What was Tenancy Tribunal case 4795337 about?

The tribunal order states: [The tenant/s] must pay Team Group Rentals Limited T/A: Harcourts Acting As

How much money was awarded in case 4795337?

Cleaning: $569.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas Reconnection: $116.27 awarded to landlord; Rent Arrears: $731.43 awarded to landlord; Replace Furnishings: Curtains Br 2: $100.00 awarded to landlord

What type of tenancy dispute was case 4795337?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4795337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10414583-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4795337 about?

The tribunal order states: [The tenant/s] must pay Team Group Rentals Limited T/A: Harcourts Acting As

How much money was awarded in case 4795337?

Cleaning: $569.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas Reconnection: $116.27 awarded to landlord; Rent Arrears: $731.43 awarded to landlord; Replace Furnishings: Curtains Br 2: $100.00 awarded to landlord

What type of tenancy dispute was case 4795337?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4795337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10414583-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 1, 49C Garden Road, Avalon, Lower Hutt 5011 Tenancy Tribunal Case 4795337 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4795337 — net $1,537.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$731.43	Rent arrears
Cleaning	$569.25	Cleaning
Gas reconnection	$116.27	Gas reconnection
Replace furnishings: curtains br 2	$100.00	Replace furnishings: curtains br 2
Filing fee	$20.44	Filing fee
Net award	$1,537.39
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,537.39

[The tenant/s] must pay Team Group Rentals Limited T/A: Harcourts Acting As Agent For Dee Vyas & Madhusvdan Vyas $0.00 immediately, being rent arrears to [insert date].

[The tenant/s] to pay Team Group Rentals Limited T/A: Harcourts Acting As Agent For Dee Vyas & Madhusvdan Vyas $1,537.39 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) immediately apportioned as follows: Team Group Rentals Limited T/A: Harcourts Acting As Agent For Dee Vyas & Madhusvdan Vyas: $1,537.39 [The tenant/s]: $822.61

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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

How much is owed for rent?

The tenancy ended on 29 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The last rent was paid to 22 December 2023, therefore 1 week and 1 day’s rent remained unpaid to the end of the tenancy.

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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The photos show that there were marks on walls and ceilings, carpets were un-vacuumed, there were cobwebs, and the toilet and bathroom needed cleaning. The tenant has disputed the amount claimed which they say seems high. However, no competing evidence was provided. I note that the cost is based on an invoice from an independent contractor, and I do note that the work listed is consistent with the post-tenancy inspection photos. I award the costs sought.

The landlord has claimed the following chattels were missing at the end of the tenancy: the curtains in bedroom 2 and the egg chair which was bolted to the patio.

The landlord has replaced the curtains which were estimated as being 5 years old at a cost of $150. The tenant says that there was mould on the curtains early on in the tenancy. The pre-tenancy inspection photos show that the curtains were clean and unmarked at the outset of the tenancy. I accept that the curtains need to be replaced, I depreciate them by 33% on account of the age of the curtains. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation,I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

There is a conflict of evidence about the egg-chair. The tenant says that he was asked by one of the owners to remove the egg chair. This occurred when the owner was visiting to access the storage shed on the property. The tenant says the eggchair was removed early in the tenancy and was then placed in the garden as he was told that someone would collect it. This is confirmed by an inspection photo. The landlord (the owner’s property manager) advises that this is disputed by the owner.

There are 2 considerations here, that the owner’s evidence is hearsay and onus. The owner did not make an appearance at the hearing. Therefore, the comment that the owner did not agree to the removal of the chair is hearsay. The problem with hearsay is that it is impossible to test the evidence to unpack what has occurred. Moreover, the onus is on the landlord to prove their case, and where the evidence is 2 competing accounts, it is impossible to resolve this difference on the balance of probabilities. Therefore, I cannot award the amounts sought.

The amounts ordered are proved. 12.

Order

Claims and awards in Tenancy Tribunal application 4795337 — net $1,537.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$731.43	Rent arrears
Cleaning	$569.25	Cleaning
Gas reconnection	$116.27	Gas reconnection
Replace furnishings: curtains br 2	$100.00	Replace furnishings: curtains br 2
Filing fee	$20.44	Filing fee
Net award	$1,537.39
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,537.39

[The tenant/s] must pay Team Group Rentals Limited T/A: Harcourts Acting As Agent For Dee Vyas & Madhusvdan Vyas $0.00 immediately, being rent arrears to [insert date].

[The tenant/s] to pay Team Group Rentals Limited T/A: Harcourts Acting As Agent For Dee Vyas & Madhusvdan Vyas $1,537.39 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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

How much is owed for rent?

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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord has claimed the following chattels were missing at the end of the tenancy: the curtains in bedroom 2 and the egg chair which was bolted to the patio.

The amounts ordered are proved. 12.

Tenancy Tribunal case 4795337 — Rent arrears at Unit/Flat Flat 1, 49C Garden Road, Avalon, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4795337 — Rent arrears at Unit/Flat Flat 1, 49C Garden Road, Avalon, Lower Hutt 5011

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions