What was Tenancy Tribunal case 4839084 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 4839084?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4839084?

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

Where can I read the official tribunal order for case 4839084?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459061-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839084 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 4839084?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4839084?

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

Where can I read the official tribunal order for case 4839084?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459061-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4839084 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Clayton Harimate Piripi and Alannah Faye Jones must pay the landlord $1,229.01 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to termination$803.57 Filing fee reimbursement$20.44 Rubbish removal: 2 hrs at $60/hr$120.00 Window latch and door handle labour$180.00 Repairs: Materials estimate$45.00 Cleaning$60.00 Total payable by Tenant to Landlord$1,229.01

Reasons

Alannah Jones did not attend the hearing.
Alannah had written to the Tribunal stating that she should not be named in the tenancy application. She said she had left the tenancy early. However Alannah was in a fixed term tenancy and her obligations continued until the tenancy came to an end or the fixed term concluded (whichever came first). In this case the landlord allowed a reduction in the fixed term. Alannah is therefore party to the landlord’s claim and liable along with Clayton for arrears and compensation. If either tenant believes the one owes money to the other, they can lodge a claim in the Disputes Tribunal.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
I am satisfied from the photos provided by the landlord that the premises was left reasonably clean in most areas. There were a few areas that needed some cleaning to make them reasonably clean. The invoice presented appears to be to be for considerably more cleaning than to make the premises reasonably clean. I have all owed an hour of cleaning at $60.00 per hour.
The tenant did not remove all rubbish. The charge out rate by the landlord for that work is excessive. I have allowed 2 hours for rubbish removal at $60.00 per hour.

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.
The landlord’s claim for damage to the shower door is dismissed. There is insufficient evidence to prove that the tenant damaged the door. The door can be out of alignment from age, wear and tear.
No invoices were provided for materials regarding the repair of the window latch and the door handle. The amount ordered is for a lower estimate. The time ordered for this work, including travel for parts, is 3 hours at $60.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee
Because the landlord has been successful with the claim the filing fee of $20.44 is ordered to be paid by the tenant. Suppression
The landlord has requested name suppression. Name suppression is granted because the landlord has been substantially successful with the claim. S95A(1).

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Clayton Harimate Piripi and Alannah Faye Jones must pay the landlord $1,229.01 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to termination$803.57 Filing fee reimbursement$20.44 Rubbish removal: 2 hrs at $60/hr$120.00 Window latch and door handle labour$180.00 Repairs: Materials estimate$45.00 Cleaning$60.00 Total payable by Tenant to Landlord$1,229.01

Reasons

Alannah Jones did not attend the hearing.
Alannah had written to the Tribunal stating that she should not be named in the tenancy application. She said she had left the tenancy early. However Alannah was in a fixed term tenancy and her obligations continued until the tenancy came to an end or the fixed term concluded (whichever came first). In this case the landlord allowed a reduction in the fixed term. Alannah is therefore party to the landlord’s claim and liable along with Clayton for arrears and compensation. If either tenant believes the one owes money to the other, they can lodge a claim in the Disputes Tribunal.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
I am satisfied from the photos provided by the landlord that the premises was left reasonably clean in most areas. There were a few areas that needed some cleaning to make them reasonably clean. The invoice presented appears to be to be for considerably more cleaning than to make the premises reasonably clean. I have all owed an hour of cleaning at $60.00 per hour.
The tenant did not remove all rubbish. The charge out rate by the landlord for that work is excessive. I have allowed 2 hours for rubbish removal at $60.00 per hour.

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.
The landlord’s claim for damage to the shower door is dismissed. There is insufficient evidence to prove that the tenant damaged the door. The door can be out of alignment from age, wear and tear.
No invoices were provided for materials regarding the repair of the window latch and the door handle. The amount ordered is for a lower estimate. The time ordered for this work, including travel for parts, is 3 hours at $60.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee
Because the landlord has been successful with the claim the filing fee of $20.44 is ordered to be paid by the tenant. Suppression
The landlord has requested name suppression. Name suppression is granted because the landlord has been substantially successful with the claim. S95A(1).

Tenancy Tribunal case 4839084 — Rent arrears

Tenancy Tribunal case 4839084 — Rent arrears

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?

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?