How much money was awarded in case 5007028?

Cleaning: $180.00 awarded to landlord; Cleaning: $392.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Gardening: $69.00 awarded to landlord; Property Damage: $794.52 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $4,650.00 awarded to landlord

What type of tenancy dispute was case 5007028?

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

Where can I read the official tribunal order for case 5007028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135592-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5007028?

Cleaning: $180.00 awarded to landlord; Cleaning: $392.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Gardening: $69.00 awarded to landlord; Property Damage: $794.52 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $4,650.00 awarded to landlord

What type of tenancy dispute was case 5007028?

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

Where can I read the official tribunal order for case 5007028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5007028 — Rent arrears

Q: What was Tenancy Tribunal case 5007028 about?

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

Order

Claims and awards in Tenancy Tribunal application 5007028 — net $4,613.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2024	$4,650.00	Rent arrears to 7 October 2024
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$392.55	Cleaning
Plaster and paint all damaged walls	$794.52	Plaster and paint all damaged walls
Gardening	$69.00	Gardening
Excess on ranch slider replacement	$750.00	Excess on ranch slider replacement
Filing fee	$27.00	cause the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. Name Suppression
Net award	$4,613.07
Total payable by Tenant to Landlord	$4,613.07

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

Logan Marjoribanks must pay the landlords $4,613.07 immediately.

The Bond Centre is to pay the bond of $2,250.00 ([Bond number suppressed]) to the landlord immediately.

The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to 7 October 2024$4,650.00 Carpet Cleaning$180.00 Cleaning$392.55 Plaster and paint all damaged walls$794.52 Gardening$69.00 Excess on ranch slider replacement. Filing fee $750.00 $27.00 Total award$6,863.07 Bond$2,250.00 Total payable by Tenant to Landlord$4,613.07

Reasons

Only the landlord appeared for 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.

How much is owed for rent?

The tenancy was for a fixed term to 12 December 2024. The tenant gave notice and vacated in August 2024. Rent is claimed is to 7 October 2024. A new tenancy began on 10 October 2024. This was the earliest that a new tenancy could commence. The landlord provided rent records which prove the amount owing.

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.

In some areas the tenant did not leave the premises reasonably clean and tidy. The full amount claimed has not been ordered. In one claim there is insufficient evidence to prove the entirety of the claim. In another, the amount claimed is unreasonable. For example, the claim for cleaning does not show sufficient evidence to prove that eight hours of cleaning was necessary to make the property ‘reasonably clean’.

The landlord said that the carpet cleaning was because the tenant had a dog and there were stains and it needed deodorizing. $508.00 has been claimed for carpet cleaning. The premises is small. It is 102sqm including vinyl areas. No evidence was provided to show carpet stains. In the absence of better evidence, $180.00 compensation is ordered for carpet cleaning for this sized apartment.

The landlord’s claim originally included a markup by the property management company. That cannot be ordered because the involvement of a property management company is not required for rental agreements. It is the owner’s choice to use a property manager and therefore the owner pays the cost of using a property manager, not a tenant.

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 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 aluminium and glass on a ranchslider has been scratched by the tenant’s dog during the tenancy. I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The ranchslider has been viewed by a window company. The company assessed that the ranchslider frame cannot be repaired and would have to be replaced. The cost of that is $7,215.65 plus Gst. The landlord has claimed the owner’s insurance excess of $750.00 be paid by the tenant for the damage. I am satisfied that the work necessary to repair the door is far greater than the excess. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. Name Suppression

Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Claims and awards in Tenancy Tribunal application 5007028 — net $4,613.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 October 2024	$4,650.00	Rent arrears to 7 October 2024
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$392.55	Cleaning
Plaster and paint all damaged walls	$794.52	Plaster and paint all damaged walls
Gardening	$69.00	Gardening
Excess on ranch slider replacement	$750.00	Excess on ranch slider replacement
Filing fee	$27.00	cause the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. Name Suppression
Net award	$4,613.07
Total payable by Tenant to Landlord	$4,613.07

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Logan Marjoribanks must pay the landlords $4,613.07 immediately.
The Bond Centre is to pay the bond of $2,250.00 ([Bond number suppressed]) to the landlord immediately.
The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to 7 October 2024$4,650.00 Carpet Cleaning$180.00 Cleaning$392.55 Plaster and paint all damaged walls$794.52 Gardening$69.00 Excess on ranch slider replacement. Filing fee $750.00 $27.00 Total award$6,863.07 Bond$2,250.00 Total payable by Tenant to Landlord$4,613.07

Reasons

Only the landlord appeared for 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.

How much is owed for rent?

The tenancy was for a fixed term to 12 December 2024. The tenant gave notice and vacated in August 2024. Rent is claimed is to 7 October 2024. A new tenancy began on 10 October 2024. This was the earliest that a new tenancy could commence. The landlord provided rent records which prove the amount owing.

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.
In some areas the tenant did not leave the premises reasonably clean and tidy. The full amount claimed has not been ordered. In one claim there is insufficient evidence to prove the entirety of the claim. In another, the amount claimed is unreasonable. For example, the claim for cleaning does not show sufficient evidence to prove that eight hours of cleaning was necessary to make the property ‘reasonably clean’.
The landlord said that the carpet cleaning was because the tenant had a dog and there were stains and it needed deodorizing. $508.00 has been claimed for carpet cleaning. The premises is small. It is 102sqm including vinyl areas. No evidence was provided to show carpet stains. In the absence of better evidence, $180.00 compensation is ordered for carpet cleaning for this sized apartment.
The landlord’s claim originally included a markup by the property management company. That cannot be ordered because the involvement of a property management company is not required for rental agreements. It is the owner’s choice to use a property manager and therefore the owner pays the cost of using a property manager, not a tenant.
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 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 aluminium and glass on a ranchslider has been scratched by the tenant’s dog during the tenancy. I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The ranchslider has been viewed by a window company. The company assessed that the ranchslider frame cannot be repaired and would have to be replaced. The cost of that is $7,215.65 plus Gst. The landlord has claimed the owner’s insurance excess of $750.00 be paid by the tenant for the damage. I am satisfied that the work necessary to repair the door is far greater than the excess. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 5007028 — Rent arrears

At a glance

Tenancy Tribunal case 5007028 — Rent arrears

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