What was Tenancy Tribunal case 4939753 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939753?

Cleaning: $295.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Property Damage: $480.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $75.00 awarded to landlord; Rent Arrears: $2,710.17 awarded to landlord; Rubbish Removal: $520.00 awarded to landlord

What type of tenancy dispute was case 4939753?

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

Where can I read the official tribunal order for case 4939753?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017357-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939753 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939753?

Cleaning: $295.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Property Damage: $480.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Property Damage: $75.00 awarded to landlord; Rent Arrears: $2,710.17 awarded to landlord; Rubbish Removal: $520.00 awarded to landlord

What type of tenancy dispute was case 4939753?

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

Where can I read the official tribunal order for case 4939753?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017357-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 4, 3 Tralee Place, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4939753 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4939753 — net $2,720.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 August 2024	$2,710.17	Rent arrears to 23 August 2024
Rubbish removal	$520.00	Rubbish removal
Carpet Cleaning	$295.00	Carpet Cleaning
Carpet repair	$480.00	Carpet repair
Cleaning	$550.00	Cleaning
Wall repairs	$290.00	Wall repairs
Curtain replacement	$75.00	Curtain replacement
Net award	$2,720.00
Total payable by Tenant to Landlord	$2,720.00

The landlord attended the hearing which was held by videoconference. It was represented by [The landlord’s representative].

The tenants did not join the videoconference and were unable to be contacted by phone.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term from 3 June 2024 to 2 June 2025.

The tenants vacated in mid-July but as this is a fixed term tenancy they are responsible for the rent until a new tenancy was able to be arranged, which began on 23 August 2024.

The landlord provided rent records which prove the amount owing to that date.

The tenants agreed to release the bond to the landlord.

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.

End of tenancy photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

A large quantity of rubbish was left, including heavy and bulky items. Extensive cleaning was required to bring the premises to a reasonably clean and tidy condition.

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.

Photographs and oral evidence provided by the landlord satisfy me that during the tenancy the carpet was damaged by stains which were unable to be removed by cleaning and required patching.

Some curtains had been removed and required replacement.

There were marks and dents on walls that needed repair and repainting.

What compensation should be awarded?

The landlord is entitled to reasonable compensation for losses caused by the tenants’ breach. It is for the landlord to bring evidence to prove that loss.

The landlord also operates a property maintenance business. The only evidence of its loss is in the form of a self-generated invoice with no information provided as to the amount of any third party expenses, the time spent on each of the jobs included in the invoice, the hourly rate charged for the work or any other detail.

That being so, it is very difficult for the Tribunal to assess the extent of the actual loss caused to the landlord by the tenants’ breach.

After a lengthy discussion with [The landlord’s representative] about that difficulty, I am persuaded that the amounts claimed by the landlord as compensation are reasonable, having regard to the evidence showing the extent of the cleaning, rubbish removal and repair work required.

If the landlord continues a practice of relying only on its self-generated and undetailed invoices to prove loss, it runs the risk of having claims reduced or declined.

Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4939753 — net $2,720.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 August 2024	$2,710.17	Rent arrears to 23 August 2024
Rubbish removal	$520.00	Rubbish removal
Carpet Cleaning	$295.00	Carpet Cleaning
Carpet repair	$480.00	Carpet repair
Cleaning	$550.00	Cleaning
Wall repairs	$290.00	Wall repairs
Curtain replacement	$75.00	Curtain replacement
Net award	$2,720.00
Total payable by Tenant to Landlord	$2,720.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.

Reasons

The landlord attended the hearing which was held by videoconference. It was represented by [The landlord’s representative].
The tenants did not join the videoconference and were unable to be contacted by phone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term from 3 June 2024 to 2 June 2025.
The tenants vacated in mid-July but as this is a fixed term tenancy they are responsible for the rent until a new tenancy was able to be arranged, which began on 23 August 2024.
The landlord provided rent records which prove the amount owing to that date.
The tenants agreed to release the bond to the landlord.

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.
End of tenancy photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
A large quantity of rubbish was left, including heavy and bulky items. Extensive cleaning was required to bring the premises to a reasonably clean and tidy condition.

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.
Photographs and oral evidence provided by the landlord satisfy me that during the tenancy the carpet was damaged by stains which were unable to be removed by cleaning and required patching.
Some curtains had been removed and required replacement.
There were marks and dents on walls that needed repair and repainting.

What compensation should be awarded?

The landlord is entitled to reasonable compensation for losses caused by the tenants’ breach. It is for the landlord to bring evidence to prove that loss.
The landlord also operates a property maintenance business. The only evidence of its loss is in the form of a self-generated invoice with no information provided as to the amount of any third party expenses, the time spent on each of the jobs included in the invoice, the hourly rate charged for the work or any other detail.
That being so, it is very difficult for the Tribunal to assess the extent of the actual loss caused to the landlord by the tenants’ breach.
After a lengthy discussion with [The landlord’s representative] about that difficulty, I am persuaded that the amounts claimed by the landlord as compensation are reasonable, having regard to the evidence showing the extent of the cleaning, rubbish removal and repair work required.
If the landlord continues a practice of relying only on its self-generated and undetailed invoices to prove loss, it runs the risk of having claims reduced or declined.
Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4939753 — Rent arrears at Unit/Flat Flat 4, 3 Tralee Place, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4939753 — Rent arrears at Unit/Flat Flat 4, 3 Tralee Place, Hillcrest, Hamilton 3216

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?

What compensation should be awarded?

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?

What compensation should be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions