What was Tenancy Tribunal case 4810953 about?

The tribunal order states: Jovan Myhill must pay [The landlord/s] $3,150.10 immediately, calculated as

How much money was awarded in case 4810953?

4 Weeks Rent In Lieu Of Notice: $1,520.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $16.49 awarded to landlord; Property Damage: $170.96 awarded to landlord; Rent Owed: $2,225.71 awarded to landlord; To The Wall And The Window Frame: $50.00 awarded to landlord; Rubbish Removal: $366.50 awarded to landlord

What type of tenancy dispute was case 4810953?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4810953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10247991-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4810953 about?

The tribunal order states: Jovan Myhill must pay [The landlord/s] $3,150.10 immediately, calculated as

How much money was awarded in case 4810953?

4 Weeks Rent In Lieu Of Notice: $1,520.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $16.49 awarded to landlord; Property Damage: $170.96 awarded to landlord; Rent Owed: $2,225.71 awarded to landlord; To The Wall And The Window Frame: $50.00 awarded to landlord; Rubbish Removal: $366.50 awarded to landlord

What type of tenancy dispute was case 4810953?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4810953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10247991-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4810953 — Cleanliness

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New Zealand Tenancy Tribunal Case 4810953 — Cleanliness | 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 4810953 — net $3,150.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 25 February 2024	$2,225.71	Rent owed to 25 February 2024
4 weeks rent in lieu of notice	$1,520.00	4 weeks rent in lieu of notice
Lock/key replacement	$170.96	Lock/key replacement
Pest control: fleas	$16.49	Pest control: fleas
Cleaning	$300.00	Cleaning
Repairs: to the wall and the window frame	$50.00	Repairs: to the wall and the window frame
Rubbish removal	$366.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,150.10
Total payable by Tenant to Landlord	$3,150.10

Claims and awards for application 4810953 — net $3,150.10 NZD. Verify on MoJ.

Rent owed to 25 February 2024

Amount: $2,225.71
Awarded to: Landlord
Reason: Rent owed to 25 February 2024

4 weeks rent in lieu of notice

Amount: $1,520.00
Awarded to: Landlord
Reason: 4 weeks rent in lieu of notice

Lock/key replacement

Amount: $170.96
Awarded to: Landlord
Reason: Lock/key replacement

Pest control: fleas

Amount: $16.49
Awarded to: Landlord
Reason: Pest control: fleas

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

Jovan Myhill must pay [The landlord/s] $3,150.10 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
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 end of this tenancy was unusual. The parties had a fixed term tenancy ending in November 2024. In February the landlord became aware that the tenant had moved out, advertised, and moved another person into the flat. This is not allowed. The new person did not pay rent, caused damage, and disturbed the neighbours. The landlord manged to persuade the new person to move out and changed the locks on 25 February 2024 to prevent him from returning.
It seems from the emails exchanged that the parties agreed the tenant could leave before the end of the fixed term, provided she gave 4 weeks notice. While this is not the usual way a tenancy would end, it seems to be a fair resolution to this situation. By changing the locks the landlord took possession, but he also prevented the new person from causing more damage. Further, the tenant agreed to pay 4 weeks rent in lieu of notice after the locks were changed. I have considered the merits and justice of the case and I allow the claim for rent arrears to 25 February 2024, as well as the four weeks rent from that date. The landlord provided rent records which prove the amount owing to the end of the tenancy on 25 February 2024. New tenants moved into the flat in April 2024.

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 (RTA).
The landlord took photos at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The house had fleas. The tenant did not return the keys either. The amounts ordered are proved.

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.
A wall and a window frame were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I was not provided with an invoice for the work carried out by the builder and so I have allowed an estimate for the work rather than dismiss the claim.
There are also claims for replacement carpet, new curtains, new curtain tracks and repainting the flat.
I was not provided with an invoice for the curtain tracks so there is no proof the landlord bought new tracks. This claim is dismissed.
These remaining claims have been dismissed because I have taken betterment and depreciation into account. 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Carpet and painted walls are expected to last eight years, so an order for replacement would mean the landlord was better off. I was not provided with any proof of purchase for the curtains, so I cannot calculate depreciation. These claims are dismissed. See the IR265 2020 for the depreciation tables for residential tenancies. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

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 4810953 — net $3,150.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 25 February 2024	$2,225.71	Rent owed to 25 February 2024
4 weeks rent in lieu of notice	$1,520.00	4 weeks rent in lieu of notice
Lock/key replacement	$170.96	Lock/key replacement
Pest control: fleas	$16.49	Pest control: fleas
Cleaning	$300.00	Cleaning
Repairs: to the wall and the window frame	$50.00	Repairs: to the wall and the window frame
Rubbish removal	$366.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,150.10
Total payable by Tenant to Landlord	$3,150.10

Claims and awards for application 4810953 — net $3,150.10 NZD. Verify on MoJ.

Rent owed to 25 February 2024

Amount: $2,225.71
Awarded to: Landlord
Reason: Rent owed to 25 February 2024

4 weeks rent in lieu of notice

Amount: $1,520.00
Awarded to: Landlord
Reason: 4 weeks rent in lieu of notice

Lock/key replacement

Amount: $170.96
Awarded to: Landlord
Reason: Lock/key replacement

Pest control: fleas

Amount: $16.49
Awarded to: Landlord
Reason: Pest control: fleas

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

Jovan Myhill must pay [The landlord/s] $3,150.10 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
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 end of this tenancy was unusual. The parties had a fixed term tenancy ending in November 2024. In February the landlord became aware that the tenant had moved out, advertised, and moved another person into the flat. This is not allowed. The new person did not pay rent, caused damage, and disturbed the neighbours. The landlord manged to persuade the new person to move out and changed the locks on 25 February 2024 to prevent him from returning.
It seems from the emails exchanged that the parties agreed the tenant could leave before the end of the fixed term, provided she gave 4 weeks notice. While this is not the usual way a tenancy would end, it seems to be a fair resolution to this situation. By changing the locks the landlord took possession, but he also prevented the new person from causing more damage. Further, the tenant agreed to pay 4 weeks rent in lieu of notice after the locks were changed. I have considered the merits and justice of the case and I allow the claim for rent arrears to 25 February 2024, as well as the four weeks rent from that date. The landlord provided rent records which prove the amount owing to the end of the tenancy on 25 February 2024. New tenants moved into the flat in April 2024.

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 (RTA).
The landlord took photos at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The house had fleas. The tenant did not return the keys either. The amounts ordered are proved.

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.
A wall and a window frame were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I was not provided with an invoice for the work carried out by the builder and so I have allowed an estimate for the work rather than dismiss the claim.
There are also claims for replacement carpet, new curtains, new curtain tracks and repainting the flat.
I was not provided with an invoice for the curtain tracks so there is no proof the landlord bought new tracks. This claim is dismissed.
These remaining claims have been dismissed because I have taken betterment and depreciation into account. 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Carpet and painted walls are expected to last eight years, so an order for replacement would mean the landlord was better off. I was not provided with any proof of purchase for the curtains, so I cannot calculate depreciation. These claims are dismissed. See the IR265 2020 for the depreciation tables for residential tenancies. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4810953 — Cleanliness

At a glance

Tenancy Tribunal case 4810953 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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