What was Tenancy Tribunal case 4872441 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4872441?

Cleaning: $310.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,001.81 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord; Rubbish Bag Removal: $133.75 awarded to landlord; Water Rates: $66.14 awarded to landlord

What type of tenancy dispute was case 4872441?

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

Where can I read the official tribunal order for case 4872441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10713606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4872441 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4872441?

Cleaning: $310.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,001.81 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord; Rubbish Bag Removal: $133.75 awarded to landlord; Water Rates: $66.14 awarded to landlord

What type of tenancy dispute was case 4872441?

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

Where can I read the official tribunal order for case 4872441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10713606-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4872441 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4872441 — net $2,452.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17 April 2024	$3,800.00		Rent arrears to 17 April 2024
Blind cleaning	$310.00		Blind cleaning
Rubbish bag removal	$133.75		Rubbish bag removal
Wall repairs	$1,001.81		Wall repairs
Water rates	$66.14		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond already paid to landlord		$2,880.00	Bond already paid to landlord
Total award	$5,332.14	$2,880.00
Net award	$2,452.14
Total payable by Tenant to Landlord	$2,452.14

The hearing was conducted on Microsoft Teams.

The landlord attended the hearing by video link.

The tenant did not attend. The Tribunal telephoned the tenant, but he did not answer. The hearing proceeded in the tenant’s absence.

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

How much is owed for rent and water rates?

The tenancy ended on 17 April 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 and remove all rubbish.

The tenant did not leave the premises reasonably clean and tidy and did not remove a large rubbish collection bag that was left outside the premises.

The landlord did much of the cleaning himself. He seeks reimbursement for professional blind cleaning. The blinds were newly installed at the beginning of the tenancy. The landlord tried put failed to clean them himself.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of repairing wall damage in two bedrooms and a hallway. The tenant had attempted repairs, but they were not to a professional standard, so the landlord had to have the repairs redone.

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.

The landlord had insurance over the premises but the excess on the policy was $2,000.00 so there would have been no advantage in making a claim.

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. Four weeks’ rent in this case is $3,000.00. The wall repairs cost less than the landlord’s excess or four weeks’ rent.

The wall damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. Filing fee

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

The landlord requests non-publication of his name and identifying details.

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 landlord has wholly succeeded in the proceedings. I do not consider that publication is in the public interest of is justified by the landlord’s conduct or any other circumstances.

Claims and awards in Tenancy Tribunal application 4872441 — net $2,452.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17 April 2024	$3,800.00		Rent arrears to 17 April 2024
Blind cleaning	$310.00		Blind cleaning
Rubbish bag removal	$133.75		Rubbish bag removal
Wall repairs	$1,001.81		Wall repairs
Water rates	$66.14		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond already paid to landlord		$2,880.00	Bond already paid to landlord
Total award	$5,332.14	$2,880.00
Net award	$2,452.14
Total payable by Tenant to Landlord	$2,452.14

Order

The landlord’s name and identifying details including the tenancy address must not be published.
Mark Liddington must pay [the landlord] $2,452.14 immediately, calculated as shown in table below.

Reasons

The hearing was conducted on Microsoft Teams.
The landlord attended the hearing by video link.
The tenant did not attend. The Tribunal telephoned the tenant, but he did not answer. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 April 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove a large rubbish collection bag that was left outside the premises.
The landlord did much of the cleaning himself. He seeks reimbursement for professional blind cleaning. The blinds were newly installed at the beginning of the tenancy. The landlord tried put failed to clean them himself.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of repairing wall damage in two bedrooms and a hallway. The tenant had attempted repairs, but they were not to a professional standard, so the landlord had to have the repairs redone.
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.
The landlord had insurance over the premises but the excess on the policy was $2,000.00 so there would have been no advantage in making a claim.
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. Four weeks’ rent in this case is $3,000.00. The wall repairs cost less than the landlord’s excess or four weeks’ rent.
The wall damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. Filing fee
The tenant must reimburse the landlord for the filing fee. Non-publication
The landlord requests non-publication of his name and identifying details.
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 landlord has wholly succeeded in the proceedings. I do not consider that publication is in the public interest of is justified by the landlord’s conduct or any other circumstances.

Tenancy Tribunal case 4872441 — Rent arrears

At a glance

Tenancy Tribunal case 4872441 — 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

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

Key findings

Frequently asked questions