What was Tenancy Tribunal case 4839885 about?

The tribunal order states: Chevani Heta must pay [The landlord/s] $1,743.98 immediately, calculated as

How much money was awarded in case 4839885?

Cleaning: $250.00 awarded to landlord; Rent Arrears: $2,647.00 awarded to landlord; Broken Glass Panels: $297.96 awarded to landlord; Carpet Tears: $300.00 awarded to landlord; Rubbish Removal: $384.75 awarded to landlord; Smoke Alarms: $244.27 awarded to landlord

What type of tenancy dispute was case 4839885?

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

Where can I read the official tribunal order for case 4839885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10305189-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839885 about?

The tribunal order states: Chevani Heta must pay [The landlord/s] $1,743.98 immediately, calculated as

How much money was awarded in case 4839885?

Cleaning: $250.00 awarded to landlord; Rent Arrears: $2,647.00 awarded to landlord; Broken Glass Panels: $297.96 awarded to landlord; Carpet Tears: $300.00 awarded to landlord; Rubbish Removal: $384.75 awarded to landlord; Smoke Alarms: $244.27 awarded to landlord

What type of tenancy dispute was case 4839885?

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

Where can I read the official tribunal order for case 4839885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10305189-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4839885 — Rent arrears

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New Zealand Tenancy Tribunal Case 4839885 — 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 4839885 — net $1,743.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,647.00	to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental arrears.
Repairs: carpet tears	$300.00	Repairs: carpet tears
Rubbish removal (GST deducted	$384.75	Rubbish removal (GST deducted
Repairs: broken glass panels	$297.96	Repairs: broken glass panels
Cleaning: 50% of claimed	$250.00	Cleaning: 50% of claimed
Replace smoke alarms & rehanging curtains (GST deducted	$244.27	Replace smoke alarms & rehanging curtains (GST deducted
Net award	$1,743.98
Total payable by Tenant to Landlord	$1,743.98

Claims and awards for application 4839885 — net $1,743.98 NZD. Verify on MoJ.

Rent arrears

Amount: $2,647.00
Awarded to: Landlord
Reason: to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental arrears.

Repairs: carpet tears

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: carpet tears

Rubbish removal (GST deducted

Amount: $384.75
Awarded to: Landlord
Reason: Rubbish removal (GST deducted

Repairs: broken glass panels

Amount: $297.96
Awarded to: Landlord
Reason: Repairs: broken glass panels

Cleaning: 50% of claimed

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning: 50% of claimed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal Replace Smoke Alarms

Order

Chevani Heta must pay [The landlord/s] $1,743.98 immediately, calculated as shown in table below.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not attend. I waited a reasonable period to allow for lateness, but when the tenant failed to arrive, I decided to continue with the hearing. I am satisfied that the notice of hearing was correctly served.
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 ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. I note that rent payments had been reasonably consistent throughout the tenancy, however, after the approximate date when the tenant gave notice payments stopped. The landlord followed up but had no response. I am satisfied that the landlord has taken reasonable steps to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has claimed $500 for cleaning. However, I note that the house was left largely in a reasonable state of cleanliness, comparable with its condition at the start of the tenancy, except for the kitchen. I consider that $500 for cleaning the whole tenancy is excessive. However the kitchen did require cleaning, therefore, I awards $250 in damages for cleaning of this area.
The landlord had to replace smoke alarms and rehang curtains, which had been removed from their tracks and left in cupboards and wardrobes. The landlord has claimed $244.27 plus GST. The cost is reasonable; however, I note that the work was carried out by a trading branch of the landlord property management company. This means that the cost, while reasonable, was an internal cost rather than a service to which GST is payable, therefore, I declined toward the GST component of the costs sought.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following items were found to be damaged when the landlord re-entered the premises; a. a broken glass panel in a sliding door which was replaced by an external contractor at cost of $297.96; and b. two large rips to carpets which occurred in different rooms, the landlord has claimed $300 towards the cost of replacing the carpets.
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. See section 49B(3)(a) RTA. The landlord’s excess is $750.
The damage is more than fair wear and tear.
The amounts ordered are proved. The $300 claimed for carpets was originally intended as carpet cleaning costs however upon re-entry it was discovered that the carpet was torn and needed replacing. The landlord has elected to only claim the costs of cleaning. Examining the pre-tenancy photos, I am satisfied that the damage occurred during the tenancy.
I have taken into account betterment and depreciation which does not arise due to the amounts claimed.
The landlord disposed of goods the tenant left at the premises at the end of the tenancy. These included chairs, bed bases and mattresses, a table, bedding, and kitchen items, amongst others.
The landlord was unable to contact the tenant.
The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord has disposed of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
The landlord has claimed $384.75 plus GST for the disposal of these household goods and general rubbish. The net amount claimed is reasonable, however, as above the contract to the carried out the work as a trading branch of the landlord’s property management company and no GST is payable.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

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 4839885 — net $1,743.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,647.00	to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental arrears.
Repairs: carpet tears	$300.00	Repairs: carpet tears
Rubbish removal (GST deducted	$384.75	Rubbish removal (GST deducted
Repairs: broken glass panels	$297.96	Repairs: broken glass panels
Cleaning: 50% of claimed	$250.00	Cleaning: 50% of claimed
Replace smoke alarms & rehanging curtains (GST deducted	$244.27	Replace smoke alarms & rehanging curtains (GST deducted
Net award	$1,743.98
Total payable by Tenant to Landlord	$1,743.98

Claims and awards for application 4839885 — net $1,743.98 NZD. Verify on MoJ.

Rent arrears

Amount: $2,647.00
Awarded to: Landlord
Reason: to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental arrears.

Repairs: carpet tears

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: carpet tears

Rubbish removal (GST deducted

Amount: $384.75
Awarded to: Landlord
Reason: Rubbish removal (GST deducted

Repairs: broken glass panels

Amount: $297.96
Awarded to: Landlord
Reason: Repairs: broken glass panels

Cleaning: 50% of claimed

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning: 50% of claimed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal Replace Smoke Alarms

Order

Chevani Heta must pay [The landlord/s] $1,743.98 immediately, calculated as shown in table below.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not attend. I waited a reasonable period to allow for lateness, but when the tenant failed to arrive, I decided to continue with the hearing. I am satisfied that the notice of hearing was correctly served.
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 ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. I note that rent payments had been reasonably consistent throughout the tenancy, however, after the approximate date when the tenant gave notice payments stopped. The landlord followed up but had no response. I am satisfied that the landlord has taken reasonable steps to mitigate excessive arrears from accruing. I order that the tenant is to pay $2647 as rental 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has claimed $500 for cleaning. However, I note that the house was left largely in a reasonable state of cleanliness, comparable with its condition at the start of the tenancy, except for the kitchen. I consider that $500 for cleaning the whole tenancy is excessive. However the kitchen did require cleaning, therefore, I awards $250 in damages for cleaning of this area.
The landlord had to replace smoke alarms and rehang curtains, which had been removed from their tracks and left in cupboards and wardrobes. The landlord has claimed $244.27 plus GST. The cost is reasonable; however, I note that the work was carried out by a trading branch of the landlord property management company. This means that the cost, while reasonable, was an internal cost rather than a service to which GST is payable, therefore, I declined toward the GST component of the costs sought.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following items were found to be damaged when the landlord re-entered the premises; a. a broken glass panel in a sliding door which was replaced by an external contractor at cost of $297.96; and b. two large rips to carpets which occurred in different rooms, the landlord has claimed $300 towards the cost of replacing the carpets.
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. See section 49B(3)(a) RTA. The landlord’s excess is $750.
The damage is more than fair wear and tear.
The amounts ordered are proved. The $300 claimed for carpets was originally intended as carpet cleaning costs however upon re-entry it was discovered that the carpet was torn and needed replacing. The landlord has elected to only claim the costs of cleaning. Examining the pre-tenancy photos, I am satisfied that the damage occurred during the tenancy.
I have taken into account betterment and depreciation which does not arise due to the amounts claimed.
The landlord disposed of goods the tenant left at the premises at the end of the tenancy. These included chairs, bed bases and mattresses, a table, bedding, and kitchen items, amongst others.
The landlord was unable to contact the tenant.
The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord has disposed of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
The landlord has claimed $384.75 plus GST for the disposal of these household goods and general rubbish. The net amount claimed is reasonable, however, as above the contract to the carried out the work as a trading branch of the landlord’s property management company and no GST is payable.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4839885 — Rent arrears

At a glance

Tenancy Tribunal case 4839885 — Rent arrears

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