How much money was awarded in case 4849333?

Cleaning: $1,183.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $50.64 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $2,595.71 awarded to landlord; Replace Letterbox 66 Per Cent: $39.88 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Water Rates: $135.55 awarded to landlord

What type of tenancy dispute was case 4849333?

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

Where can I read the official tribunal order for case 4849333?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851462-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4849333?

Cleaning: $1,183.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $50.64 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $2,595.71 awarded to landlord; Replace Letterbox 66 Per Cent: $39.88 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Water Rates: $135.55 awarded to landlord

What type of tenancy dispute was case 4849333?

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

Where can I read the official tribunal order for case 4849333?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851462-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4849333 — Rent arrears

Q: What was Tenancy Tribunal case 4849333 about?

The tribunal order states: The landlords’ names and identifying details including the tenancy address must

Order

Claims and awards in Tenancy Tribunal application 4849333 — net $4,303.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$2,595.71	Rent arrears to 1 March 2024
Water rates	$135.55	Water rates
Cleaning	$1,183.35	Cleaning
Rubbish removal 60 percent	$828.00	Rubbish removal 60 percent
Light bulb replacement	$50.64	Light bulb replacement
Replace letterbox 66 per cent	$39.88	Replace letterbox 66 per cent
Insurance excess	$650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,303.57
Total payable by Tenant to Landlord	$4,303.57

The landlords’ names and identifying details including the tenancy address must not be published.

[The tenant] must pay Ray White Remuera Property Management Limited as agent for the landlords $4,303.57 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to Ray White Remuera Property Management Limited as agent for the landlords immediately. DescriptionLandlord Rent arrears to 1 March 2024$2,595.71 Water rates$135.55 Cleaning$1,183.35 Rubbish removal 60 percent$828.00 Light bulb replacement$50.64 Replace letterbox 66 per cent $39.88 Insurance excess$650.00 Filing fee reimbursement$20.44 Total award$5,503.57 Bond$1,200.00 Total payable by Tenant to Landlord$4,303.57

Reasons

The hearing was conducted on Microsoft Teams by video link.

Ling Gao, the property manager for the landlords’ agent, and the landlords attended.

The tenant attended for herself.

The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 March 2024. The landlord provided rent and water rates records proving the amounts owing at the end of the tenancy.

The tenant did not dispute the amounts.

An order is made as sought.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, remove their belongings and their rubbish, and return all keys and security devices. 1 Tenants must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all their belongings and rubbish.

The tenant does not dispute the cleaning invoice but maintains a lot of the items that were removed as rubbish were not hers’. I have viewed the photographs and heard submissions on whose rubbish was whose. I note the rubbish removal invoice includes labour. I consider the tenant is responsible for sixty per cent of the cost of the rubbish removal.

The tenant did not return the letterbox keys. The landlords had to replace the letterbox as a result. The tenant is ordered to pay the reduced amount of two- thirds’ of the cost of the replacement letterbox to account for depreciation.

The landlord had to replace light bulbs and has provided an invoice for the cost of purchasing the light bulbs.

The amounts ordered are proved. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the premises in respect to gouges in the wooden floor, a cracked toilet bowl, a stained heated towel rail, and a stained sink.

In a claim for tenant damage, the 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. 2

At the end of the tenancy, the tenant advertised her couch on Trade Me for free if picked up. Some people removed the couch but badly scratched the floor in the process of moving it. These people were on the premises with the tenant’s permission, so she is liable for their carelessness. The damage was covered by the landlord’s insurer, so the tenant need only reimburse the landlord for the excess of $650.00.

I accept the tenant’s evidence that the toilet bowl had a slight crack from the beginning of the tenancy. Therefore, it is not proven the damage occurred during the tenancy, although naturally the crack did get bigger over time.

I do not find it proved that the heated towel rail or the bathroom sink were damaged beyond fair wear and tear.

The landlords claim for reimbursement of the insurance excess for the damaged floors is allowed and the other claims are dismissed. Filing fee

The tenant must reimburse the landlord for the filing fee. Non-publication

The parties seek orders for non-publication of their names and identifying details. 2 RTA, ss 40(2)(a), 41, and 49B.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.

