What was Tenancy Tribunal case 4912414 about?

The tribunal order states: Shane Hope must pay [The landlord/s] $2,052.83 immediately, calculated as

How much money was awarded in case 4912414?

Cleaning: $220.00 awarded to landlord; Cleaning: $764.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $76.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Rent Arrears: $592.14 awarded to landlord; Rubbish Removal: $471.50 awarded to landlord

What type of tenancy dispute was case 4912414?

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

Where can I read the official tribunal order for case 4912414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851288-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4912414 about?

The tribunal order states: Shane Hope must pay [The landlord/s] $2,052.83 immediately, calculated as

How much money was awarded in case 4912414?

Cleaning: $220.00 awarded to landlord; Cleaning: $764.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $76.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Rent Arrears: $592.14 awarded to landlord; Rubbish Removal: $471.50 awarded to landlord

What type of tenancy dispute was case 4912414?

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

Where can I read the official tribunal order for case 4912414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851288-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4912414 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4912414 — net $2,052.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$592.14	Rent arrears
Cleaning	$764.75	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Lock/key replacement	$180.00	Lock/key replacement
Lawns and Garden work	$76.00	Lawns and Garden work
Rubbish removal	$471.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,052.83
Total payable by Tenant to Landlord	$2,052.83

Shane Hope must pay [The landlord/s] $2,052.83 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$592.14 Cleaning$764.75 Carpet Cleaning$220.00 Lock/key replacement$180.00 Lawns and Garden work$76.00 Rubbish removal$471.50 Filing fee reimbursement$20.44 Total award$2,324.83 Bond$272.00 Total payable by Tenant to Landlord$2,052.83

The Bond Centre is to pay the bond of $272.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The landlord’s claim for repairs to a toilet is dismissed.

Reasons

A representative of the landlord attended the hearing.

The tenant did not attend. The Tribunal understands that the tenant is currently on remand at Christchurch Men’s Prison. A hearing scheduled in July was adjourned to allow him to make arrangements to attend by telephone.

The Tribunal has received correspondence from a lawyer advising that she acts for Mr Hope on other matters, but not this, but asking that he attend the Tribunal hearing in person. The Tribunal has not received any application for representation from the lawyer or Mr Hope.

It is for Mr Hope, not the Tribunal, to arrange for him to attend the hearing. The Tribunal has not received any communication from Christchurch Men’s Prison regarding this matter. In particular, the Prison has not provided a contact number for the Tribunal to call so that Mr Hope can participate in the hearing.

The landlord also advised that it had contacted Mr Hope’s housing support agency and asked whether it could assist him to make arrangements to attend the hearing.

I am satisfied that Mr Hope is aware of the hearing and that he has had adequate opportunity to make arrangements to attend by telephone.

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 by agreement on 15 May 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.

The landlord provided photographs of the property and invoices for the costs incurred. The amounts ordered are proved.

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 for the cost of repairing a toilet at the premises. The damage was caused by an intruder attempted to climb through the window. That person was not at the premises with Mr Hope’s permission, so the claim is dismissed.

As the landlord was substantially successful, I have awarded reimbursement of the Tribunal filing fee and granted its request for suppression of its details.

Claims and awards in Tenancy Tribunal application 4912414 — net $2,052.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$592.14	Rent arrears
Cleaning	$764.75	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Lock/key replacement	$180.00	Lock/key replacement
Lawns and Garden work	$76.00	Lawns and Garden work
Rubbish removal	$471.50	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,052.83
Total payable by Tenant to Landlord	$2,052.83

Order

Shane Hope must pay [The landlord/s] $2,052.83 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$592.14 Cleaning$764.75 Carpet Cleaning$220.00 Lock/key replacement$180.00 Lawns and Garden work$76.00 Rubbish removal$471.50 Filing fee reimbursement$20.44 Total award$2,324.83 Bond$272.00 Total payable by Tenant to Landlord$2,052.83
The Bond Centre is to pay the bond of $272.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord’s claim for repairs to a toilet is dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenant did not attend. The Tribunal understands that the tenant is currently on remand at Christchurch Men’s Prison. A hearing scheduled in July was adjourned to allow him to make arrangements to attend by telephone.
The Tribunal has received correspondence from a lawyer advising that she acts for Mr Hope on other matters, but not this, but asking that he attend the Tribunal hearing in person. The Tribunal has not received any application for representation from the lawyer or Mr Hope.
It is for Mr Hope, not the Tribunal, to arrange for him to attend the hearing. The Tribunal has not received any communication from Christchurch Men’s Prison regarding this matter. In particular, the Prison has not provided a contact number for the Tribunal to call so that Mr Hope can participate in the hearing.
The landlord also advised that it had contacted Mr Hope’s housing support agency and asked whether it could assist him to make arrangements to attend the hearing.
I am satisfied that Mr Hope is aware of the hearing and that he has had adequate opportunity to make arrangements to attend by telephone.
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 by agreement on 15 May 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
The landlord provided photographs of the property and invoices for the costs incurred. The amounts ordered are proved.

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 for the cost of repairing a toilet at the premises. The damage was caused by an intruder attempted to climb through the window. That person was not at the premises with Mr Hope’s permission, so the claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal filing fee and granted its request for suppression of its details.

Tenancy Tribunal case 4912414 — Cleanliness

At a glance

Tenancy Tribunal case 4912414 — Cleanliness

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

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

Frequently asked questions