What was Tenancy Tribunal case 4880702 about?

The tribunal order states: The Landlord's name and identifying details are suppressed.

How much money was awarded in case 4880702?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4880702?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4880702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920367-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4880702 about?

The tribunal order states: The Landlord's name and identifying details are suppressed.

How much money was awarded in case 4880702?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4880702?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4880702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920367-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4880702 — Rent arrears

Order

The Landlord's name and identifying details are suppressed.
The Bond Centre is to pay the bond of $1,700.00 to the landlord immediately.
The Tenant is to pay the Landlord $5,908.57 immediately, calculated as shown in the table below: DescriptionAmount ($) Rent arrears$4,360.00 Repair of windows (Landlord amended claim)$900.00 Carpet stain removal$280.00 Cleaning$1,000.00 Rubbish removal/storage (Landlord amended claim)$364.50 Lawns$240.00 Damaged furniture$60.00 Additional work$120.00 Filing fee$20.44 Total$7,608.57 DescriptionAmount ($) Less bond($1,700.00) Total payable by tenant$5,908.57

Reasons

The Landlord attended the hearing. The tenant did not attend.
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 6 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,000.00. This considers loss of income (rent) and rent in lieu of notice.
The rent summary provided includes dates of rent due, amounts paid, dates of payments, and notes on arrears. The evidence satisfies the Tribunal that the amount claimed is accurate.

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 leave all chattels provided for their benefit: s 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and detailed evidence of the condition of the premises at the end of the tenancy.
The landlord incurred costs for cleaning, rubbish removal/storage, lawn mowing, and additional work to return the property to a reasonable condition. The amounts claimed are reasonable and are awarded as follows:
1.Cleaning: The property required extensive cleaning due to accumulated dirt and neglect. The Landlord claims that its insurer covered some loss concerning the Tenant’s actions at the tenancy – what claims were covered exactly was not clear to me. However, the Landlord claimed $3,377.00 for the “balance of cleaning,” which translates to 12 full cleaning days ($35/hour). That this was the balance of cleaning required was astounding. I cannot say I had the evidence required to support such a claim. This is not a discussion I was required to have with the Landlord, however, who, without prompting, adjusted its claim to $1,000.00. This would mean it took one person approximately 28 hours to clean the premises at a rate of $35 per hour, totalling $1,000.00; or, notionally, two people half that time. Given the condition described and evidenced, this amount is reasonable and is awarded.
2.Rubbish Removal and Storage: The Tenant left behind personal items and rubbish that needed to be removed and stored. The Landlord initially claimed $714.50 but has adjusted the claim to $364.50, which accounts for collection, transport, and storage costs at $10 per day. This amount is reasonable and is awarded.
3.Lawn Mowing: The lawns were overgrown to knee height and required professional attention. The landlord provided evidence of the work done and the cost incurred of $240.00. This amount is reasonable, given the size of the section and extent of the overgrowth, and is awarded.
4.Additional Work: The Landlord carried out extra work to sort and stack the Tenant's property and remove large items left behind, such as an old freezer and couches. An invoice was provided showing a cost of $120.00. This amount is reasonable and is awarded.

Is the tenant responsible for damage to the premises?

The landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If established, the tenant must prove they did not carelessly or intentionally cause or permit the damage: s 40(2)(a), 41, and 49B Residential Tenancies Act 1986.
The landlord provided evidence of the following damages:
1.Broken Windows and Ranchslider: Two fixed windows and a ranchslider door window were broken during the tenancy. The Landlord provided invoices and adjusted the claim to account for depreciation and to give the Tenant the benefit of the doubt in certain instances.
2.First Event (Multiple Windows): Damaged by what appeared to be a chair blown into it during high winds. The landlord claims $400.00, which is less than the invoiced amount ($552.64), acknowledging potential external factors.
3.Second Window: A toughened glass window by the front, ranchslider door was broken. The Tenant could not explain how it happened. The Landlord found a fishing line with a sinker, and what appeared to be an empty munition casing, near the damage, suggesting deliberate damage. The Landlord claims $500.00, less than the invoiced amount ($610.99), again giving the tenant the benefit of the doubt.
4.The total for Window Repairs: $900.00. This amount is reasonable and is awarded.
Carpet Stain Removal: The carpets were heavily soiled and stained, indicating a lack of regular cleaning. Professional cleaning was necessary to restore them to a reasonable condition. The Landlord provided an invoice for $280.00, which is reasonable and is awarded.
Damaged Furniture: An ornate wooden drawer was damaged, with paint or ink stains requiring materials and labour to repair. The Landlord, being capable of performing the repairs, claims $60.00 for materials used to scrape the ink/paint out of the drawers, and a further $250.00 to restore the furniture completely, having received quotes for the restoration job, of which the cheapest was $450.00. The Landlord’s lower claim is reasonable and is awarded.
The damage exceeds normal wear and tear, and the tenant has not disproved liability. The amounts claimed are fair and consider depreciation and betterment. Filing fee and suppression
Because the landlord has wholly succeeded with the claim, the Tenant must reimburse the filing fee of $20.44. See section 102(4) Residential Tenancies Act 1986.
The Landlord's application for name suppression is granted as they have wholly succeeded. See section 95A Residential Tenancies Act 1986.

Order

The Landlord's name and identifying details are suppressed.
The Bond Centre is to pay the bond of $1,700.00 to the landlord immediately.
The Tenant is to pay the Landlord $5,908.57 immediately, calculated as shown in the table below: DescriptionAmount ($) Rent arrears$4,360.00 Repair of windows (Landlord amended claim)$900.00 Carpet stain removal$280.00 Cleaning$1,000.00 Rubbish removal/storage (Landlord amended claim)$364.50 Lawns$240.00 Damaged furniture$60.00 Additional work$120.00 Filing fee$20.44 Total$7,608.57 DescriptionAmount ($) Less bond($1,700.00) Total payable by tenant$5,908.57

Reasons

The Landlord attended the hearing. The tenant did not attend.
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 6 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,000.00. This considers loss of income (rent) and rent in lieu of notice.
The rent summary provided includes dates of rent due, amounts paid, dates of payments, and notes on arrears. The evidence satisfies the Tribunal that the amount claimed is accurate.

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 leave all chattels provided for their benefit: s 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and detailed evidence of the condition of the premises at the end of the tenancy.
The landlord incurred costs for cleaning, rubbish removal/storage, lawn mowing, and additional work to return the property to a reasonable condition. The amounts claimed are reasonable and are awarded as follows:
1.Cleaning: The property required extensive cleaning due to accumulated dirt and neglect. The Landlord claims that its insurer covered some loss concerning the Tenant’s actions at the tenancy – what claims were covered exactly was not clear to me. However, the Landlord claimed $3,377.00 for the “balance of cleaning,” which translates to 12 full cleaning days ($35/hour). That this was the balance of cleaning required was astounding. I cannot say I had the evidence required to support such a claim. This is not a discussion I was required to have with the Landlord, however, who, without prompting, adjusted its claim to $1,000.00. This would mean it took one person approximately 28 hours to clean the premises at a rate of $35 per hour, totalling $1,000.00; or, notionally, two people half that time. Given the condition described and evidenced, this amount is reasonable and is awarded.
2.Rubbish Removal and Storage: The Tenant left behind personal items and rubbish that needed to be removed and stored. The Landlord initially claimed $714.50 but has adjusted the claim to $364.50, which accounts for collection, transport, and storage costs at $10 per day. This amount is reasonable and is awarded.
3.Lawn Mowing: The lawns were overgrown to knee height and required professional attention. The landlord provided evidence of the work done and the cost incurred of $240.00. This amount is reasonable, given the size of the section and extent of the overgrowth, and is awarded.
4.Additional Work: The Landlord carried out extra work to sort and stack the Tenant's property and remove large items left behind, such as an old freezer and couches. An invoice was provided showing a cost of $120.00. This amount is reasonable and is awarded.

Is the tenant responsible for damage to the premises?

The landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If established, the tenant must prove they did not carelessly or intentionally cause or permit the damage: s 40(2)(a), 41, and 49B Residential Tenancies Act 1986.
The landlord provided evidence of the following damages:
1.Broken Windows and Ranchslider: Two fixed windows and a ranchslider door window were broken during the tenancy. The Landlord provided invoices and adjusted the claim to account for depreciation and to give the Tenant the benefit of the doubt in certain instances.
2.First Event (Multiple Windows): Damaged by what appeared to be a chair blown into it during high winds. The landlord claims $400.00, which is less than the invoiced amount ($552.64), acknowledging potential external factors.
3.Second Window: A toughened glass window by the front, ranchslider door was broken. The Tenant could not explain how it happened. The Landlord found a fishing line with a sinker, and what appeared to be an empty munition casing, near the damage, suggesting deliberate damage. The Landlord claims $500.00, less than the invoiced amount ($610.99), again giving the tenant the benefit of the doubt.
4.The total for Window Repairs: $900.00. This amount is reasonable and is awarded.
Carpet Stain Removal: The carpets were heavily soiled and stained, indicating a lack of regular cleaning. Professional cleaning was necessary to restore them to a reasonable condition. The Landlord provided an invoice for $280.00, which is reasonable and is awarded.
Damaged Furniture: An ornate wooden drawer was damaged, with paint or ink stains requiring materials and labour to repair. The Landlord, being capable of performing the repairs, claims $60.00 for materials used to scrape the ink/paint out of the drawers, and a further $250.00 to restore the furniture completely, having received quotes for the restoration job, of which the cheapest was $450.00. The Landlord’s lower claim is reasonable and is awarded.
The damage exceeds normal wear and tear, and the tenant has not disproved liability. The amounts claimed are fair and consider depreciation and betterment. Filing fee and suppression
Because the landlord has wholly succeeded with the claim, the Tenant must reimburse the filing fee of $20.44. See section 102(4) Residential Tenancies Act 1986.
The Landlord's application for name suppression is granted as they have wholly succeeded. See section 95A Residential Tenancies Act 1986.

Tenancy Tribunal case 4880702 — Rent arrears

At a glance

Tenancy Tribunal case 4880702 — Rent arrears

At a glance

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 damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

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 damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions