What was Tenancy Tribunal case 4814977 about?

The tribunal order states: Cleveland Maire Smith must pay [the landlord/s] $7,829.25 immediately,

How much money was awarded in case 4814977?

Rubbish Removal: $1,200.00 awarded to landlord; Property Damage: $300.00 awarded to tenant; Property Damage: $150.00 awarded to landlord; Rent Arrears: $7,951.25 awarded to landlord

What type of tenancy dispute was case 4814977?

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

Where can I read the official tribunal order for case 4814977?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10438670-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4814977 about?

The tribunal order states: Cleveland Maire Smith must pay [the landlord/s] $7,829.25 immediately,

How much money was awarded in case 4814977?

Rubbish Removal: $1,200.00 awarded to landlord; Property Damage: $300.00 awarded to tenant; Property Damage: $150.00 awarded to landlord; Rent Arrears: $7,951.25 awarded to landlord

What type of tenancy dispute was case 4814977?

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

Where can I read the official tribunal order for case 4814977?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10438670-Tribunal_Order_Redacted.pdf.

81A Main Highway, Otaki, Otaki 5512 Tenancy Tribunal Case 4814977 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4814977 — net $7,829.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,951.25		Rent arrears
Cleaning: rubbish removal, gardens, carpet cleaning and	$1,200.00		Cleaning: rubbish removal, gardens, carpet cleaning and
Lock/key replacement	$150.00		Lock/key replacement
Exemplary damages: Failure to lodge bond		$300.00	Failure to lodge bond
Total award	$9,301.25	$300.00
Net award	$7,829.25
Total payable by Tenant to Landlord	$7,829.25

Both parties attended the hearing. It was adjourned open to allow the landlord to provide further evidence to the Tribunal and the other party. This was done and no further response from the tenant has been received since then.

The tenant has applied for the bond and exemplary damages for the landlord’s failure to lodge the bond.

The landlord has counterclaimed for rent arrears, compensation, and refund of the bond.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered. Tenant application

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord accepted this failing. It was lodged after this application. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The fact the bond is released to the landlord in this order is no mitigation to the landlord’s failure to lodge the bond in a timely manner. A professional property manager should have the processes in place to ensure compliance. There is considerable public interest in ensuring the bond is appropriately handled.

In this instance, the landlord remedied, albeit belatedly, and there is no evidence of any attempt to leverage the retention of bond in its favour. Having considered the requirements of s 109(3) RTA I award $300.00 exemplary damages. Landlord application

How much is owed for rent?

The tenancy ended on 5 February 2024 after a landlord notice to terminate as the owner was intending to see the premises.

The tenant had left before 5 February 2024 but I do not find she has proven the tenancy ended at that time via any notice from her. The drop off of keys and exit inspection was mutually planned for the week after 5 February 2024.

The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The gardens were overgrown. The landlord sought $1,200.00 compensation. An invoice for carpet cleaning and repair for $794.43 was provided and photo support the need for this. There is a lack of invoices to support the balance of the claims but even if I allow for possible neighbour dumping as claimed by the tenant, I am still swayed by the photos that the balance claimed is less than the actual costs that will have followed and I award the full $1,200.00 as compensation for all vacated tenancy issues, except the lock below. In notice photographic evidence of other damage but there is no specific claim for that. Even if claimed, there is no supporting evidence of the condition of the premises at the commencement of this tenancy to establish when the damage occurred.

The tenant did not return all keys and a lock required replacing at a cost $150.00. This claim was supported by a photo and is awarded.

The landlord sought $339.25 compensation for a broken window. A photo clearly establishes the damage, but I have also considered the tenant submissions regarding the neighbours’ behaviours and possible entry. The damage does appear to have been from external force. There is no invoice in support. I dismiss this claim.

The amounts ordered are proved. Filing fee

Both parties have had success and I leave them to carry their respective filing costs. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4814977 — net $7,829.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,951.25		Rent arrears
Cleaning: rubbish removal, gardens, carpet cleaning and	$1,200.00		Cleaning: rubbish removal, gardens, carpet cleaning and
Lock/key replacement	$150.00		Lock/key replacement
Exemplary damages: Failure to lodge bond		$300.00	Failure to lodge bond
Total award	$9,301.25	$300.00
Net award	$7,829.25
Total payable by Tenant to Landlord	$7,829.25

The tenant has applied for the bond and exemplary damages for the landlord’s failure to lodge the bond.

The landlord has counterclaimed for rent arrears, compensation, and refund of the bond.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered. Tenant application

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord accepted this failing. It was lodged after this application. I find they have committed an unlawful act.

How much is owed for rent?

The tenancy ended on 5 February 2024 after a landlord notice to terminate as the owner was intending to see the premises.

The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not return all keys and a lock required replacing at a cost $150.00. This claim was supported by a photo and is awarded.

The amounts ordered are proved. Filing fee

Both parties have had success and I leave them to carry their respective filing costs. Suppression

The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 4814977 — Rent arrears at 81A Main Highway, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 4814977 — Rent arrears at 81A Main Highway, Otaki, Otaki 5512

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