What was the outcome of Tenancy Tribunal case 4948093?

The tribunal order states: Rory White must pay Barfoot & Thompson Limited As Agent For The Egg

How much money was awarded in case 4948093?

Cleaning: $130.50 awarded to landlord; Cleaning: $50.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $1,028.57 awarded to landlord; Water Rates: $477.40 awarded to landlord

What type of tenancy dispute was case 4948093?

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

Where can I read the official tribunal order for case 4948093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10855445-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4948093?

The tribunal order states: Rory White must pay Barfoot & Thompson Limited As Agent For The Egg

How much money was awarded in case 4948093?

Cleaning: $130.50 awarded to landlord; Cleaning: $50.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $1,028.57 awarded to landlord; Water Rates: $477.40 awarded to landlord

What type of tenancy dispute was case 4948093?

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

Where can I read the official tribunal order for case 4948093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10855445-Tenancy_Tribunal_Order.pdf.

29A Robert Burke Place, Henderson, Auckland 0612 Tenancy Tribunal Case 4948093 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4948093 — net $1,073.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2024	$1,028.57	Rent arrears to 9 July 2024
Water rates	$477.40	Water rates
Lock/key and garage remote replacement	$224.25	Lock/key and garage remote replacement
Cleaning	$50.00	Cleaning
Carpet Cleaning	$130.50	Carpet Cleaning
Eviction warrant	$258.00	Eviction warrant
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,073.30
Total payable by Tenant to Landlord	$1,073.30

Rory White must pay Barfoot & Thompson Limited As Agent For The Egg Property Limited $1,123.30 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,122.42 (6524406-001) to Barfoot & Thompson Limited As Agent For The Egg Property Limited immediately.

The landlord’s claim for compensation for carpet stain removal is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, 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.

How much is owed for rent and water rates?

The tenancy ended on 1 July 2024 by order of the Tribunal. The tenant did not vacate the premises until 9 July 2024. Where a tenant remains in occupation of the premises after the tenancy has been terminated, all obligations of the tenant continue as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises. See section 60(1) Residential Tenancies Act 1986 (RTA).

The landlord provided rent records, which prove the amount owing on 9 July 2024, namely $1,028.57.

The landlord provided water rates invoices, which prove the amount owing at the end of the tenancy, namely $477.40.

The landlord’s application for rent arrears and outstanding water rates is granted.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. General cleaning and carpet cleaning

The landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning of the tenancy show the property in a very clean and tidy condition. The landlord advised that the property had not previously been tenanted and was a new build. The photographs taken at the end of the tenancy show marks on the walls, and dirt and debris on the floor, including hair on the bathroom floor. The landlord also gave evidence that the tenant smoked in their bedroom and kept a small dog, which was prohibited under the tenancy agreement. As a result, the carpet in the tenant’s bedroom was very smelly.

Based on the photographs provided at the end of the tenancy and the landlord’s evidence about the smell of the carpet in the tenant’s bedroom, I find that the tenant did not leave the premises in a reasonably clean and tidy condition.

The landlord sought compensation of $414.00 for cleaning. The landlord provided an invoice from Centric Cleaning & Remediation, which recorded that six hours had been spent cleaning the property. The work undertaken was extensive and included cleaning all windows, skirting boards, cupboards and the oven. The landlord did not provide photographs of the windows, cupboards or oven. I have assessed the state of the property at the end of the tenancy using the photographs provided by the landlord. Based on these photographs, I do not consider that six hours of cleaning was required to bring the property to a reasonably clean and tidy condition. In my view, a maximum of one hour would have been required to remove the marks on the wall, vacuum and mop the floors. This would have brought the property to a reasonably clean and tidy state. Therefore, the landlord’s application for compensation for cleaning is granted for an adjusted amount of $50.00. I consider this amount to be reasonable and in line with the general hourly rate for cleaning that the Tribunal sees.

The landlord sought further compensation of $130.50 for cleaning and sanitising the carpet in the tenant’s bedroom. An invoice from Centric Cleaning & Remediation was provided to the Tribunal. I accept the landlord’s evidence that the tenant smoked and kept a small dog in their bedroom, and that this caused the carpet to smell. The landlord’s claim for compensation of $130.50 for carpet cleaning is granted. Lock/key and garage remote replacement

The tenant did not return the keys or garage remote at the end of the tenancy. The landlord provided an invoice from Bullshot NZ Ltd for $224.25 to replace these items. The landlord’s claim for compensation of $224.25 for lock/key and garage remote replacement is granted. Eviction warrant fee

Section 40(1)(e) RTA requires the tenant to quit the premises on the termination of the tenancy.

The tenancy was terminated by order of the Tribunal on 1 July 2024. The tenant did not quit the premises on this date and landlord had to apply for an eviction warrant. The landlord provided an invoice of $258.00. The landlord’s claim for compensation for this amount is granted.

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 the tenant damaged the carpet in their bedroom by staining it. The landlord sought compensation of $72.00 for stain removal.

The photographs submitted by the landlord do not show a stain on the carpet in the tenant’s bedroom. The landlord has not proven that the tenant damaged the carpet on the balance of probabilities. The landlord’s application for compensation of $72.00 is dismissed. Filing fee

Because Barfoot & Thompson Limited As Agent For The Egg Property Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4948093 — net $1,073.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2024	$1,028.57	Rent arrears to 9 July 2024
Water rates	$477.40	Water rates
Lock/key and garage remote replacement	$224.25	Lock/key and garage remote replacement
Cleaning	$50.00	Cleaning
Carpet Cleaning	$130.50	Carpet Cleaning
Eviction warrant	$258.00	Eviction warrant
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,073.30
Total payable by Tenant to Landlord	$1,073.30

Order

Rory White must pay Barfoot & Thompson Limited As Agent For The Egg Property Limited $1,123.30 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,122.42 (6524406-001) to Barfoot & Thompson Limited As Agent For The Egg Property Limited immediately.
The landlord’s claim for compensation for carpet stain removal is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, 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.

How much is owed for rent and water rates?

The tenancy ended on 1 July 2024 by order of the Tribunal. The tenant did not vacate the premises until 9 July 2024. Where a tenant remains in occupation of the premises after the tenancy has been terminated, all obligations of the tenant continue as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises. See section 60(1) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records, which prove the amount owing on 9 July 2024, namely $1,028.57.
The landlord provided water rates invoices, which prove the amount owing at the end of the tenancy, namely $477.40.
The landlord’s application for rent arrears and outstanding water rates is granted.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. General cleaning and carpet cleaning
The landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning of the tenancy show the property in a very clean and tidy condition. The landlord advised that the property had not previously been tenanted and was a new build. The photographs taken at the end of the tenancy show marks on the walls, and dirt and debris on the floor, including hair on the bathroom floor. The landlord also gave evidence that the tenant smoked in their bedroom and kept a small dog, which was prohibited under the tenancy agreement. As a result, the carpet in the tenant’s bedroom was very smelly.
Based on the photographs provided at the end of the tenancy and the landlord’s evidence about the smell of the carpet in the tenant’s bedroom, I find that the tenant did not leave the premises in a reasonably clean and tidy condition.
The landlord sought compensation of $414.00 for cleaning. The landlord provided an invoice from Centric Cleaning & Remediation, which recorded that six hours had been spent cleaning the property. The work undertaken was extensive and included cleaning all windows, skirting boards, cupboards and the oven. The landlord did not provide photographs of the windows, cupboards or oven. I have assessed the state of the property at the end of the tenancy using the photographs provided by the landlord. Based on these photographs, I do not consider that six hours of cleaning was required to bring the property to a reasonably clean and tidy condition. In my view, a maximum of one hour would have been required to remove the marks on the wall, vacuum and mop the floors. This would have brought the property to a reasonably clean and tidy state. Therefore, the landlord’s application for compensation for cleaning is granted for an adjusted amount of $50.00. I consider this amount to be reasonable and in line with the general hourly rate for cleaning that the Tribunal sees.
The landlord sought further compensation of $130.50 for cleaning and sanitising the carpet in the tenant’s bedroom. An invoice from Centric Cleaning & Remediation was provided to the Tribunal. I accept the landlord’s evidence that the tenant smoked and kept a small dog in their bedroom, and that this caused the carpet to smell. The landlord’s claim for compensation of $130.50 for carpet cleaning is granted. Lock/key and garage remote replacement
The tenant did not return the keys or garage remote at the end of the tenancy. The landlord provided an invoice from Bullshot NZ Ltd for $224.25 to replace these items. The landlord’s claim for compensation of $224.25 for lock/key and garage remote replacement is granted. Eviction warrant fee
Section 40(1)(e) RTA requires the tenant to quit the premises on the termination of the tenancy.
The tenancy was terminated by order of the Tribunal on 1 July 2024. The tenant did not quit the premises on this date and landlord had to apply for an eviction warrant. The landlord provided an invoice of $258.00. The landlord’s claim for compensation for this amount is granted.

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 the tenant damaged the carpet in their bedroom by staining it. The landlord sought compensation of $72.00 for stain removal.
The photographs submitted by the landlord do not show a stain on the carpet in the tenant’s bedroom. The landlord has not proven that the tenant damaged the carpet on the balance of probabilities. The landlord’s application for compensation of $72.00 is dismissed. Filing fee
Because Barfoot & Thompson Limited As Agent For The Egg Property Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4948093 — Rent arrears at 29A Robert Burke Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4948093 — Rent arrears at 29A Robert Burke Place, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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