlord produced photographs of the carpet including one of the underside which shows a large stain that is mouldy.

The landlord seeks reimbursement of the insurance excess for replacement of the carpet. The excess was $1,250.00. The tenant accepted liability and payment of the excess.

Because Jennifer Eleanor Sanders, Alan Millar has wholly succeeded with the claim I must reimburse the filing fee.

The parties agreed that the tenant could pay the debt over a four-month period. If the tenant fails to make any of the four monthly payments within two working days of the due date the balance of the debt will be due immediately.

Claims and awards in Tenancy Tribunal application 4790098 — net $5,273.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2023	$3,615.00	Rent arrears to 24 December 2023
Water rates	$185.65	Water rates
Carpet - insurance excess	$1,250.00	Carpet - insurance excess
Cleaning: Curtain	$202.11	Cleaning: Curtain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,273.20
Total payable by Tenant to Landlord	$5,273.20

Order

Wendy Sutherland must pay Jennifer Eleanor Sanders and Alan Millar $5,273.20, calculated as shown in table below.
The tenant must pay the debt at the rate of $1,350.00 per month with the first payment on 20 July 2024 followed by payments on 20 August 2024 and 20 September 2024 and a final payment of $1,223.20 on 20 October 2024.
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.

Reasons

Both parties attended the hearing. The tenant attended the hearing by telephone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 24 December 2023, although the tenants remained for a further week that the landlords do not seek payment for. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. At the hearing the tenant accepted that these amounts were owed.
After the tenancy ended the tenant agreed to release the bond of $2,985.00 to the landlord to go toward the rent arrears. This amount has been deducted from the total rent arrears leaving a balance owing of $3,615.00.

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 landlord claims that the tenant did not clean some curtains. The landlord had the curtains professionally cleaned and the invoice has been produced. That claim is proved and was accepted by the tenant.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The landlord claimed for damage to the carpet in the loft. The landlord received professional advice that the carpet could not be cleaned effectively and instead needed to be replaced. The landlord produced photographs of the carpet including one of the underside which shows a large stain that is mouldy.
The landlord seeks reimbursement of the insurance excess for replacement of the carpet. The excess was $1,250.00. The tenant accepted liability and payment of the excess.
Because Jennifer Eleanor Sanders, Alan Millar has wholly succeeded with the claim I must reimburse the filing fee.
The parties agreed that the tenant could pay the debt over a four-month period. If the tenant fails to make any of the four monthly payments within two working days of the due date the balance of the debt will be due immediately.

Tenancy Tribunal case 4790098 — Rent arrears at Unit/Flat 2, 5 Hepburn Street, Freemans Bay, Auckland

At a glance

Tenancy Tribunal case 4790098 — Rent arrears at Unit/Flat 2, 5 Hepburn Street, Freemans Bay, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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