What was Tenancy Tribunal case 4986969 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 4986969?

Cleaning: $50.00 awarded to landlord; Electrical Call-Out Fee: $64.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removing Hooks Etc And Patching And…: $346.31 awarded to landlord; Rent Arrears: $2,865.71 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4986969?

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

Where can I read the official tribunal order for case 4986969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11129367-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986969 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 4986969?

Cleaning: $50.00 awarded to landlord; Electrical Call-Out Fee: $64.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removing Hooks Etc And Patching And…: $346.31 awarded to landlord; Rent Arrears: $2,865.71 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4986969?

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

Where can I read the official tribunal order for case 4986969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11129367-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4986969 — Rent arrears

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New Zealand Tenancy Tribunal Case 4986969 — 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 4986969 — net $1,093.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2024	$2,865.71	Rent arrears to 11 September 2024
Electrical call-out fee	$64.40	Electrical call-out fee
Removing hooks etc and patching and painting walls	$346.31	Removing hooks etc and patching and painting walls
Rubbish removal and mowing berm	$100.00	Rubbish removal and mowing berm
Cleaning	$50.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,093.42
Total payable by Tenant to Landlord	$1,093.42

Claims and awards for application 4986969 — net $1,093.42 NZD. Verify on MoJ.

Rent arrears to 11 September 2024

Amount: $2,865.71
Awarded to: Landlord
Reason: Rent arrears to 11 September 2024

Electrical call-out fee

Amount: $64.40
Awarded to: Landlord
Reason: Electrical call-out fee

Removing hooks etc and patching and painting walls

Amount: $346.31
Awarded to: Landlord
Reason: Removing hooks etc and patching and painting walls

Rubbish removal and mowing berm

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal and mowing berm

Cleaning

Amount: $50.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to A1 Property Management Limited As Agent For Hofenk Family Trust immediately.
[The tenant/s] must pay A1 Property Management Limited As Agent For Hofenk Family Trust $1,093.42 immediately, calculated as shown in table below.

Reasons

The hearing was held by phone. Only the landlord attended the hearing, represented by Shaye Price.
Two calls were made to the tenant but both calls went to voicemail. I am satisfied that the tenant has been served with the landlord’s application and has been sent a notice of hearing. The hearing therefore proceeded in the tenant’s absence.
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 began on 26 April 2024 and was for a fixed term of one year. However on 12 August 2024 the tenant told the landlord that they were being harassed by a stalker and that they would be moving out the next day. There was lapse in communication from the tenant for a period of time but the parties ultimately agreed that the tenancy would end on 11 September 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant liable for the Electrical invoice?

The landlord explained that during the tenancy the tenant said that the plug for the washing machine/dryer did not work.
The landlord sent a contractor to check the plug only to find that the plug was working but was not turned on.
The landlord provided a copy of the electrical invoice, in the amount of $64.40, confirming the position.
I find that the tenant is responsible for the call out fee as this was not a maintenance issue.

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 cleaned the property but forgot to clean out a drawer, did not wipe marks from a door and did not clean mould from the bathroom ceiling. The landlord provided photos of these areas at the end of the tenancy.
In my view, because of these issues, the property fell just short of being reasonably clean and tidy. The landlord engaged a cleaner to rectify these issues and produced an invoice in the amount of $50.00 for the additional cleaning.
I consider that the amount claimed by the landlord is reasonable and so have ordered that the tenant pay the landlord $50.00 for compensation for cleaning.
The landlord also said that the tenant did not mow the berm, left some rubbish behind, that there were weeds amongst the bark in the garden and the bins needed cleaning.
I have reviewed the ingoing and outgoing inspection photos.
I do not consider that any compensation should be awarded for weeding and cleaning the bins because there are weeds visible in the ingoing inspection photo and the bins were not clean.
I do consider that the landlord is entitled to compensation for rubbish removal and mowing the berm. I estimate the portion of the invoice that relates to these items to be $100.00 and order compensation of this amount.

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 referred me to the outgoing inspection photos which show that the tenant had put up multiple hooks, screws, nails, command hooks etc in the lounge, hallway and master bedroom.
The landlord said that they had to engage a contractor to remove the hooks and plaster over the holes and that in some instances paint came away and those had to be sanded and painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord produced an invoice in the amount of $346.31 for removing pins, patching damaged areas and painting. I consider that this amount is reasonable in all the circumstances and that no deduction is required as the landlord has only repaired these small areas.
The amounts ordered are proved. Filing fee and name suppression
Because A1 Property Management Limited As Agent For Hofenk Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord did not seek name suppression. However as there are sensitive circumstances surrounding the tenant’s departure from the tenancy, I have suppressed the tenant’s name. The matters raised in this hearing are of a fairly minor nature and I do not consider that there is an overriding public interest in publication. There was no objection by the landlord.

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 4986969 — net $1,093.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2024	$2,865.71	Rent arrears to 11 September 2024
Electrical call-out fee	$64.40	Electrical call-out fee
Removing hooks etc and patching and painting walls	$346.31	Removing hooks etc and patching and painting walls
Rubbish removal and mowing berm	$100.00	Rubbish removal and mowing berm
Cleaning	$50.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,093.42
Total payable by Tenant to Landlord	$1,093.42

Claims and awards for application 4986969 — net $1,093.42 NZD. Verify on MoJ.

Rent arrears to 11 September 2024

Amount: $2,865.71
Awarded to: Landlord
Reason: Rent arrears to 11 September 2024

Electrical call-out fee

Amount: $64.40
Awarded to: Landlord
Reason: Electrical call-out fee

Removing hooks etc and patching and painting walls

Amount: $346.31
Awarded to: Landlord
Reason: Removing hooks etc and patching and painting walls

Rubbish removal and mowing berm

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal and mowing berm

Cleaning

Amount: $50.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to A1 Property Management Limited As Agent For Hofenk Family Trust immediately.
[The tenant/s] must pay A1 Property Management Limited As Agent For Hofenk Family Trust $1,093.42 immediately, calculated as shown in table below.

Reasons

The hearing was held by phone. Only the landlord attended the hearing, represented by Shaye Price.
Two calls were made to the tenant but both calls went to voicemail. I am satisfied that the tenant has been served with the landlord’s application and has been sent a notice of hearing. The hearing therefore proceeded in the tenant’s absence.
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 began on 26 April 2024 and was for a fixed term of one year. However on 12 August 2024 the tenant told the landlord that they were being harassed by a stalker and that they would be moving out the next day. There was lapse in communication from the tenant for a period of time but the parties ultimately agreed that the tenancy would end on 11 September 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant liable for the Electrical invoice?

The landlord explained that during the tenancy the tenant said that the plug for the washing machine/dryer did not work.
The landlord sent a contractor to check the plug only to find that the plug was working but was not turned on.
The landlord provided a copy of the electrical invoice, in the amount of $64.40, confirming the position.
I find that the tenant is responsible for the call out fee as this was not a maintenance issue.

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 cleaned the property but forgot to clean out a drawer, did not wipe marks from a door and did not clean mould from the bathroom ceiling. The landlord provided photos of these areas at the end of the tenancy.
In my view, because of these issues, the property fell just short of being reasonably clean and tidy. The landlord engaged a cleaner to rectify these issues and produced an invoice in the amount of $50.00 for the additional cleaning.
I consider that the amount claimed by the landlord is reasonable and so have ordered that the tenant pay the landlord $50.00 for compensation for cleaning.
The landlord also said that the tenant did not mow the berm, left some rubbish behind, that there were weeds amongst the bark in the garden and the bins needed cleaning.
I have reviewed the ingoing and outgoing inspection photos.
I do not consider that any compensation should be awarded for weeding and cleaning the bins because there are weeds visible in the ingoing inspection photo and the bins were not clean.
I do consider that the landlord is entitled to compensation for rubbish removal and mowing the berm. I estimate the portion of the invoice that relates to these items to be $100.00 and order compensation of this amount.

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 referred me to the outgoing inspection photos which show that the tenant had put up multiple hooks, screws, nails, command hooks etc in the lounge, hallway and master bedroom.
The landlord said that they had to engage a contractor to remove the hooks and plaster over the holes and that in some instances paint came away and those had to be sanded and painted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord produced an invoice in the amount of $346.31 for removing pins, patching damaged areas and painting. I consider that this amount is reasonable in all the circumstances and that no deduction is required as the landlord has only repaired these small areas.
The amounts ordered are proved. Filing fee and name suppression
Because A1 Property Management Limited As Agent For Hofenk Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord did not seek name suppression. However as there are sensitive circumstances surrounding the tenant’s departure from the tenancy, I have suppressed the tenant’s name. The matters raised in this hearing are of a fairly minor nature and I do not consider that there is an overriding public interest in publication. There was no objection by the landlord.

Tenancy Tribunal case 4986969 — Rent arrears

At a glance

Tenancy Tribunal case 4986969 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant liable for the Electrical invoice?

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?

Is the tenant liable for the Electrical invoice?

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