How much money was awarded in case 4813162?

Cleaning: $230.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Bill: $58.38 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rent Arrears: $3,414.29 awarded to landlord; Water Rates: $216.73 awarded to landlord

What type of tenancy dispute was case 4813162?

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

Where can I read the official tribunal order for case 4813162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10217390-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4813162?

Cleaning: $230.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Bill: $58.38 awarded to landlord; Property Damage: $862.50 awarded to landlord; Rent Arrears: $3,414.29 awarded to landlord; Water Rates: $216.73 awarded to landlord

What type of tenancy dispute was case 4813162?

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

Where can I read the official tribunal order for case 4813162?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10217390-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4813162 — Rent arrears

Q: What was Tenancy Tribunal case 4813162 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4813162 — net $2,722.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,414.29	Rent arrears
Water rates	$216.73	Water rates
Power bill	$58.38	Power bill
Carpet Cleaning	$230.00	Carpet Cleaning
Cleaning	$920.00	Cleaning
Repairs	$862.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,722.34
Total payable by Tenant to Landlord	$2,722.34

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Toaiva Gloria Burnadette Fuatino Lemalufaitoaga must pay [The landlord/s] $2,722.34 calculated as shown in the table below.

The tenant must pay the debt in order 2 at the rate of $50.00 per week.

The first payment must be made on Tuesday 23 April 2024 and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 1 working day of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court or a debt collection company.

The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Two representatives of the landlord attended the hearing by video link on 16 April 2024. The tenant did not answer her phone when I called at the start of the hearing but did join later and was given the opportunity to discuss all issues.

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

The tenant agrees with some of the claims and disagrees with others. Rent, water, and power

The parties agreed to end the tenancy on 10 March 2024. The landlord provided rent records and water rates invoices and the tenant agrees that these are correct. I award the amounts claimed.

The power account was held in the landlord’s name. The landlord seeks payment of $58.38 from the tenant and the tenant agrees to pay this amount. Cleaning and other end of tenancy costs

This was a new townhouse and the tenant and her children were the first to live there.

After reviewing all documentary and oral evidence and submissions, my decisions on cleaning are:- a. Most of the house was left reasonably clean and tidy (bathrooms, kitchen, cupboards). The floors and walls of the house were not reasonably clean. b. The carpet needed shampooing as there were two small red marks in one bedroom and other normal marks on the stairs and in high-use areas. I award the carpet cleaning cost as per the invoice. c. The walls and some internal doors were marked with handprints and marks probably from the children (they were at a low height). This is a big house on two levels and the landlord said the marks were not easy to remove. I accept that the cleaning of the walls took many hours. The vinyl floors needed vacuuming and mopping and the oven cleaning. I have reduced the cleaning claim and award $800.00 +GST which is $920.00 and equates to 20 hours of work at $40.00 per hour (the amount charged on the invoice).

After considering all the evidence, my decisions on the repair claims are:- a. The tenant accepts that there was one round hole in the wall near the stairs and a deep dent (broke the surface) on the inside of a wardrobe door. I award the cost to repair these (including paint patches) as per the invoice ($350.00). b. I award $50.00 to replace the dishwasher cutlery basket. c. The landlord did not prove the dishwasher had any other fault, so I do not award the cost of repair. d. I award the claim of $300.00 to repair the oven door to make it shut properly. The tenant said that the oven door closed fully when she last used it, but the landlord’s photos prove it did not. It is possible that this happened as part of moving out. The law says that if a landlord proves there is damage, then a tenant must prove that they did not cause it. On the evidence, the landlord has proved the claim. e. I do not award the painting claim of $500.00. The landlord said this was needed to make the walls look like new again as the owner wants to sell in a few years. This is the landlord’s choice, but a tenant does not have to return walls to “as new” condition. A landlord should expect normal wear and tear on a house that is rented out. f. I award $50.00 for labour to reinstall the top cupboard doors (the tenant said she removed these so that her fridge could fit in). The doors and all hardware were left at the house by the tenant. g. I do not award the other $150.00 claim to refit two other cupboard doors as the landlord did not have photos to show me the issue and I accept the tenant’s evidence that one cupboard had always been a bad fit from the start of the tenancy.

The total award for the repair claims is $750.00 +GST which is $862.50.

The landlord has been mostly successful, so I award the filing fee and suppress its name as applied for.

The parties agreed on a repayment plan. If payments are not made on time, the landlord may refer the debt to a collection agency or for District Court enforcement.

Claims and awards in Tenancy Tribunal application 4813162 — net $2,722.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,414.29	Rent arrears
Water rates	$216.73	Water rates
Power bill	$58.38	Power bill
Carpet Cleaning	$230.00	Carpet Cleaning
Cleaning	$920.00	Cleaning
Repairs	$862.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,722.34
Total payable by Tenant to Landlord	$2,722.34

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Toaiva Gloria Burnadette Fuatino Lemalufaitoaga must pay [The landlord/s] $2,722.34 calculated as shown in the table below.
The tenant must pay the debt in order 2 at the rate of $50.00 per week.
The first payment must be made on Tuesday 23 April 2024 and payments must continue every Tuesday until the debt is paid in full.
If the tenant fails to make any payment within 1 working day of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court or a debt collection company.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Two representatives of the landlord attended the hearing by video link on 16 April 2024. The tenant did not answer her phone when I called at the start of the hearing but did join later and was given the opportunity to discuss all issues.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant agrees with some of the claims and disagrees with others. Rent, water, and power
The parties agreed to end the tenancy on 10 March 2024. The landlord provided rent records and water rates invoices and the tenant agrees that these are correct. I award the amounts claimed.
The power account was held in the landlord’s name. The landlord seeks payment of $58.38 from the tenant and the tenant agrees to pay this amount. Cleaning and other end of tenancy costs
This was a new townhouse and the tenant and her children were the first to live there.
After reviewing all documentary and oral evidence and submissions, my decisions on cleaning are:- a. Most of the house was left reasonably clean and tidy (bathrooms, kitchen, cupboards). The floors and walls of the house were not reasonably clean. b. The carpet needed shampooing as there were two small red marks in one bedroom and other normal marks on the stairs and in high-use areas. I award the carpet cleaning cost as per the invoice. c. The walls and some internal doors were marked with handprints and marks probably from the children (they were at a low height). This is a big house on two levels and the landlord said the marks were not easy to remove. I accept that the cleaning of the walls took many hours. The vinyl floors needed vacuuming and mopping and the oven cleaning. I have reduced the cleaning claim and award $800.00 +GST which is $920.00 and equates to 20 hours of work at $40.00 per hour (the amount charged on the invoice).
After considering all the evidence, my decisions on the repair claims are:- a. The tenant accepts that there was one round hole in the wall near the stairs and a deep dent (broke the surface) on the inside of a wardrobe door. I award the cost to repair these (including paint patches) as per the invoice ($350.00). b. I award $50.00 to replace the dishwasher cutlery basket. c. The landlord did not prove the dishwasher had any other fault, so I do not award the cost of repair. d. I award the claim of $300.00 to repair the oven door to make it shut properly. The tenant said that the oven door closed fully when she last used it, but the landlord’s photos prove it did not. It is possible that this happened as part of moving out. The law says that if a landlord proves there is damage, then a tenant must prove that they did not cause it. On the evidence, the landlord has proved the claim. e. I do not award the painting claim of $500.00. The landlord said this was needed to make the walls look like new again as the owner wants to sell in a few years. This is the landlord’s choice, but a tenant does not have to return walls to “as new” condition. A landlord should expect normal wear and tear on a house that is rented out. f. I award $50.00 for labour to reinstall the top cupboard doors (the tenant said she removed these so that her fridge could fit in). The doors and all hardware were left at the house by the tenant. g. I do not award the other $150.00 claim to refit two other cupboard doors as the landlord did not have photos to show me the issue and I accept the tenant’s evidence that one cupboard had always been a bad fit from the start of the tenancy.
The total award for the repair claims is $750.00 +GST which is $862.50.
The landlord has been mostly successful, so I award the filing fee and suppress its name as applied for.
The parties agreed on a repayment plan. If payments are not made on time, the landlord may refer the debt to a collection agency or for District Court enforcement.

Tenancy Tribunal case 4813162 — Rent arrears

At a glance

Tenancy Tribunal case 4813162 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions