What was the outcome of Tenancy Tribunal case 4810059?

The tribunal order states: The tenancy of Magdalena Maria Johanna Oosthuizen at 81 Dusky Street, Te

How much money was awarded in case 4810059?

Filing Fee: $20.44 awarded to landlord; Garden: $180.00 awarded to landlord; Property Damage: $921.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $83.71 awarded to landlord

What type of tenancy dispute was case 4810059?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4810059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10239083-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4810059?

The tribunal order states: The tenancy of Magdalena Maria Johanna Oosthuizen at 81 Dusky Street, Te

How much money was awarded in case 4810059?

Filing Fee: $20.44 awarded to landlord; Garden: $180.00 awarded to landlord; Property Damage: $921.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $83.71 awarded to landlord

What type of tenancy dispute was case 4810059?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4810059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10239083-Tenancy_Tribunal_Order.pdf.

81 Dusky Street, Te Anau, Te Anau 9600 Tenancy Tribunal Case 4810059 — Property damage

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81 Dusky Street, Te Anau, Te Anau 9600 Tenancy Tribunal Case 4810059 — 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 4810059 — net $1,905.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Curtain repairs	$921.15	Curtain repairs
Garden	$180.00	Garden
Carpet insurance excess	$500.00	Carpet insurance excess
Wall damage contribution	$200.00	Wall damage contribution
Laundry tub repairs	$83.71	Laundry tub repairs
Filing fee	$20.44	Filing fee
Net award	$1,905.30
Total payable by Tenant to Landlord	$1,905.30

Claims and awards for application 4810059 — net $1,905.30 NZD. Verify on MoJ.

Curtain repairs

Amount: $921.15
Awarded to: Landlord
Reason: Curtain repairs

Garden

Amount: $180.00
Awarded to: Landlord
Reason: Garden

Carpet insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Carpet insurance excess

Wall damage contribution

Amount: $200.00
Awarded to: Landlord
Reason: Wall damage contribution

Laundry tub repairs

Amount: $83.71
Awarded to: Landlord
Reason: Laundry tub repairs

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenancy of Magdalena Maria Johanna Oosthuizen at 81 Dusky Street, Te Anau, Te Anau 9600 is terminated, and possession is granted to Deborah Anne Speden, Lee Celal Yasar and Rebecca Fleur Debbie Bianca Kane, at 5pm on Tuesday 23 April 2024.
Magdalena Maria Johanna Oosthuizen is to pay Deborah Anne Speden, Lee Celal Yasar and Rebecca Fleur Debbie Bianca Kane the sum of $1905.30 as outlined in the table below.

Reasons

Both parties attended the hearing by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord served a 14-day notice on the tenant on 19 January 2024 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the increasing concern the landlord has in relation to ongoing breaches that is clearly affecting the condition of their home.
The claim is in relation tot stains on the carpet and the tenant failed to notify the landlord and the stains are now permanent and the carpet requires replacement. The claim is for the excess of the landlord’s insurance.
The curtains had significant sun damage and the evidence is that they are shut for a significant period of time. Further in one room they were stained with mould. In one room the carpet and curtains had very aged vomit stains.
In relation to the garden’s theses were becoming overgrown and in the laundry the tub was damaged and required repair.
There were some stains on the walls, cuts into the paint and in the shower damage from the shower leak that had not ben remedied nor had the tenant notified the landlord. The total costs of these repairs have been included in one invoice and not itemised. I am concerned that the pre inspection report records that there was some marks pre tenancy. Therefore, I have not been satisfied that all of the damage occurred during this tenancy and therefore make a contribution to the claim.
The bond ins not being claimed for at this time and there may be further clean up costs sought when the tenant leaves the property. However, the claims today can not be re considered. If there is no further claims then it would be expected that this amount is deducted from the bond and the tenant retains the balance of the bond.
Because Deborah Anne Speden, Lee Celal Yasar, Rebecca Fleur Debbie Bianca Kane has substantially succeeded with the claim I have reimbursed the filing 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 4810059 — net $1,905.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Curtain repairs	$921.15	Curtain repairs
Garden	$180.00	Garden
Carpet insurance excess	$500.00	Carpet insurance excess
Wall damage contribution	$200.00	Wall damage contribution
Laundry tub repairs	$83.71	Laundry tub repairs
Filing fee	$20.44	Filing fee
Net award	$1,905.30
Total payable by Tenant to Landlord	$1,905.30

Claims and awards for application 4810059 — net $1,905.30 NZD. Verify on MoJ.

Curtain repairs

Amount: $921.15
Awarded to: Landlord
Reason: Curtain repairs

Garden

Amount: $180.00
Awarded to: Landlord
Reason: Garden

Carpet insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Carpet insurance excess

Wall damage contribution

Amount: $200.00
Awarded to: Landlord
Reason: Wall damage contribution

Laundry tub repairs

Amount: $83.71
Awarded to: Landlord
Reason: Laundry tub repairs

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The tenancy of Magdalena Maria Johanna Oosthuizen at 81 Dusky Street, Te Anau, Te Anau 9600 is terminated, and possession is granted to Deborah Anne Speden, Lee Celal Yasar and Rebecca Fleur Debbie Bianca Kane, at 5pm on Tuesday 23 April 2024.
Magdalena Maria Johanna Oosthuizen is to pay Deborah Anne Speden, Lee Celal Yasar and Rebecca Fleur Debbie Bianca Kane the sum of $1905.30 as outlined in the table below.

Reasons

Both parties attended the hearing by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord served a 14-day notice on the tenant on 19 January 2024 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the increasing concern the landlord has in relation to ongoing breaches that is clearly affecting the condition of their home.
The claim is in relation tot stains on the carpet and the tenant failed to notify the landlord and the stains are now permanent and the carpet requires replacement. The claim is for the excess of the landlord’s insurance.
The curtains had significant sun damage and the evidence is that they are shut for a significant period of time. Further in one room they were stained with mould. In one room the carpet and curtains had very aged vomit stains.
In relation to the garden’s theses were becoming overgrown and in the laundry the tub was damaged and required repair.
There were some stains on the walls, cuts into the paint and in the shower damage from the shower leak that had not ben remedied nor had the tenant notified the landlord. The total costs of these repairs have been included in one invoice and not itemised. I am concerned that the pre inspection report records that there was some marks pre tenancy. Therefore, I have not been satisfied that all of the damage occurred during this tenancy and therefore make a contribution to the claim.
The bond ins not being claimed for at this time and there may be further clean up costs sought when the tenant leaves the property. However, the claims today can not be re considered. If there is no further claims then it would be expected that this amount is deducted from the bond and the tenant retains the balance of the bond.
Because Deborah Anne Speden, Lee Celal Yasar, Rebecca Fleur Debbie Bianca Kane has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4810059 — Property damage at 81 Dusky Street, Te Anau, Te Anau 9600

At a glance

Tenancy Tribunal case 4810059 — Property damage at 81 Dusky Street, Te Anau, Te Anau 9600

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions