What was Tenancy Tribunal case 4962175 about?

The tribunal order states: [The tenant/s] must pay Bartley Real Estate Limited As Agent For Jaeme Stumpp

How much money was awarded in case 4962175?

Cleaning: $195.00 awarded to landlord; Rent Arrears: $1,975.67 awarded to landlord

What type of tenancy dispute was case 4962175?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4962175?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10924418-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4962175 about?

The tribunal order states: [The tenant/s] must pay Bartley Real Estate Limited As Agent For Jaeme Stumpp

How much money was awarded in case 4962175?

Cleaning: $195.00 awarded to landlord; Rent Arrears: $1,975.67 awarded to landlord

What type of tenancy dispute was case 4962175?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4962175?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10924418-Tribunal_Order_Redacted.pdf.

32 Turoa Road, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4962175 — Rent arrears

Tenantcheck Insights

32 Turoa Road, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4962175 — Rent arrears | 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 4962175 — net $130.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,975.67	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Net award	$130.67
Total payable by Tenant to Landlord	$130.67

Claims and awards for application 4962175 — net $130.67 NZD. Verify on MoJ.

Rent arrears

Amount: $1,975.67
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $195.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $130.67

Total payable by Tenant to Landlord

Landlord $130.67

Claim types — money lines allowed on this order

Carpet Cleaning Rent arrears

Order

[The tenant/s] must pay Bartley Real Estate Limited As Agent For Jaeme Stumpp Dylan Voljker $130.00 immediately, calculated as shown in table below.
The bond centre is ordered to pay the bond of $2,040.00 to Bartley Real Estate Limited as Agent for Jaeme Stumpp Dylan Voljker immediately.
The claims for insurance excesses and water damage are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The onus of proof is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 1 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1975.51. The tenant agreed with that amount.

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.
The property manager produced photographs showing stains on the carpet at the end of the tenancy. The tenant had agreed to pay for the carpets to be cleaned, and the landlord produced an invoice for $195.00. The tenant agreed at the hearing that she is liable for that amount.
The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There were two other matters that the owners sought compensation for. They claimed $650 for damage caused by a water leak and $2600 insurance excess for replacement carpet.
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.
The property managers explained that after the tenancy ended, the owners took over managing the property. The property managers had no photographs of the carpet after it had been professionally cleaned. They do not know if the carpet has been replaced.
The tenant did not accept that the carpet needed to be replaced.
The onus is on the landlord to establish that the tenant had damaged the carpet and needed to be replaced. In the absence of further evidence of the state of the carpet after it was cleaned, and how much the landlords have paid to remedy any damage the Tribunal is unable to determine whether the carpet was damaged and whether they should be compensated for that. Accordingly, this claim is dismissed.
The owners also seek $650 for repair of some damage caused by a leak in the hot water cupboard.
The property managers explained that during the tenancy they had been unaware of this issue. It was only at the end of the tenancy as a result of the exit inspection that they found water staining and mould in the cupboard.
The tenant said that she was unaware that there was any leak or damage in the cupboard. She said she did not really use it.
Under section 40(1)(d) a tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs. The landlord has not established that the tenant had discovered any damage. Accordingly, this claim is dismissed.
The Tribunal has made orders that the tenant must pay rent arrears and the cost of carpet cleaning. The tenant had always agreed to those two items, but disputed the other two, which totalled $3250. The landlord has not substantially succeeded and so I make no order for reimbursement of the filing fee.
The matters of the rent arrears and the carpet cleaning could have been agreed without the need to file proceedings or at mediation. In that case there would have been no public order. Therefore I have decided to suppress the tenant’s name.

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 4962175 — net $130.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,975.67	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Net award	$130.67
Total payable by Tenant to Landlord	$130.67

Claims and awards for application 4962175 — net $130.67 NZD. Verify on MoJ.

Rent arrears

Amount: $1,975.67
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $195.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $130.67

Total payable by Tenant to Landlord

Landlord $130.67

Claim types — money lines allowed on this order

Carpet Cleaning Rent arrears

Order

[The tenant/s] must pay Bartley Real Estate Limited As Agent For Jaeme Stumpp Dylan Voljker $130.00 immediately, calculated as shown in table below.
The bond centre is ordered to pay the bond of $2,040.00 to Bartley Real Estate Limited as Agent for Jaeme Stumpp Dylan Voljker immediately.
The claims for insurance excesses and water damage are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The onus of proof is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 1 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1975.51. The tenant agreed with that amount.

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.
The property manager produced photographs showing stains on the carpet at the end of the tenancy. The tenant had agreed to pay for the carpets to be cleaned, and the landlord produced an invoice for $195.00. The tenant agreed at the hearing that she is liable for that amount.
The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There were two other matters that the owners sought compensation for. They claimed $650 for damage caused by a water leak and $2600 insurance excess for replacement carpet.
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.
The property managers explained that after the tenancy ended, the owners took over managing the property. The property managers had no photographs of the carpet after it had been professionally cleaned. They do not know if the carpet has been replaced.
The tenant did not accept that the carpet needed to be replaced.
The onus is on the landlord to establish that the tenant had damaged the carpet and needed to be replaced. In the absence of further evidence of the state of the carpet after it was cleaned, and how much the landlords have paid to remedy any damage the Tribunal is unable to determine whether the carpet was damaged and whether they should be compensated for that. Accordingly, this claim is dismissed.
The owners also seek $650 for repair of some damage caused by a leak in the hot water cupboard.
The property managers explained that during the tenancy they had been unaware of this issue. It was only at the end of the tenancy as a result of the exit inspection that they found water staining and mould in the cupboard.
The tenant said that she was unaware that there was any leak or damage in the cupboard. She said she did not really use it.
Under section 40(1)(d) a tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs. The landlord has not established that the tenant had discovered any damage. Accordingly, this claim is dismissed.
The Tribunal has made orders that the tenant must pay rent arrears and the cost of carpet cleaning. The tenant had always agreed to those two items, but disputed the other two, which totalled $3250. The landlord has not substantially succeeded and so I make no order for reimbursement of the filing fee.
The matters of the rent arrears and the carpet cleaning could have been agreed without the need to file proceedings or at mediation. In that case there would have been no public order. Therefore I have decided to suppress the tenant’s name.

Tenancy Tribunal case 4962175 — Rent arrears at 32 Turoa Road, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 4962175 — Rent arrears at 32 Turoa Road, Whanganui East, Whanganui 4500

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