How much money was awarded in case 4990948?

Cleaning: $346.47 awarded to landlord; Compensation: $1,920.00 awarded to landlord; Electricity Charges: $218.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removal Of Belongings And Rubbish: $240.00 awarded to landlord; Rent Arrears: $3,360.00 awarded to landlord; Water Rates: $14.84 awarded to landlord

What type of tenancy dispute was case 4990948?

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

Where can I read the official tribunal order for case 4990948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11133545-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4990948?

Cleaning: $346.47 awarded to landlord; Compensation: $1,920.00 awarded to landlord; Electricity Charges: $218.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removal Of Belongings And Rubbish: $240.00 awarded to landlord; Rent Arrears: $3,360.00 awarded to landlord; Water Rates: $14.84 awarded to landlord

What type of tenancy dispute was case 4990948?

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

Where can I read the official tribunal order for case 4990948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11133545-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4990948 — Rent arrears

Q: What was Tenancy Tribunal case 4990948 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4990948 — net $4,206.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.10.24	$3,360.00	Rent arrears to 1.10.24
Water rates	$14.84	Water rates
Electricity charges	$218.55	Electricity charges
Compensation	$1,920.00	Compensation
Cleaning	$346.47	Cleaning
Removal of belongings and rubbish	$240.00	Removal of belongings and rubbish
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,206.86
Total payable by Tenant to Landlord	$4,206.86

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

Anthony David Williamson must pay [The landlord/s] $4,206.86 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately. This order is made on the understanding that the bond has not yet been paid to the landlord following the Tribunal order dated 1 October 2024. If the bond has already been paid to the landlord, this clause will no longer apply.

This order incorporates the Tribunal order made on 1 October 2024 under application 4990948.

All other claims are dismissed.

Reasons

Only the landlord attended the hearing. The tenant was notified but did not appear.

This tenancy began on 25 June 2024, and was for a fixed term, due to end on 23 June 2025. The rent is $480.00 per week and a bond of $1,920.00 was paid. The landlord applied for termination of the tenancy, rent arrears, outgoings, payment from the bond and compensation. The tenant has now left the premises. The landlord’s application for termination is on the basis of rent arrears.

The Tribunal issued an order on 1 October 2024 terminating the tenancy (on the basis of rent arrears) and granting possession to the landlord. Rent arrears, water rates and electricity charges were awarded to the landlord. The balance of the hearing was adjourned part-heard, to enable the landlord to provide evidence regarding the cleaning and rubbish removal costs. The remainder of the landlord’s claims were to be considered after this information was provided, including the filing fee.

In terms of the other claims, this was noted in the earlier order that:

The landlord seeks compensation of $1,920.00, equivalent to 4 weeks rent, for early termination of the tenancy.

The landlord also seeks cleaning and rubbish removal costs, although some of these costs have not yet been incurred, as the tenant’s belongings remain in the premises. The landlord agrees to provide evidence of the costs incurred for cleaning and rubbish removal once the work is completed.

Compensation is also claimed for breaches by the tenant of his obligations. The landlord states the tenant put them and their house in danger by leaving appliances running. They also state the tenant was smoking inside the premises, in breach of the tenancy agreement, and removed the smoke alarm batteries.

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.

The landlord claims cleaning and rubbish removal costs. The landlord has provided photographic evidence in support which establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has also provided evidence to show that the tenant’s belongings were given to the tenant’s father, who has provided signed confirmation of receiving them.

The landlord claims $240.00, being the labour costs for packing the tenant’s belongings, and removing the rubbish, which are considered reasonable. The landlord no longer seeks the cost of hiring a skip bin, since the tenant’s father collected the belongings.

The landlord undertook the cleaning themselves, and their cleaning claim is based on a quote of $346.47 for this work. Again, in view of the condition of the premises at the end of the tenancy, this cost is also reasonable.

The amounts ordered above are proved. Compensation for additional rent beyond the termination date

The landlord seeks compensation of $1,920.00, equivalent to four weeks rent, for early termination of the tenancy. The landlord states the basis is compensation for the tenant’s failure to give 28 days notice in writing for early termination.

Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 1 This means that a tenant cannot unilaterally break this obligation, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal.

Where a fixed term tenancy is abandoned, section 61(3)(b) of the Residential Tenancies Act 1986 (the RTA) allows the landlord to claim rent after the termination date. However, where a landlord applies to terminate for rent arrears, there is no statutory equivalent to section 61(3)(b) entitling the landlord to claim rent after the termination date. 2 Although there is no statutory entitlement to claim rent after the termination date, the Tribunal may be able to award compensation for loss of rent in appropriate circumstances. 3 1 Residential Tenancy Law in New Zealand S. Benson, at 3.3 2 See Oxygen.co.nz v Mundy & Cole [2020] NZTT 4225671 3 As noted in the above Tribunal order

In this case, the landlord applied for termination of the tenancy for rent arrears, rather than for abandonment. The tenant fell behind in paying rent. Later, on 26 August 2024, the landlord was informed by police that the tenant would not be able to return to the premises, due to criminal proceedings. The tenant did not notify the landlord that he could no longer live at the premises, so this is not a situation where the tenant had made it clear that he wanted to end the fixed term tenancy early. However, as the landlord’s rent summary shows, rent was in arrears.

Overall, I find that, in the circumstances, it is appropriate for the landlord to be compensated for loss of rent, and it is reasonable to award the equivalent of 4 weeks rent in compensation. Other claims

I find that the landlord’s claim regarding alleged breaches by the tenant of his obligations (relating to appliances being left switched on and smoking) have not been established with sufficient evidence. The actual loss to the landlord arising from these alleged breaches is unclear. Therefore, this claim is dismissed.

In terms of the removal of the smoke alarm batteries, I note the photograph provided. However, in the absence of more detailed evidence regarding the placement of the smoke alarms, and the presence of batteries in them at the start of the tenancy, this claim is dismissed. Name suppression and filing fee

An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.

The landlord’s request for the filing fee is awarded on the same basis.

Order

Claims and awards in Tenancy Tribunal application 4990948 — net $4,206.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.10.24	$3,360.00	Rent arrears to 1.10.24
Water rates	$14.84	Water rates
Electricity charges	$218.55	Electricity charges
Compensation	$1,920.00	Compensation
Cleaning	$346.47	Cleaning
Removal of belongings and rubbish	$240.00	Removal of belongings and rubbish
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,206.86
Total payable by Tenant to Landlord	$4,206.86

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

Anthony David Williamson must pay [The landlord/s] $4,206.86 immediately, calculated as shown in the table below.

This order incorporates the Tribunal order made on 1 October 2024 under application 4990948.

All other claims are dismissed.

Reasons

Only the landlord attended the hearing. The tenant was notified but did not appear.

In terms of the other claims, this was noted in the earlier order that:

The landlord seeks compensation of $1,920.00, equivalent to 4 weeks rent, for early termination of the tenancy.

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.

The amounts ordered above are proved. Compensation for additional rent beyond the termination date

The landlord’s request for the filing fee is awarded on the same basis.

Tenancy Tribunal case 4990948 — Rent arrears

At a glance

Tenancy Tribunal case 4990948 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions