What was Tenancy Tribunal case 4819117 about?

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

How much money was awarded in case 4819117?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,428.57 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord

What type of tenancy dispute was case 4819117?

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

Where can I read the official tribunal order for case 4819117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10406788-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4819117 about?

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

How much money was awarded in case 4819117?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,428.57 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord

What type of tenancy dispute was case 4819117?

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

Where can I read the official tribunal order for case 4819117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10406788-Tribunal_Order_Redacted.pdf.

35 McClelland Road, RD 5, Rolleston 7675 Tenancy Tribunal Case 4819117 — Rent arrears

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35 McClelland Road, RD 5, Rolleston 7675 Tenancy Tribunal Case 4819117 — Rent arrears | 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 4819117 — net $7,399.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 April 2024	$7,428.57	Rent arrears to 7 April 2024
Rubbish removal, cleaning and carpets	$750.00	Rubbish removal, cleaning and carpets
Artificial turf repair, curtain replacement, locks, cleaning materials and travel	$1,200.00	Artificial turf repair, curtain replacement, locks, cleaning materials and travel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,399.01
Total payable by Tenant to Landlord	$7,399.01

Claims and awards for application 4819117 — net $7,399.01 NZD. Verify on MoJ.

Rent arrears to 7 April 2024

Amount: $7,428.57
Awarded to: Landlord
Reason: Rent arrears to 7 April 2024

Rubbish removal, cleaning and carpets

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal, cleaning and carpets

Artificial turf repair, curtain replacement, locks, cleaning materials and travel

Amount: $1,200.00
Awarded to: Landlord
Reason: Artificial turf repair, curtain replacement, locks, cleaning materials and travel

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $7,399.01

Total payable by Tenant to Landlord

Landlord $7,399.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
Rachael Webber must pay [The landlord/s] $7,399.01 immediately, calculated as shown in the table below.

Reasons

Only the landlord was represented at the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has retained the bond in the sum of $2,000. Rent
The tenancy ended on 7 April 2024. The landlord provided rent records to prove the amount owing at the end of the tenancy as awarded. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord and his family removed the rubbish and cleaned the premises. I have awarded a sum in compensation for their time, and I am satisfied that it is reasonable.
There was damage during the tenancy to the artificial turf at the premises from cigarette burns and to six drops of curtains from cats clawing at them. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The turf and curtains were relatively new and in good condition and so there is no need to consider betterment.
There were other expenses including travel costs and cleaning materials.
The amounts ordered are proved by the production of invoices and by evidence given by the landlord’s representative.
The landlord has succeeded and so I have awarded the filing fee.
I note that the claims for cleaning and damage were not included in the application as filed and were not notified to the tenant. But I am satisfied that it is unlikely that the tenant would have attended the hearing in any case. The claims were also well supported by evidence, and I have scrutinised them and awarded approximately 75% of the claimed amount. I am satisfied that the awards are eminently reasonable.

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 4819117 — net $7,399.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 April 2024	$7,428.57	Rent arrears to 7 April 2024
Rubbish removal, cleaning and carpets	$750.00	Rubbish removal, cleaning and carpets
Artificial turf repair, curtain replacement, locks, cleaning materials and travel	$1,200.00	Artificial turf repair, curtain replacement, locks, cleaning materials and travel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,399.01
Total payable by Tenant to Landlord	$7,399.01

Claims and awards for application 4819117 — net $7,399.01 NZD. Verify on MoJ.

Rent arrears to 7 April 2024

Amount: $7,428.57
Awarded to: Landlord
Reason: Rent arrears to 7 April 2024

Rubbish removal, cleaning and carpets

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal, cleaning and carpets

Artificial turf repair, curtain replacement, locks, cleaning materials and travel

Amount: $1,200.00
Awarded to: Landlord
Reason: Artificial turf repair, curtain replacement, locks, cleaning materials and travel

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $7,399.01

Total payable by Tenant to Landlord

Landlord $7,399.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
Rachael Webber must pay [The landlord/s] $7,399.01 immediately, calculated as shown in the table below.

Reasons

Only the landlord was represented at the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has retained the bond in the sum of $2,000. Rent
The tenancy ended on 7 April 2024. The landlord provided rent records to prove the amount owing at the end of the tenancy as awarded. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord and his family removed the rubbish and cleaned the premises. I have awarded a sum in compensation for their time, and I am satisfied that it is reasonable.
There was damage during the tenancy to the artificial turf at the premises from cigarette burns and to six drops of curtains from cats clawing at them. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The turf and curtains were relatively new and in good condition and so there is no need to consider betterment.
There were other expenses including travel costs and cleaning materials.
The amounts ordered are proved by the production of invoices and by evidence given by the landlord’s representative.
The landlord has succeeded and so I have awarded the filing fee.
I note that the claims for cleaning and damage were not included in the application as filed and were not notified to the tenant. But I am satisfied that it is unlikely that the tenant would have attended the hearing in any case. The claims were also well supported by evidence, and I have scrutinised them and awarded approximately 75% of the claimed amount. I am satisfied that the awards are eminently reasonable.

Tenancy Tribunal case 4819117 — Rent arrears at 35 McClelland Road, RD 5, Rolleston 7675

At a glance

Tenancy Tribunal case 4819117 — Rent arrears at 35 McClelland Road, RD 5, Rolleston 7675

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