What was the outcome of Tenancy Tribunal case 4929485?

The tribunal order states: Jesse Goodson must pay Property Brokers Limited as Agent for Nelleke Harbers

How much money was awarded in case 4929485?

Cleaning: $539.36 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $666.02 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Rubbish Removal: $860.29 awarded to landlord

What type of tenancy dispute was case 4929485?

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

Where can I read the official tribunal order for case 4929485?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10782300-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929485?

The tribunal order states: Jesse Goodson must pay Property Brokers Limited as Agent for Nelleke Harbers

How much money was awarded in case 4929485?

Cleaning: $539.36 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $666.02 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $450.00 awarded to landlord; Rubbish Removal: $860.29 awarded to landlord

What type of tenancy dispute was case 4929485?

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

Where can I read the official tribunal order for case 4929485?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10782300-Tenancy_Tribunal_Order.pdf.

42 Wynyard Crescent, Tamatea, Napier 4112 Tenancy Tribunal Case 4929485 — Property damage

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42 Wynyard Crescent, Tamatea, Napier 4112 Tenancy Tribunal Case 4929485 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929485 — net $1,312.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$450.00	Rent arrears
Cleaning	$539.36	Cleaning
Rubbish removal	$860.29	Rubbish removal
Lock/key replacement	$666.02	Lock/key replacement
Shower repair - insurance excess	$650.00	Shower repair - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,312.67
Total payable by Tenant to Landlord	$1,312.67

Claims and awards for application 4929485 — net $1,312.67 NZD. Verify on MoJ.

Rent arrears

Amount: $450.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $539.36
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $860.29
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $666.02
Awarded to: Landlord
Reason: Lock/key replacement

Shower repair - insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Shower repair - insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jesse Goodson must pay Property Brokers Limited as Agent for Nelleke Harbers and Matthew Parker-Bevin $1,312.67 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,880.00 (5025222-004) to Property Brokers Limited as Agent for Nelleke Harbers and Matthew Parker-Bevin immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by phone.
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 landlord gave the tenant a 90 day termination notice ending the tenancy on 1 July 2024, as the property was to be sold.
On 12 June 2024 the property manager found that the tenant had vacated and e-mailed him, “As per text conversation please see below the 90 days notice that were sent to you stating the 1 July 2024. If you wanted to leave the property earlier you would have needed to give Property Brokers notice that you were vacating. If you could please e-mail back and confirm you are happy for Property Brokers now to have possession of the property as you have vacated.”
The tenant responded, “Yes I agree for you to have access to the property and do what you need.”
The landlord retook possession of the premises and the locks were changed on 14 June 2024. The landlord had commercial cleaners clean the premises (at the tenant’s cost) on 23 June 2024.
The landlord claims rent through to 1 July 2024, the end of the notice period.
My finding is that the exchange between the parties on 12 June 2024 constituted an agreement that the tenancy would end then. End of the tenancy brings to an end the tenant’s liability for rent. Continuation of the tenancy beyond that date would be inconsistent with the landlord having had the locks changed, denying the tenant access to and occupation of the premises and with the landlord having retaken possession for its own purposes.
The landlord’s claim for rent arrears is accepted only for rent due to 12 June 2024.

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.
Exit inspection photographs provided by the landlord show that 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 amounts ordered are proved by invoices paid by the landlord.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Photographs provided by the landlord show damage to the shower lining. I am satisfied that the damage was caused during the tenancy and is more than fair wear and tear.
A quote provided shows that the repair cost is greater than the $650.00 excess on the landlord’s insurance. The tenant should compensate the landlord for that excess.
Because the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929485 — net $1,312.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$450.00	Rent arrears
Cleaning	$539.36	Cleaning
Rubbish removal	$860.29	Rubbish removal
Lock/key replacement	$666.02	Lock/key replacement
Shower repair - insurance excess	$650.00	Shower repair - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,312.67
Total payable by Tenant to Landlord	$1,312.67

Claims and awards for application 4929485 — net $1,312.67 NZD. Verify on MoJ.

Rent arrears

Amount: $450.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $539.36
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $860.29
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $666.02
Awarded to: Landlord
Reason: Lock/key replacement

Shower repair - insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Shower repair - insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jesse Goodson must pay Property Brokers Limited as Agent for Nelleke Harbers and Matthew Parker-Bevin $1,312.67 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,880.00 (5025222-004) to Property Brokers Limited as Agent for Nelleke Harbers and Matthew Parker-Bevin immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by phone.
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 landlord gave the tenant a 90 day termination notice ending the tenancy on 1 July 2024, as the property was to be sold.
On 12 June 2024 the property manager found that the tenant had vacated and e-mailed him, “As per text conversation please see below the 90 days notice that were sent to you stating the 1 July 2024. If you wanted to leave the property earlier you would have needed to give Property Brokers notice that you were vacating. If you could please e-mail back and confirm you are happy for Property Brokers now to have possession of the property as you have vacated.”
The tenant responded, “Yes I agree for you to have access to the property and do what you need.”
The landlord retook possession of the premises and the locks were changed on 14 June 2024. The landlord had commercial cleaners clean the premises (at the tenant’s cost) on 23 June 2024.
The landlord claims rent through to 1 July 2024, the end of the notice period.
My finding is that the exchange between the parties on 12 June 2024 constituted an agreement that the tenancy would end then. End of the tenancy brings to an end the tenant’s liability for rent. Continuation of the tenancy beyond that date would be inconsistent with the landlord having had the locks changed, denying the tenant access to and occupation of the premises and with the landlord having retaken possession for its own purposes.
The landlord’s claim for rent arrears is accepted only for rent due to 12 June 2024.

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.
Exit inspection photographs provided by the landlord show that 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 amounts ordered are proved by invoices paid by the landlord.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Photographs provided by the landlord show damage to the shower lining. I am satisfied that the damage was caused during the tenancy and is more than fair wear and tear.
A quote provided shows that the repair cost is greater than the $650.00 excess on the landlord’s insurance. The tenant should compensate the landlord for that excess.
Because the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4929485 — Property damage at 42 Wynyard Crescent, Tamatea, Napier 4112

At a glance

Tenancy Tribunal case 4929485 — Property damage at 42 Wynyard Crescent, Tamatea, Napier 4112

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