What was Tenancy Tribunal case 4859220 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 4859220?

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 4859220?

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

Where can I read the official tribunal order for case 4859220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601477-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4859220 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 4859220?

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 4859220?

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

Where can I read the official tribunal order for case 4859220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601477-Tribunal_Order_Redacted.pdf.

21 Worcester Place, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4859220 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Georgina Marino to pay [The landlord/s] $1,981.82 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,981.82 Georgina Marino: $618.18
The application is dismissed.

Reasons

The landlord attended the hearing. There was no appearance for Ms Marino although I commenced the hearing late to allow for her running late. She did not appear at any time during the hearing.
As Ms Marino did not attend the hearing at the scheduled time or request an adjournment, I dismiss her claims for want of prosecution. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The parties had a fixed term tenancy that was due to end on 3 August 2024. On 12 April Ms Marino advised the landlord she was leaving early. Although not legally obliged to do so, the landlord accepted her notice to leave allowing her the statutory 28-day notice period. 1 They also voluntarily waived the break lease fee to assist her.
The landlord acted generously in response to Ms Marino’s wish to leave early. I am satisfied that the amount claimed in rent arrears is proven.

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 premises reasonably clean and tidy when she vacated. The kitchen and laundry in particular had not been cleaned and the carpets smelt of dog. Ms Marino had kept dogs in the property despite pets not being allowed by the tenancy agreement.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for other costs?

The landlord has established in evidence that during the tenancy Ms Marino moved around the cupboard doors in the kitchen without consent to do so. She was asked to reinstate them but did not. Accordingly, the landlord did and seeks reimbursement of the cost to do so. 1 Section 51(2B) RTA
A tenant is not entitled to make changes to a property without landlord consent which the landlord may not unreasonably withhold. If they do make changes, they are responsible for reinstating those.2 Ms Marino did not, accordingly I find it reasonable that she pay the landlord’s costs incurred in doing so.
I also approve the landlord’s application for reimbursement of the filing fee given they were successful in their claims.3 For the same reason I approve their application for suppression.4

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Georgina Marino to pay [The landlord/s] $1,981.82 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,981.82 Georgina Marino: $618.18
The application is dismissed.

Reasons

The landlord attended the hearing. There was no appearance for Ms Marino although I commenced the hearing late to allow for her running late. She did not appear at any time during the hearing.
As Ms Marino did not attend the hearing at the scheduled time or request an adjournment, I dismiss her claims for want of prosecution. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The parties had a fixed term tenancy that was due to end on 3 August 2024. On 12 April Ms Marino advised the landlord she was leaving early. Although not legally obliged to do so, the landlord accepted her notice to leave allowing her the statutory 28-day notice period. 1 They also voluntarily waived the break lease fee to assist her.
The landlord acted generously in response to Ms Marino’s wish to leave early. I am satisfied that the amount claimed in rent arrears is proven.

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 premises reasonably clean and tidy when she vacated. The kitchen and laundry in particular had not been cleaned and the carpets smelt of dog. Ms Marino had kept dogs in the property despite pets not being allowed by the tenancy agreement.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for other costs?

The landlord has established in evidence that during the tenancy Ms Marino moved around the cupboard doors in the kitchen without consent to do so. She was asked to reinstate them but did not. Accordingly, the landlord did and seeks reimbursement of the cost to do so. 1 Section 51(2B) RTA
A tenant is not entitled to make changes to a property without landlord consent which the landlord may not unreasonably withhold. If they do make changes, they are responsible for reinstating those.2 Ms Marino did not, accordingly I find it reasonable that she pay the landlord’s costs incurred in doing so.
I also approve the landlord’s application for reimbursement of the filing fee given they were successful in their claims.3 For the same reason I approve their application for suppression.4

Tenancy Tribunal case 4859220 — Rent arrears at 21 Worcester Place, Cannons Creek, Porirua 5024

Tenancy Tribunal case 4859220 — Rent arrears at 21 Worcester Place, Cannons Creek, Porirua 5024

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 other costs?

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 other costs?