How much money was awarded in case 5062610?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $50.00 awarded to landlord; Excess For Lino: $550.00 awarded to landlord

What type of tenancy dispute was case 5062610?

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

Where can I read the official tribunal order for case 5062610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11360495-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5062610?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $50.00 awarded to landlord; Excess For Lino: $550.00 awarded to landlord

What type of tenancy dispute was case 5062610?

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

Where can I read the official tribunal order for case 5062610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11360495-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 29 Heywood Terrace, Richmond, Tenancy Tribunal Case 5062610 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5062610?

The tribunal order states: Caroline Clark to pay Whittle Knight Property Management Limited As Agent

Order

Claims and awards in Tenancy Tribunal application 5062610 — net $747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears one day 13 September	$50.00	Rent arrears one day 13 September
Cleaning	$120.00	Cleaning
Repairs: Excess for lino	$550.00	Repairs: Excess for lino
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$747.00
Bond	$1,400.00
Total payable by Tenant to Landlord	$747.00

Caroline Clark to pay Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth $747.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,400.00 (3324829-019) immediately apportioned as follows: Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth: $747.00 Caroline Clark: $653.00

Reasons

The landlord attended the hearing. The tenant was called twice, both calls went to answerphone. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation for cleaning and damage to the lino, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on Friday the 13 September 2024 after the tenant gave notice. The tenant’s rent week was from Friday to Thursday. When the tenancy ended the tenant owed rent for the last day being Friday the 13 September. The landlord provided rent records which prove the amount owing 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 landlord provided an inspection report and photographs taken on the day after the tenancy ended. The inspection report shows that there were areas of the property (such as the oven, cupboards flooring and walls) that were not left in a reasonably clean and tidy condition.

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.

I am satisfied that the staining to the lino in the kitchen was caused by the tenancy during the tenancy, because the lino was new at the beginning of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The inspection reports and photographs show considerable staining in the kitchen. The landlord says that it tried ‘everything’ to clean it off but the staining would not lift. As the lino was just over a year old the landlord successfully claimed insurance for replacement lino.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The filing fee.

Because Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5062610 — net $747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears one day 13 September	$50.00	Rent arrears one day 13 September
Cleaning	$120.00	Cleaning
Repairs: Excess for lino	$550.00	Repairs: Excess for lino
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$747.00
Bond	$1,400.00
Total payable by Tenant to Landlord	$747.00

Order

Caroline Clark to pay Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth $747.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (3324829-019) immediately apportioned as follows: Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth: $747.00 Caroline Clark: $653.00

Reasons

The landlord attended the hearing. The tenant was called twice, both calls went to answerphone. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation for cleaning and damage to the lino, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on Friday the 13 September 2024 after the tenant gave notice. The tenant’s rent week was from Friday to Thursday. When the tenancy ended the tenant owed rent for the last day being Friday the 13 September. The landlord provided rent records which prove the amount owing 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 landlord provided an inspection report and photographs taken on the day after the tenancy ended. The inspection report shows that there were areas of the property (such as the oven, cupboards flooring and walls) that were not left in a reasonably clean and tidy condition.
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.
I am satisfied that the staining to the lino in the kitchen was caused by the tenancy during the tenancy, because the lino was new at the beginning of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The inspection reports and photographs show considerable staining in the kitchen. The landlord says that it tried ‘everything’ to clean it off but the staining would not lift. As the lino was just over a year old the landlord successfully claimed insurance for replacement lino.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The filing fee.
Because Whittle Knight Property Management Limited As Agent For Thelma Joy Freeth has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5062610 — Property damage at Unit/Flat Flat 4, 29 Heywood Terrace, Richmond,

At a glance

Tenancy Tribunal case 5062610 — Property damage at Unit/Flat Flat 4, 29 Heywood Terrace, Richmond,

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

Property management

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

Property management

Frequently asked questions