What was Tenancy Tribunal case 4865420 about?

The tribunal order states: Jackson Murray Mcindoe Graham and Nathan Graham must pay [The

How much money was awarded in case 4865420?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,511.43 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 4865420?

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

Where can I read the official tribunal order for case 4865420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852675-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4865420 about?

The tribunal order states: Jackson Murray Mcindoe Graham and Nathan Graham must pay [The

How much money was awarded in case 4865420?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $632.50 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,511.43 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 4865420?

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

Where can I read the official tribunal order for case 4865420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852675-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4865420 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4865420 — net $1,474.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/4/2024	$1,511.43	Rent arrears to 19/4/2024
Carpet Cleaning	$250.00	Carpet Cleaning
Repairs to holes in walls	$632.50	Repairs to holes in walls
Rubbish removal	$460.00	Rubbish removal
Repairs to kitchen bench	$200.00	Repairs to kitchen bench
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,474.37
Total payable by Tenant to Landlord	$1,474.37

The landlord and one tenant attended the hearing.

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 19/4/2024.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

The tenant agreed with the 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 landlord claimed $1,101.70 compensation as follows: a. $641.70 carpet cleaning b. $460.00 rubbish removal

In support of the claim the landlord provided an entry inspection report of 18/4/2023, entry and exit photographs and invoices.

I am satisfied the carpet in the lounge needed cleaning due to staining from a dog and that the tenant did not remove all rubbish.

The tenant agreed with the claim for rubbish removal.

The amount claimed for carpet cleaning has been reduced to reflect only cleaning of the lounge carpet.

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 sought compensation of $1,598.50 as follows: a. $632.50 for repair to holes in walls b. $966.00 for repairs to a stainless steel kitchen bench

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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

I am satisfied damage was caused during the tenancy to walls and the kitchen bench. The damage is more than fair wear and tear.

Although the tenant accepted some damage to walls, he knew nothing about the damage to the kitchen bench.

An award has been made for the amount claimed for repair to the walls.

I have made a minimal award for the repair of the kitchen bench, after considering betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation.

I have taken into account the age, likely sixty years, and condition of the bench at the start of the tenancy and its likely useful lifespan.

As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.

Suppression is granted to the landlord pursuant to section 95A because they were substantially successful with the claim.

Claims and awards in Tenancy Tribunal application 4865420 — net $1,474.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/4/2024	$1,511.43	Rent arrears to 19/4/2024
Carpet Cleaning	$250.00	Carpet Cleaning
Repairs to holes in walls	$632.50	Repairs to holes in walls
Rubbish removal	$460.00	Rubbish removal
Repairs to kitchen bench	$200.00	Repairs to kitchen bench
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,474.37
Total payable by Tenant to Landlord	$1,474.37

Order

Jackson Murray Mcindoe Graham and Nathan Graham must pay [The landlord/s] $1,474.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord and one tenant attended the hearing.
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 19/4/2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant agreed with the 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 landlord claimed $1,101.70 compensation as follows: a. $641.70 carpet cleaning b. $460.00 rubbish removal
In support of the claim the landlord provided an entry inspection report of 18/4/2023, entry and exit photographs and invoices.
I am satisfied the carpet in the lounge needed cleaning due to staining from a dog and that the tenant did not remove all rubbish.
The tenant agreed with the claim for rubbish removal.
The amount claimed for carpet cleaning has been reduced to reflect only cleaning of the lounge carpet.

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 sought compensation of $1,598.50 as follows: a. $632.50 for repair to holes in walls b. $966.00 for repairs to a stainless steel kitchen bench
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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
I am satisfied damage was caused during the tenancy to walls and the kitchen bench. The damage is more than fair wear and tear.
Although the tenant accepted some damage to walls, he knew nothing about the damage to the kitchen bench.
An award has been made for the amount claimed for repair to the walls.
I have made a minimal award for the repair of the kitchen bench, after considering betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation.
I have taken into account the age, likely sixty years, and condition of the bench at the start of the tenancy and its likely useful lifespan.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the landlord pursuant to section 95A because they were substantially successful with the claim.

Tenancy Tribunal case 4865420 — Rent arrears

At a glance

Tenancy Tribunal case 4865420 — 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