What was the outcome of Tenancy Tribunal case 4991489?

The tribunal order states: Blair Marsh must pay Alexander Bernard Giblin $1875.00 from the bond,

How much money was awarded in case 4991489?

Cleaning: $88.99 awarded to landlord; Cleaning: $330.56 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $328.45 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4991489?

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

Where can I read the official tribunal order for case 4991489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964591-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4991489?

The tribunal order states: Blair Marsh must pay Alexander Bernard Giblin $1875.00 from the bond,

How much money was awarded in case 4991489?

Cleaning: $88.99 awarded to landlord; Cleaning: $330.56 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $328.45 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4991489?

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

Where can I read the official tribunal order for case 4991489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964591-Tenancy_Tribunal_Order.pdf.

16 Jenner Road, Toi Toi, Nelson 7010 Tenancy Tribunal Case 4991489 — Rent arrears

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16 Jenner Road, Toi Toi, Nelson 7010 Tenancy Tribunal Case 4991489 — 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 4991489. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Window repairs	$328.45	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$330.56	Cleaning
Carpet Cleaning	$88.99	Carpet Cleaning
Bond	$1,875.00

Claims and awards for application 4991489. Verify on MoJ.

Rent arrears

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $328.45
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $330.56
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $88.99
Awarded to: Landlord
Reason: Carpet Cleaning

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Blair Marsh must pay Alexander Bernard Giblin $1875.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,875.00 (3642625-001) to Alexander Bernard Giblin immediately.

Reasons

The landlord attended the hearing. The tenant advised he would not be appearing but provided a written statement and evidence in advance. These were considered where appropriate.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord withdrew from this application the claims for rubbish and contents removal, carport damage, and the washing machine repair.

How much is owed for rent?

The tenancy ended on 18 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy and accounts for the two weeks rent in advance received.

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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy. The landlord cleaned the premises and the carpet. I am satisfied both were necessary. In fairness to the tenant, he had arranged a professional cleaner but confusion over access meant that did not occur. That avoided cost is balanced by the cleaning costs awarded here.
The amounts ordered are proved.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
A window in the front door was cracked and required replacing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice for $328.45 is awarded and supported by a photograph.
A prior broken window was replaced early in the tenancy and the landlord sought $231.74. The tenant provided messages that supported his position that they had agreed a 50/50 cost share at that time. I accept the landlord may have intended to only defer the payment, but the message appears to confirm the prior agreement about cost sharing. That means the request by the landlord for his 50% to be returned via this order is dismissed.
The amounts ordered are proved. Other matters
The tenant, in his written submission, raised issue with some actions of the landlord.
The more informal approach of the landlord is reflected in this order where he has capped his claims sought at only the bond amount, despite further landlord compensation available through WINZ Tenancy Cover provisions. This cap was the reason for the withdrawal of the other claims as recorded.
Section 85(2) RTA provides that the Tribunal shall determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Filing fee
Because Alexander Bernard Giblin has wholly succeeded with the claim I must reimburse the filing fee.

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 4991489. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,100.00	Rent arrears
Window repairs	$328.45	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$330.56	Cleaning
Carpet Cleaning	$88.99	Carpet Cleaning
Bond	$1,875.00

Claims and awards for application 4991489. Verify on MoJ.

Rent arrears

Amount: $1,100.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $328.45
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $330.56
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $88.99
Awarded to: Landlord
Reason: Carpet Cleaning

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Blair Marsh must pay Alexander Bernard Giblin $1875.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,875.00 (3642625-001) to Alexander Bernard Giblin immediately.

Reasons

The landlord attended the hearing. The tenant advised he would not be appearing but provided a written statement and evidence in advance. These were considered where appropriate.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord withdrew from this application the claims for rubbish and contents removal, carport damage, and the washing machine repair.

How much is owed for rent?

The tenancy ended on 18 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy and accounts for the two weeks rent in advance received.

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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy. The landlord cleaned the premises and the carpet. I am satisfied both were necessary. In fairness to the tenant, he had arranged a professional cleaner but confusion over access meant that did not occur. That avoided cost is balanced by the cleaning costs awarded here.
The amounts ordered are proved.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
A window in the front door was cracked and required replacing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice for $328.45 is awarded and supported by a photograph.
A prior broken window was replaced early in the tenancy and the landlord sought $231.74. The tenant provided messages that supported his position that they had agreed a 50/50 cost share at that time. I accept the landlord may have intended to only defer the payment, but the message appears to confirm the prior agreement about cost sharing. That means the request by the landlord for his 50% to be returned via this order is dismissed.
The amounts ordered are proved. Other matters
The tenant, in his written submission, raised issue with some actions of the landlord.
The more informal approach of the landlord is reflected in this order where he has capped his claims sought at only the bond amount, despite further landlord compensation available through WINZ Tenancy Cover provisions. This cap was the reason for the withdrawal of the other claims as recorded.
Section 85(2) RTA provides that the Tribunal shall determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Filing fee
Because Alexander Bernard Giblin has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4991489 — Rent arrears at 16 Jenner Road, Toi Toi, Nelson 7010

At a glance

Tenancy Tribunal case 4991489 — Rent arrears at 16 Jenner Road, Toi Toi, Nelson 7010

At a glance

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

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