What was Tenancy Tribunal case 4840223 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 4840223?

Cleaning: $1,508.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting: $560.00 awarded to landlord; Rent Arrears: $4,640.00 awarded to landlord; Gouges In Wall - Bedroom: $105.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $200.00 awarded to landlord

What type of tenancy dispute was case 4840223?

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

Where can I read the official tribunal order for case 4840223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798412-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4840223 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 4840223?

Cleaning: $1,508.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting: $560.00 awarded to landlord; Rent Arrears: $4,640.00 awarded to landlord; Gouges In Wall - Bedroom: $105.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $200.00 awarded to landlord

What type of tenancy dispute was case 4840223?

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

Where can I read the official tribunal order for case 4840223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798412-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4840223 — Rent arrears

Reasons

Background

Claims and awards in Tenancy Tribunal application 4840223 — net $5,774.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$4,640.00	4. The landlord’s rent record establishes rent arrears of $4,640.00 to 21 February
Rubbish removal	$500.00	Rubbish removal
Cleaning	$1,508.63	7. I will award $200.00 for water use to the end of the tenancy.
Lawns and Garden work	$200.00	Lawns and Garden work
Painting	$560.00	Painting
Repairs: Gouges in wall - bedroom	$105.00	The claim for repairs is proven.
Water rates	$200.00	Water rates
Filing fee reimbursement	$20.44	20. On the evidence available to me, I will award one-third of the painting cost claimed.
Net award	$5,774.07
Total payable by Tenant to Landlord	$5,774.07

The tenancy began on 8 September 2023 and ended on 21 February 2024.

The landlord’s application seeks rent arrears, cleaning, rubbish removal, lawnmowing, painting, and repair costs.

The hearing took place in [Event location suppressed] on 5 September 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent arrears, water

The landlord’s rent record establishes rent arrears of $4,640.00 to 21 February 2024.

The claim seeks $331.12 for water use from the end of the last invoice period until the end of the tenancy. [The landlord’s representative] did not read the meter at the end of the tenancy. His claim is based on the tenant’s average daily water use per the previous invoices.

Tenants are liable to pay for water that they consume. Landlords must have a means to calculate the tenant’s actual water use, and cannot rely on estimates. However, if the landlord does not have an accurate measurement of the tenant’s actual water use, the Tenancy Tribunal can use its jurisdiction to determine claims “according to the substantial merits and justice of the case” 1 , and can hold the tenant liable for water based on a conservative ‘fair use’ assessment 2 .

I will award $200.00 for water use to the end of the tenancy. Cleaning, rubbish, lawns

Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy. 3

[The landlord’s representative] provided several photographs and short videos showing the condition of the premises at the end of the tenancy.

The premises were left in a very unclean and untidy state. The lawns were very overgrown. 1 Section 85(2) Residential Tenancies Act 1986 (“RTA”) 2 Geraghty v Raui [2019] NZDC 3813 3 Section 45(1)(e)(iii) RTA

The amounts claimed for cleaning, rubbish removal, and lawn mowing are proven, and are fair and reasonable having regard to the landlord’s photographs. Painting, repairs

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

[The landlord’s representative] said that the premises were freshly painted before the start of this tenancy.

He said that at the end of the tenancy there was damage and (in particular) writing on the walls that necessitated re-painting of all of the interior.

The photographs and videos show some impact damage to the walls in a bedroom) - scrapes, dents, etc.

The evidence does not show the writing on the walls.

The claim seeks $1,680.00 for painting and $105.00 for repair to the gouging on the walls.

The claim for repairs is proven.

I accept that it would have necessary to repaint the bedroom after the wall repairs.

On the evidence available to me, I will award one-third of the painting cost claimed. Filing fee, name suppression, bond

The landlord has been successful in these proceedings. The request for name suppression is granted. 4 The landlord is entitled to recover the filing fee for this application. 5

The bond will be released to the landlord. N Blake, 05 September 2024 4 Section 95A(1) RTA 5 Section 102(4) RTA

Claims and awards in Tenancy Tribunal application 4840223 — net $5,774.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$4,640.00	4. The landlord’s rent record establishes rent arrears of $4,640.00 to 21 February
Rubbish removal	$500.00	Rubbish removal
Cleaning	$1,508.63	7. I will award $200.00 for water use to the end of the tenancy.
Lawns and Garden work	$200.00	Lawns and Garden work
Painting	$560.00	Painting
Repairs: Gouges in wall - bedroom	$105.00	The claim for repairs is proven.
Water rates	$200.00	Water rates
Filing fee reimbursement	$20.44	20. On the evidence available to me, I will award one-third of the painting cost claimed.
Net award	$5,774.07
Total payable by Tenant to Landlord	$5,774.07

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

Background

The tenancy began on 8 September 2023 and ended on 21 February 2024.
The landlord’s application seeks rent arrears, cleaning, rubbish removal, lawnmowing, painting, and repair costs.
The hearing took place in [Event location suppressed] on 5 September 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent arrears, water
The landlord’s rent record establishes rent arrears of $4,640.00 to 21 February 2024.
The claim seeks $331.12 for water use from the end of the last invoice period until the end of the tenancy. [The landlord’s representative] did not read the meter at the end of the tenancy. His claim is based on the tenant’s average daily water use per the previous invoices.
Tenants are liable to pay for water that they consume. Landlords must have a means to calculate the tenant’s actual water use, and cannot rely on estimates. However, if the landlord does not have an accurate measurement of the tenant’s actual water use, the Tenancy Tribunal can use its jurisdiction to determine claims “according to the substantial merits and justice of the case” 1 , and can hold the tenant liable for water based on a conservative ‘fair use’ assessment 2 .
I will award $200.00 for water use to the end of the tenancy. Cleaning, rubbish, lawns
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy. 3
[The landlord’s representative] provided several photographs and short videos showing the condition of the premises at the end of the tenancy.
The premises were left in a very unclean and untidy state. The lawns were very overgrown. 1 Section 85(2) Residential Tenancies Act 1986 (“RTA”) 2 Geraghty v Raui [2019] NZDC 3813 3 Section 45(1)(e)(iii) RTA
The amounts claimed for cleaning, rubbish removal, and lawn mowing are proven, and are fair and reasonable having regard to the landlord’s photographs. Painting, repairs
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
[The landlord’s representative] said that the premises were freshly painted before the start of this tenancy.
He said that at the end of the tenancy there was damage and (in particular) writing on the walls that necessitated re-painting of all of the interior.
The photographs and videos show some impact damage to the walls in a bedroom) - scrapes, dents, etc.
The evidence does not show the writing on the walls.
The claim seeks $1,680.00 for painting and $105.00 for repair to the gouging on the walls.
The claim for repairs is proven.
I accept that it would have necessary to repaint the bedroom after the wall repairs.
On the evidence available to me, I will award one-third of the painting cost claimed. Filing fee, name suppression, bond
The landlord has been successful in these proceedings. The request for name suppression is granted. 4 The landlord is entitled to recover the filing fee for this application. 5
The bond will be released to the landlord. N Blake, 05 September 2024 4 Section 95A(1) RTA 5 Section 102(4) RTA

Tenancy Tribunal case 4840223 — Rent arrears

At a glance

Tenancy Tribunal case 4840223 — Rent arrears

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