How much money was awarded in case 4837172?

Cleaning: $250.00 awarded to landlord; Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $22,579.14 awarded to landlord; Replace Shower Head: $57.50 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 4837172?

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

Where can I read the official tribunal order for case 4837172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601559-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4837172?

Cleaning: $250.00 awarded to landlord; Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $22,579.14 awarded to landlord; Replace Shower Head: $57.50 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 4837172?

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

Where can I read the official tribunal order for case 4837172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601559-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 11 Hanson Street, Mount Cook, Wellington 6021 Tenancy Tribunal Case 4837172 — Rent arrears

Q: What was Tenancy Tribunal case 4837172 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 4837172 — net $20,217.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$22,579.14	Rent arrears
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$172.50	Rubbish removal
Repairs: replace shower head	$57.50	Repairs: replace shower head
Cleaning: outdoor area where rubbish left	$138.00	Cleaning: outdoor area where rubbish left
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20,217.58
Total payable by Tenant to Landlord	$20,217.58

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

Crystiane Lozano and Matheus Lozano must pay [The landlord/s] $20,217.58 immediately, calculated as shown in table below.

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

Reasons

The landlord attended the hearing represented by [The landlord’s representatives]. There was no appearance for the tenants.

As the application had been lodged more than two months after the tenancy ended, I had to be satisfied that the tenants had been made aware of the proceedings. The tenants had been served with the application by email address that was listed in the tenancy agreement as an address for service and used during the tenancy by the landlord. They had also been notified of the proceedings by text on the number provided by them on the tenancy agreement and used during the tenancy. [The landlord’s representative] has spoken with Ms Lozano and Mr Lozano’s father regarding these matters.

Accordingly, I am satisfied that the tenants were made aware of the proceedings and therefore pursuant to section 91B(2)(b) of the Residential Tenancies Act 1986 (RTA) I accept that substituted service has occurred. The hearing therefore continued in the absence of the tenants pursuant to section 92 of the RTA.

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 tenancy was for a fixed term, contracted to end on 6 January 2024. Sadly, the owner of the property passed away from illness in August 2023 and it was not until some time after his passing that it became apparent that the tenants had not been paying rent for some time. The tenants then vacated without discussion in November 2023.

A landlord of a fixed term tenancy is not required pursuant to the usual law of mitigation (as found in section 49 of the RTA) to apply to the Tribunal to end the tenancy earlier than contracted for. 1 I also accept the landlord’s reasoning for the late bringing of the claim.

The landlord has proven in evidence that the tenants owe the amount ordered in rent arrears.

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) RTA.

The landlord has established in evidence that the tenant did not leave the 1 See section 61(4) RTA premises reasonably clean and tidy and did not remove all rubbish. There were stains on the carpet and some rubbish was left. [The landlord’s representative] inspected the property at the commencement of the tenancy and advises there were no stains at that point. The photos at the end of the tenancy show significant staining in the lounge area.

[The landlord’s representative] also advises that there was a build up of rubbish in the courtyard area which meant that the space had to be water blasted.

The landlord has also claimed compensation for having to remove and dump their couch which they have proven was damaged by the tenant.

The amounts ordered are proven in evidence and considered reasonable in the circumstances. I have reduced the carpet cleaning invoice slightly to reflect the ingoing inspection’s comments that there was some staining on the carpet at the commencement of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to replace the shower head that got broken between 7 and 29 November 2023. The photos show the head hanging loosely down from its holder.

To be successful in a claim for compensation, 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.

Given the nature of the break, I am satisfied that the tenant is liable for the small cost incurred in replacing the shower head. Inappropriate force must have been used on the shower head to have it break as it did. Accordingly, the order is made as sought.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I approve their application for suppression pursuant to section 95 of the RTA.

Claims and awards in Tenancy Tribunal application 4837172 — net $20,217.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$22,579.14	Rent arrears
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$172.50	Rubbish removal
Repairs: replace shower head	$57.50	Repairs: replace shower head
Cleaning: outdoor area where rubbish left	$138.00	Cleaning: outdoor area where rubbish left
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20,217.58
Total payable by Tenant to Landlord	$20,217.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Crystiane Lozano and Matheus Lozano must pay [The landlord/s] $20,217.58 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing represented by [The landlord’s representatives]. There was no appearance for the tenants.
As the application had been lodged more than two months after the tenancy ended, I had to be satisfied that the tenants had been made aware of the proceedings. The tenants had been served with the application by email address that was listed in the tenancy agreement as an address for service and used during the tenancy by the landlord. They had also been notified of the proceedings by text on the number provided by them on the tenancy agreement and used during the tenancy. [The landlord’s representative] has spoken with Ms Lozano and Mr Lozano’s father regarding these matters.
Accordingly, I am satisfied that the tenants were made aware of the proceedings and therefore pursuant to section 91B(2)(b) of the Residential Tenancies Act 1986 (RTA) I accept that substituted service has occurred. The hearing therefore continued in the absence of the tenants pursuant to section 92 of the RTA.
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 tenancy was for a fixed term, contracted to end on 6 January 2024. Sadly, the owner of the property passed away from illness in August 2023 and it was not until some time after his passing that it became apparent that the tenants had not been paying rent for some time. The tenants then vacated without discussion in November 2023.
A landlord of a fixed term tenancy is not required pursuant to the usual law of mitigation (as found in section 49 of the RTA) to apply to the Tribunal to end the tenancy earlier than contracted for. 1 I also accept the landlord’s reasoning for the late bringing of the claim.
The landlord has proven in evidence that the tenants owe the amount ordered in rent arrears.

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) RTA.
The landlord has established in evidence that the tenant did not leave the 1 See section 61(4) RTA premises reasonably clean and tidy and did not remove all rubbish. There were stains on the carpet and some rubbish was left. [The landlord’s representative] inspected the property at the commencement of the tenancy and advises there were no stains at that point. The photos at the end of the tenancy show significant staining in the lounge area.
[The landlord’s representative] also advises that there was a build up of rubbish in the courtyard area which meant that the space had to be water blasted.
The landlord has also claimed compensation for having to remove and dump their couch which they have proven was damaged by the tenant.
The amounts ordered are proven in evidence and considered reasonable in the circumstances. I have reduced the carpet cleaning invoice slightly to reflect the ingoing inspection’s comments that there was some staining on the carpet at the commencement of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to replace the shower head that got broken between 7 and 29 November 2023. The photos show the head hanging loosely down from its holder.
To be successful in a claim for compensation, 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.
Given the nature of the break, I am satisfied that the tenant is liable for the small cost incurred in replacing the shower head. Inappropriate force must have been used on the shower head to have it break as it did. Accordingly, the order is made as sought.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I approve their application for suppression pursuant to section 95 of the RTA.

Tenancy Tribunal case 4837172 — Rent arrears at Unit/Flat A, 11 Hanson Street, Mount Cook, Wellington 6021

At a glance

Tenancy Tribunal case 4837172 — Rent arrears at Unit/Flat A, 11 Hanson Street, Mount Cook, Wellington 6021

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?

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?

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