What was Tenancy Tribunal case 4822759 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,354.59 immediately, calculated as

How much money was awarded in case 4822759?

Cleaning: $230.00 awarded to landlord; Cleaning: $586.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $137.57 awarded to landlord; Rent Arrears: $1,714.29 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Usage: $265.79 awarded to landlord

What type of tenancy dispute was case 4822759?

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

Where can I read the official tribunal order for case 4822759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126765-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4822759 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,354.59 immediately, calculated as

How much money was awarded in case 4822759?

Cleaning: $230.00 awarded to landlord; Cleaning: $586.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $137.57 awarded to landlord; Rent Arrears: $1,714.29 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Usage: $265.79 awarded to landlord

What type of tenancy dispute was case 4822759?

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

Where can I read the official tribunal order for case 4822759?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126765-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4822759 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4822759 — net $2,354.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2024	$1,714.29	Rent arrears to 12 March 2024
Water usage	$265.79	Water usage
Power	$137.57	Power
Carpet Cleaning: and sofa cleaning	$230.00	Carpet Cleaning: and sofa cleaning
Cleaning	$586.50	Cleaning
Repairs: balcony glass insurance excess	$1,000.00	Repairs: balcony glass insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,354.59
Total payable by Tenant to Landlord	$2,354.59

The agent [The landlord’s representative/s] and her colleague attended the hearing. The tenant turned up after the hearing had finished and had the decision explained to him.

This tenancy has ended.

The landlord has applied for rent arrears, compensation for carpet and sofa cleaning, general cleaning, and repair (insurance excess for glass balcony and picture holes in wall), refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent water and power?

The tenancy ended on 12 March 2024. The landlord provided rent records and water rates invoices and power invoices which prove the amount owing at the end of the tenancy as ordered above.

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. The agent showed pre and post tenancy photos showing the premises required extra cleaning.

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.

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). See section 49B(3)(a) RTA.

The following damage was caused during the tenancy: glass balcony shattered, with landlord’s insurance paying out. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount for the insurance excess being $1000.00 as ordered is proved.

The agent also sought compensation for picture hook holes in the walls.

A quote for repair was provided but the repair has not occurred. Tenants are allowed to put up pictures on walls and reasonable amounts of tiny holes are acceptable as fair wear and tear. In this situation, the repair has also not taken place, so no loss incurred by the landlord. This aspect of the claim is dismissed.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order 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. Section 95A Residential Tenancies Act 1986.

The landlord has been substantially successful in these proceedings. The tenant showed up after the end of the hearing to hear the outcome. Having considered the factors in this case the Tribunal grants suppression of the parties and tenancy details.

Claims and awards in Tenancy Tribunal application 4822759 — net $2,354.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2024	$1,714.29	Rent arrears to 12 March 2024
Water usage	$265.79	Water usage
Power	$137.57	Power
Carpet Cleaning: and sofa cleaning	$230.00	Carpet Cleaning: and sofa cleaning
Cleaning	$586.50	Cleaning
Repairs: balcony glass insurance excess	$1,000.00	Repairs: balcony glass insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,354.59
Total payable by Tenant to Landlord	$2,354.59

Order

[The tenant/s] must pay [The landlord/s] $2,354.59 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The agent [The landlord’s representative/s] and her colleague attended the hearing. The tenant turned up after the hearing had finished and had the decision explained to him.
This tenancy has ended.
The landlord has applied for rent arrears, compensation for carpet and sofa cleaning, general cleaning, and repair (insurance excess for glass balcony and picture holes in wall), refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent water and power?

The tenancy ended on 12 March 2024. The landlord provided rent records and water rates invoices and power invoices which prove the amount owing at the end of the tenancy as ordered above.

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. The agent showed pre and post tenancy photos showing the premises required extra cleaning.
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.
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). See section 49B(3)(a) RTA.
The following damage was caused during the tenancy: glass balcony shattered, with landlord’s insurance paying out. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount for the insurance excess being $1000.00 as ordered is proved.
The agent also sought compensation for picture hook holes in the walls.
A quote for repair was provided but the repair has not occurred. Tenants are allowed to put up pictures on walls and reasonable amounts of tiny holes are acceptable as fair wear and tear. In this situation, the repair has also not taken place, so no loss incurred by the landlord. This aspect of the claim is dismissed.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order 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. Section 95A Residential Tenancies Act 1986.
The landlord has been substantially successful in these proceedings. The tenant showed up after the end of the hearing to hear the outcome. Having considered the factors in this case the Tribunal grants suppression of the parties and tenancy details.

Tenancy Tribunal case 4822759 — Rent arrears

At a glance

Tenancy Tribunal case 4822759 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent water and power?

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

Order

Reasons

How much is owed for rent water and power?

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