What was the outcome of Tenancy Tribunal case 4879743?

The tribunal order states: Aputa Eparaima must pay Mackenzie Country Real Estate Limited $1,534.73

How much money was awarded in case 4879743?

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 4879743?

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

Where can I read the official tribunal order for case 4879743?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10834973-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879743?

The tribunal order states: Aputa Eparaima must pay Mackenzie Country Real Estate Limited $1,534.73

How much money was awarded in case 4879743?

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 4879743?

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

Where can I read the official tribunal order for case 4879743?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10834973-Tenancy_Tribunal_Order.pdf.

1 Penstock Place, Twizel, Twizel 7901 Tenancy Tribunal Case 4879743 — Rent arrears

Order

Aputa Eparaima must pay Mackenzie Country Real Estate Limited $1,534.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 25 March 2024)$3,064.29 Repairs: Insurance Excess - Oven$650.00 Filing fee reimbursement$20.44 Total award$3,734.73 Bond (already paid to landlord)$2,200.00 Total payable by Tenant to Landlord$1,534.73
Mackenzie Country Real Estate Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord has already received the bond and that amount is reflected in Order 1 above.

How much is owed for rent?

The tenancy ended on 25 March 2024. The landlord provided rent records which prove the amount 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, 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has the onus of proving its claims. The standard is reasonably clean. It is not commercially clean, pristine or to the standard that landlord may wish to present the property for re-letting or sale.
The landlord provided some photographs from the end of the tenancy and an un-itemised invoice for cleaning 3 months after the tenancy ended. The landlord said that some earlier cleaning was done by another company who did not charge for it.
The photographs did not establish that the premises were not left reasonably clean and tidy. Nor did the landlord establish that it suffered any loss because of a breach by the tenant. 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 an insurance excess for a replacement oven. The evidence established that the oven was damaged and needed to be replaced. The landlord provided photographs, a report from an electrician, evidence of the replacement cost and insurance details. This aspect of the claim is proved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord also claimed $1,000 for lawn and garden reinstatement and $180 for carpet stain removal. The evidence did not establish when the damage occurred. There were no in-going photographs of the carpet or the lawn and garden areas. The lawns and gardens have not been repaired, no cost has been incurred and no quote was provided. The landlord did not establish its claims in relation to carpet stain removal or lawn and garden work. Those claims are dismissed. Disposal of Goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Order

Aputa Eparaima must pay Mackenzie Country Real Estate Limited $1,534.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 25 March 2024)$3,064.29 Repairs: Insurance Excess - Oven$650.00 Filing fee reimbursement$20.44 Total award$3,734.73 Bond (already paid to landlord)$2,200.00 Total payable by Tenant to Landlord$1,534.73
Mackenzie Country Real Estate Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord has already received the bond and that amount is reflected in Order 1 above.

How much is owed for rent?

The tenancy ended on 25 March 2024. The landlord provided rent records which prove the amount 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, 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has the onus of proving its claims. The standard is reasonably clean. It is not commercially clean, pristine or to the standard that landlord may wish to present the property for re-letting or sale.
The landlord provided some photographs from the end of the tenancy and an un-itemised invoice for cleaning 3 months after the tenancy ended. The landlord said that some earlier cleaning was done by another company who did not charge for it.
The photographs did not establish that the premises were not left reasonably clean and tidy. Nor did the landlord establish that it suffered any loss because of a breach by the tenant. 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 an insurance excess for a replacement oven. The evidence established that the oven was damaged and needed to be replaced. The landlord provided photographs, a report from an electrician, evidence of the replacement cost and insurance details. This aspect of the claim is proved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord also claimed $1,000 for lawn and garden reinstatement and $180 for carpet stain removal. The evidence did not establish when the damage occurred. There were no in-going photographs of the carpet or the lawn and garden areas. The lawns and gardens have not been repaired, no cost has been incurred and no quote was provided. The landlord did not establish its claims in relation to carpet stain removal or lawn and garden work. Those claims are dismissed. Disposal of Goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Tenancy Tribunal case 4879743 — Rent arrears at 1 Penstock Place, Twizel, Twizel 7901

Tenancy Tribunal case 4879743 — Rent arrears at 1 Penstock Place, Twizel, Twizel 7901

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?

Property management

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?

Property management