The parties have each substantially succeeded in the proceedings. The landlords succeeded in respect to many of the claims and the tenant successfully resisted a significant portion of the landlords’ claims.

I do not consider that publication is in the public interest of is justified by the parties’ conduct of any other circumstances.

Therefore, non-publication is allowed.

Claims and awards in Tenancy Tribunal application 4849333 — net $4,303.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$2,595.71	Rent arrears to 1 March 2024
Water rates	$135.55	Water rates
Cleaning	$1,183.35	Cleaning
Rubbish removal 60 percent	$828.00	Rubbish removal 60 percent
Light bulb replacement	$50.64	Light bulb replacement
Replace letterbox 66 per cent	$39.88	Replace letterbox 66 per cent
Insurance excess	$650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,303.57
Total payable by Tenant to Landlord	$4,303.57

Order

The landlords’ names and identifying details including the tenancy address must not be published.
[The tenant] must pay Ray White Remuera Property Management Limited as agent for the landlords $4,303.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to Ray White Remuera Property Management Limited as agent for the landlords immediately. DescriptionLandlord Rent arrears to 1 March 2024$2,595.71 Water rates$135.55 Cleaning$1,183.35 Rubbish removal 60 percent$828.00 Light bulb replacement$50.64 Replace letterbox 66 per cent $39.88 Insurance excess$650.00 Filing fee reimbursement$20.44 Total award$5,503.57 Bond$1,200.00 Total payable by Tenant to Landlord$4,303.57

Reasons

The hearing was conducted on Microsoft Teams by video link.
Ling Gao, the property manager for the landlords’ agent, and the landlords attended.
The tenant attended for herself.
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 March 2024. The landlord provided rent and water rates records proving the amounts owing at the end of the tenancy.
The tenant did not dispute the amounts.
An order is made as sought.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, remove their belongings and their rubbish, and return all keys and security devices. 1 Tenants must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all their belongings and rubbish.
The tenant does not dispute the cleaning invoice but maintains a lot of the items that were removed as rubbish were not hers’. I have viewed the photographs and heard submissions on whose rubbish was whose. I note the rubbish removal invoice includes labour. I consider the tenant is responsible for sixty per cent of the cost of the rubbish removal.
The tenant did not return the letterbox keys. The landlords had to replace the letterbox as a result. The tenant is ordered to pay the reduced amount of two- thirds’ of the cost of the replacement letterbox to account for depreciation.
The landlord had to replace light bulbs and has provided an invoice for the cost of purchasing the light bulbs.
The amounts ordered are proved. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the premises in respect to gouges in the wooden floor, a cracked toilet bowl, a stained heated towel rail, and a stained sink.
In a claim for tenant damage, the 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. 2
At the end of the tenancy, the tenant advertised her couch on Trade Me for free if picked up. Some people removed the couch but badly scratched the floor in the process of moving it. These people were on the premises with the tenant’s permission, so she is liable for their carelessness. The damage was covered by the landlord’s insurer, so the tenant need only reimburse the landlord for the excess of $650.00.
I accept the tenant’s evidence that the toilet bowl had a slight crack from the beginning of the tenancy. Therefore, it is not proven the damage occurred during the tenancy, although naturally the crack did get bigger over time.
I do not find it proved that the heated towel rail or the bathroom sink were damaged beyond fair wear and tear.
The landlords claim for reimbursement of the insurance excess for the damaged floors is allowed and the other claims are dismissed. Filing fee
The tenant must reimburse the landlord for the filing fee. Non-publication
The parties seek orders for non-publication of their names and identifying details. 2 RTA, ss 40(2)(a), 41, and 49B.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.
The parties have each substantially succeeded in the proceedings. The landlords succeeded in respect to many of the claims and the tenant successfully resisted a significant portion of the landlords’ claims.
I do not consider that publication is in the public interest of is justified by the parties’ conduct of any other circumstances.
Therefore, non-publication is allowed.

Tenancy Tribunal case 4849333 — Rent arrears

At a glance

Tenancy Tribunal case 4849333 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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