What was Tenancy Tribunal case 4873760 about?

The tribunal order states: [The tenant/s] to pay Forsyth Property Management Limited As Agent For

How much money was awarded in case 4873760?

Early Termination Costs: $369.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $285.71 awarded to landlord

What type of tenancy dispute was case 4873760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4873760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10507724-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4873760 about?

The tribunal order states: [The tenant/s] to pay Forsyth Property Management Limited As Agent For

How much money was awarded in case 4873760?

Early Termination Costs: $369.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $285.71 awarded to landlord

What type of tenancy dispute was case 4873760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4873760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10507724-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 361 Madras Street, Christchurch Central, Tenancy Tribunal Case 4873760 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4873760 — net $675.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$285.71	Rent arrears
Early Termination Costs	$369.00	Early Termination Costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$675.15
Bond	$2,000.00
Total payable by Tenant to Landlord	$675.15

[The tenant/s] to pay Forsyth Property Management Limited As Agent For Masters Family Trust $675.15 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (6410722-003) immediately apportioned as follows: Forsyth Property Management Limited As Agent For Masters Family Trust: $675.15 [The tenant/s]: $1,324.85

The landlord’s other claims are dismissed.

Reasons

Both parties 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 was for a fixed term but ended early, by agreement between the parties. The tenant was liable for rent until a new tenancy started. The landlord provided rent records and details of the new tenancy, which prove the amount owing. The tenant accepted this aspect of the claim.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The standard is reasonably clean, it is not spotless, pristine or commercially clean.

Both parties provided photographs from the end of the tenancy. The photographs show the premises as being clean and tidy. The landlord also provided an invoice for cleaning and described the premises as “sticky”. The landlord has the onus of proving its claims.

The evidence does not establish that it is more likely than not that the tenant has breached its obligation to leave the premises reasonably clean and tidy. This aspect of the claim is dismissed.

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 claimed that a benchtop was damaged during the tenancy. The landlord provided a zoomed in photograph of damage on the edge of a benchtop and described it as being to the right of the sink.

The tenant said that was not aware of any damage on the benchtop. The tenant provided photographs of the full benchtop, including the edge, either side of the sink. There is no damage evident in the tenant’s photograph.

The landlord has not established that it is more likely than not that damage to the benchtop occurred this tenancy and is more than fair wear and tear. This aspect of the claim is dismissed. Early Termination Charges

The landlord claimed $369.00 for costs associated with an early release from the fixed term tenancy. See s44A RTA.

The tenant requested an early release from the tenancy and accepted that it would be responsible for the costs associated with that. The costs claimed by the landlord were clearly itemised and were at the lower end of the range of costs that come before the Tribunal in similar cases.

I award the landlord $369.00 as claimed.

As the landlord was partially successful, I also award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4873760 — net $675.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$285.71	Rent arrears
Early Termination Costs	$369.00	Early Termination Costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$675.15
Bond	$2,000.00
Total payable by Tenant to Landlord	$675.15

Order

[The tenant/s] to pay Forsyth Property Management Limited As Agent For Masters Family Trust $675.15 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6410722-003) immediately apportioned as follows: Forsyth Property Management Limited As Agent For Masters Family Trust: $675.15 [The tenant/s]: $1,324.85
The landlord’s other claims are dismissed.

Reasons

Both parties 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 was for a fixed term but ended early, by agreement between the parties. The tenant was liable for rent until a new tenancy started. The landlord provided rent records and details of the new tenancy, which prove the amount owing. The tenant accepted this aspect of the claim.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The standard is reasonably clean, it is not spotless, pristine or commercially clean.
Both parties provided photographs from the end of the tenancy. The photographs show the premises as being clean and tidy. The landlord also provided an invoice for cleaning and described the premises as “sticky”. The landlord has the onus of proving its claims.
The evidence does not establish that it is more likely than not that the tenant has breached its obligation to leave the premises reasonably clean and tidy. This aspect of the claim is dismissed.

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 claimed that a benchtop was damaged during the tenancy. The landlord provided a zoomed in photograph of damage on the edge of a benchtop and described it as being to the right of the sink.
The tenant said that was not aware of any damage on the benchtop. The tenant provided photographs of the full benchtop, including the edge, either side of the sink. There is no damage evident in the tenant’s photograph.
The landlord has not established that it is more likely than not that damage to the benchtop occurred this tenancy and is more than fair wear and tear. This aspect of the claim is dismissed. Early Termination Charges
The landlord claimed $369.00 for costs associated with an early release from the fixed term tenancy. See s44A RTA.
The tenant requested an early release from the tenancy and accepted that it would be responsible for the costs associated with that. The costs claimed by the landlord were clearly itemised and were at the lower end of the range of costs that come before the Tribunal in similar cases.
I award the landlord $369.00 as claimed.
As the landlord was partially successful, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4873760 — Rent arrears at Unit/Flat 5, 361 Madras Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4873760 — Rent arrears at Unit/Flat 5, 361 Madras Street, Christchurch Central,

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

Property management

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

Property management

Frequently asked questions