What was the outcome of Tenancy Tribunal case 5049568?

The tribunal order states: Emma Sicely must pay Online Rentals Limited as agent for Bayliss Properties

How much money was awarded in case 5049568?

Cleaning: $295.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Locksmith: $151.00 awarded to landlord; Rent Arrears: $1,574.29 awarded to landlord; Property Damage: $436.89 awarded to landlord; Rubbish Removal: $905.06 awarded to landlord; Water Rates: $130.18 awarded to landlord

What type of tenancy dispute was case 5049568?

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

Where can I read the official tribunal order for case 5049568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579592-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5049568?

The tribunal order states: Emma Sicely must pay Online Rentals Limited as agent for Bayliss Properties

How much money was awarded in case 5049568?

Cleaning: $295.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Locksmith: $151.00 awarded to landlord; Rent Arrears: $1,574.29 awarded to landlord; Property Damage: $436.89 awarded to landlord; Rubbish Removal: $905.06 awarded to landlord; Water Rates: $130.18 awarded to landlord

What type of tenancy dispute was case 5049568?

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

Where can I read the official tribunal order for case 5049568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579592-Tenancy_Tribunal_Order.pdf.

57 Frontier Road, Te Awamutu, RD 6, Te Awamutu 3876 Tenancy Tribunal Case 5049568 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5049568 — net $1,199.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 November 2024	$1,574.29	Rent arrears to 5 November 2024
Water rates to 15 October 2024	$130.18	Water rates to 15 October 2024
Repairs: Glass repair (two windows	$436.89	Repairs: Glass repair (two windows
Cleaning	$295.00	Cleaning
Rubbish removal	$905.06	Rubbish removal
Locksmith	$151.00	Locksmith
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,199.42
Total payable by Tenant to Landlord	$1,199.42

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 978.

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 and water rates?

The tenancy ended on 5 November 2024. The landlord provided rent and water rates records which prove the amounts owing for rent of $1,574.29 and water rates of $130.18 at the end 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence of both the cleaning that was required and the rubbish at the property at the end of the tenancy. Invoices have been provided of $295.00 for cleaning and $905.06 for rubbish removal.

The tenant also did not return the keys for the property and the landlord was required to engage a locksmith to replace the locks. The landlord has provided an invoice for this cost of $151.00.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

The landlord submits that there were two broken windows, one at the back door and another in bedroom one. These were not notified during the tenancy and were identified during the post tenancy inspection report. Photographs have been provided as evidence together with an invoice for repair of $436.49.

The following damage was caused during the tenancy: Two broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Online Rentals Limited as agent for Bayliss Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 March 2025

Claims and awards in Tenancy Tribunal application 5049568 — net $1,199.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 November 2024	$1,574.29	Rent arrears to 5 November 2024
Water rates to 15 October 2024	$130.18	Water rates to 15 October 2024
Repairs: Glass repair (two windows	$436.89	Repairs: Glass repair (two windows
Cleaning	$295.00	Cleaning
Rubbish removal	$905.06	Rubbish removal
Locksmith	$151.00	Locksmith
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,199.42
Total payable by Tenant to Landlord	$1,199.42

Order

Emma Sicely must pay Online Rentals Limited as agent for Bayliss Properties Ltd $1,199.42 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,320.00 (6180387-003) to Online Rentals Limited as agent for Bayliss Properties Ltd immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 978.
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 and water rates?

The tenancy ended on 5 November 2024. The landlord provided rent and water rates records which prove the amounts owing for rent of $1,574.29 and water rates of $130.18 at the end 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence of both the cleaning that was required and the rubbish at the property at the end of the tenancy. Invoices have been provided of $295.00 for cleaning and $905.06 for rubbish removal.
The tenant also did not return the keys for the property and the landlord was required to engage a locksmith to replace the locks. The landlord has provided an invoice for this cost of $151.00.
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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The landlord submits that there were two broken windows, one at the back door and another in bedroom one. These were not notified during the tenancy and were identified during the post tenancy inspection report. Photographs have been provided as evidence together with an invoice for repair of $436.49.
The following damage was caused during the tenancy: Two broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Online Rentals Limited as agent for Bayliss Properties Ltd has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 March 2025

Tenancy Tribunal case 5049568 — Rent arrears at 57 Frontier Road, Te Awamutu, RD 6, Te Awamutu 3876

At a glance

Tenancy Tribunal case 5049568 — Rent arrears at 57 Frontier Road, Te Awamutu, RD 6, Te Awamutu 3876

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Property management

Frequently asked questions