What was Tenancy Tribunal case 4897980 about?

The tribunal order states: Paul Slagter must pay [The landlord/s] $4,221.97 immediately, calculated as

How much money was awarded in case 4897980?

Concrete Removal: $134.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,977.14 awarded to landlord; Trailer Hire: $90.00 awarded to landlord

What type of tenancy dispute was case 4897980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10597630-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897980 about?

The tribunal order states: Paul Slagter must pay [The landlord/s] $4,221.97 immediately, calculated as

How much money was awarded in case 4897980?

Concrete Removal: $134.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,977.14 awarded to landlord; Trailer Hire: $90.00 awarded to landlord

What type of tenancy dispute was case 4897980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10597630-Tribunal_Order_Redacted.pdf.

5A Errol Lane, Huntsbury, Christchurch 8022 Tenancy Tribunal Case 4897980 — Rent arrears

Claims and awards in Tenancy Tribunal application 4897980 — net $4,221.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$3,977.14	Rent arrears to 7 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Trailer hire	$90.00	Trailer hire
Concrete removal	$134.39	Concrete removal
Net award	$4,221.97
Total payable by Tenant to Landlord	$4,221.97

Order

Paul Slagter must pay [The landlord/s] $4,221.97 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities. Background
The tenancy began on 31 March 2021 and was a periodic tenancy.
The rent was $480.00 per week.
The tenancy ended on 7 June 2024 after the landlord gave written notice pursuant to section 51(2)(a) of the Residential Tenancies Act 1986 (RTA).
At the hearing, the tenant submitted that the property was not compliant with the Building Act 2004, council regulations or the Residential Tenancies (Healthy Homes Standards) Regulations 2019. The tenant did not file a cross-application in response to the landlord’s application raising these issues and I do not consider them in my decision.

How much is owed for rent?

The tenancy ended on 7 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $3,977.14. I find that the landlord has proven this claim and order the tenant to pay rent 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 their goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA. Carpet cleaning
The landlord claimed that the tenant left the carpet in a very dirty condition and that it smelt of marijuana and cigarettes. The landlord had the carpet professionally cleaned at a cost of $374.74.
The tenant disputed that they left the carpet in a dirty and smelly condition. They claimed that the carpet was in a very poor condition when the tenancy began and that it smelt heavily of urine from dogs which had been at the property during a previous tenancy. The tenant claimed that they had cleaned the carpet themself at the beginning of the tenancy to get rid of the smell.
The landlord did not complete a pre-inspection report or take photos of the property at the beginning of the tenancy. The landlord did not complete an exit inspection report or take photos of the property at the end of the tenancy either. This makes it difficult for the Tribunal to assess the state of the carpet at the beginning and end of the tenancy.
Considering the competing accounts about the state of the carpet and lack of any supporting evidence in the form of photos or inspection reports, I find that the landlord has not proven this claim. I dismiss the landlord’s application for compensation for carpet cleaning. Removal of car parts
Sections 62 and 62A of the RTA stipulates the way in which goods left by the tenant following the end of the tenancy must be dealt with by the landlord. Section 62(2) requires the landlord to make all reasonable efforts to contact the tenant and agree on a period within which the tenant is to collect the goods. If the landlord is unable to contact the tenant or the tenant fails to collect the goods within the agreed period, then the landlord must deal with the goods in accordance with section 62A RTA or secure them in safe storage and apply to the Tribunal for an order under section 62B RTA.
Under section 62A(1) RTA, the landlord must make all reasonable efforts to assess the market value of the goods. If the assessment indicates that the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit. If the assessment indicates that any of the goods have a value above the cost of storing, transporting and selling them, the landlord must secure those goods in safe storage for no less than 35 days from the date on which the landlord first took possession of those goods. Section 62A(5) stipulates the process to be followed if the goods remain unclaimed after 35 days.
The tenant accepted that they left car parts at the property at the end of the tenancy. The tenant claimed that they had an agreement with the landlord to remove the car parts on 4 July 2024. The landlord disputed this. The landlord claimed that they had tried to contact the tenant to pick up the car parts but had not been successful. The landlord advised the Tribunal that they did not believe the car parts to be worth very much. On 3 July 2024, the landlord hired a trailer for $90.00 and organised for the tenant’s brother to remove the car parts. The landlord provided a receipt for $90.00 to the Tribunal.
I find the landlord has proven this claim and order the tenant to pay compensation of $90.00 for the hire of the trailer. Removal of concrete bath
Section 42(1)(a) and (b) RTA prohibits the tenant from affixing any fixture to the premises or making any renovation, alteration, or addition to the premises unless in accordance with the tenancy agreement or with the prior written consent of the landlord.
The tenant accepted that they erected a concrete bath on the outside of the property during the tenancy without the prior written consent of the landlord. The bath was not removed at the end of the tenancy, which was problematic for the landlord who sought to place the property on the market for sale. The landlord organised for the concrete to be broken up and removed at a cost of $134.39. The landlord provided the Tribunal with a receipt.
I find that the tenant breached section 42(1)(a) and (b) of the RTA by erecting a concrete bath without the prior written consent of the landlord. I grant the landlord’s claim for compensation of $134.39 for removal of the concrete. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4897980 — net $4,221.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$3,977.14	Rent arrears to 7 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Trailer hire	$90.00	Trailer hire
Concrete removal	$134.39	Concrete removal
Net award	$4,221.97
Total payable by Tenant to Landlord	$4,221.97

Order

Paul Slagter must pay [The landlord/s] $4,221.97 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities. Background
The tenancy began on 31 March 2021 and was a periodic tenancy.
The rent was $480.00 per week.
The tenancy ended on 7 June 2024 after the landlord gave written notice pursuant to section 51(2)(a) of the Residential Tenancies Act 1986 (RTA).
At the hearing, the tenant submitted that the property was not compliant with the Building Act 2004, council regulations or the Residential Tenancies (Healthy Homes Standards) Regulations 2019. The tenant did not file a cross-application in response to the landlord’s application raising these issues and I do not consider them in my decision.

How much is owed for rent?

The tenancy ended on 7 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $3,977.14. I find that the landlord has proven this claim and order the tenant to pay rent 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 their goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA. Carpet cleaning
The landlord claimed that the tenant left the carpet in a very dirty condition and that it smelt of marijuana and cigarettes. The landlord had the carpet professionally cleaned at a cost of $374.74.
The tenant disputed that they left the carpet in a dirty and smelly condition. They claimed that the carpet was in a very poor condition when the tenancy began and that it smelt heavily of urine from dogs which had been at the property during a previous tenancy. The tenant claimed that they had cleaned the carpet themself at the beginning of the tenancy to get rid of the smell.
The landlord did not complete a pre-inspection report or take photos of the property at the beginning of the tenancy. The landlord did not complete an exit inspection report or take photos of the property at the end of the tenancy either. This makes it difficult for the Tribunal to assess the state of the carpet at the beginning and end of the tenancy.
Considering the competing accounts about the state of the carpet and lack of any supporting evidence in the form of photos or inspection reports, I find that the landlord has not proven this claim. I dismiss the landlord’s application for compensation for carpet cleaning. Removal of car parts
Sections 62 and 62A of the RTA stipulates the way in which goods left by the tenant following the end of the tenancy must be dealt with by the landlord. Section 62(2) requires the landlord to make all reasonable efforts to contact the tenant and agree on a period within which the tenant is to collect the goods. If the landlord is unable to contact the tenant or the tenant fails to collect the goods within the agreed period, then the landlord must deal with the goods in accordance with section 62A RTA or secure them in safe storage and apply to the Tribunal for an order under section 62B RTA.
Under section 62A(1) RTA, the landlord must make all reasonable efforts to assess the market value of the goods. If the assessment indicates that the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit. If the assessment indicates that any of the goods have a value above the cost of storing, transporting and selling them, the landlord must secure those goods in safe storage for no less than 35 days from the date on which the landlord first took possession of those goods. Section 62A(5) stipulates the process to be followed if the goods remain unclaimed after 35 days.
The tenant accepted that they left car parts at the property at the end of the tenancy. The tenant claimed that they had an agreement with the landlord to remove the car parts on 4 July 2024. The landlord disputed this. The landlord claimed that they had tried to contact the tenant to pick up the car parts but had not been successful. The landlord advised the Tribunal that they did not believe the car parts to be worth very much. On 3 July 2024, the landlord hired a trailer for $90.00 and organised for the tenant’s brother to remove the car parts. The landlord provided a receipt for $90.00 to the Tribunal.
I find the landlord has proven this claim and order the tenant to pay compensation of $90.00 for the hire of the trailer. Removal of concrete bath
Section 42(1)(a) and (b) RTA prohibits the tenant from affixing any fixture to the premises or making any renovation, alteration, or addition to the premises unless in accordance with the tenancy agreement or with the prior written consent of the landlord.
The tenant accepted that they erected a concrete bath on the outside of the property during the tenancy without the prior written consent of the landlord. The bath was not removed at the end of the tenancy, which was problematic for the landlord who sought to place the property on the market for sale. The landlord organised for the concrete to be broken up and removed at a cost of $134.39. The landlord provided the Tribunal with a receipt.
I find that the tenant breached section 42(1)(a) and (b) of the RTA by erecting a concrete bath without the prior written consent of the landlord. I grant the landlord’s claim for compensation of $134.39 for removal of the concrete. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4897980 — Rent arrears at 5A Errol Lane, Huntsbury, Christchurch 8022

At a glance

Tenancy Tribunal case 4897980 — Rent arrears at 5A Errol Lane, Huntsbury, Christchurch 8022

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions