How much money was awarded in case 5064108?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $19.30 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $690.00 awarded to landlord; Water Rates: $288.80 awarded to landlord

What type of tenancy dispute was case 5064108?

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

Where can I read the official tribunal order for case 5064108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11795615-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5064108?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $19.30 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $690.00 awarded to landlord; Water Rates: $288.80 awarded to landlord

What type of tenancy dispute was case 5064108?

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

Where can I read the official tribunal order for case 5064108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11795615-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5064108 — Rent arrears

Q: What was Tenancy Tribunal case 5064108 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 5064108. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 September 2024	$690.00	Rent arrears to 22 September 2024
Water rates	$288.80	Water rates
Lock/key replacement (security screen door	$90.00	Lock/key replacement (security screen door
Heat pump replacement remotes (x2	$19.30	Heat pump replacement remotes (x2
Cleaning	$200.00	Cleaning
Repairs	$400.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement

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

The Bond Centre is to pay the bond of $1,715.10 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $54.90 ([Bond number suppressed]) to Hazel Aloese immediately.

Reasons

Only the landlord attended the hearing which was held by phone. Calls were placed to the phone numbers provided for the tenant but both calls went to voicemail.

I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”) and so the hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has also applied for exemplary damages.

How much is owed for rent and water rates?

The tenancy ended on 22 September 2024. The landlord had earlier served a 90 day notice as the property was to be sold. The tenancy was to end on 15 September 2024 but the tenant asked if she could stay an extra week.

The landlord produced correspondence regarding the end of the tenancy and a rent summary showing that the tenant did not pay rent for the last week ($690.00). This claim is proven.

The landlord also provided Watercare invoices together with a summary of invoices and payments made. The sum of $288.80 remains outstanding. This claim is proven.

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) RTA. Cleaning

The landlord said that the tenant did not leave the premises reasonably clean and tidy. They produced some photos from of the end of the tenancy showing dirty windows, a patch of mould, drawing on the wall and a very dirty oven. The landlord also produced some text correspondence with the tenant regarding the state of the property.

The landlord has claimed the sum of $439.74 for a full house clean plus oven.

The onus is on the landlord to prove that the property was not left reasonably clean and tidy. The landlord has proven that the areas photographed were not left reasonably clean and tidy. I have ordered that the tenant compensate the landlord the sum of $200.00 which is my best estimate of the cleaning required for those areas. Keys

The landlord explained that the tenant left the key with the neighbour but did not return the key for the security screen door. As a result the landlord had to replace the barrel. The landlord produced an invoice in the amount of $90.00 to do so. This claim is proven. Heat pump remotes

There were three heat pumps at the property, and each had a remote, but the tenant only left one remote behind.

The landlord purchased two universal remotes online and produced an invoice in the amount of $19.30. This claim is proven.

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.

The landlord said when they inspected the property they found that one door had a whole right through both sides and a wardrobe door had a hole on one side. They also said that a dog had scratched the door framing on one door.

The landlord produced an invoice in the amount of $800.00 for “Plaster and painting of two doors and door frame”.

The landlord produced photos of the damage at the end of the tenancy but did not produce photos showing that the areas were not damaged at the start of the tenancy.

The landlord did however produce text correspondence with the tenant where the tenant accepted causing a hole in one of the doors, being the door with holes on one side.

The door frame and wardrobe door damage are not proven. The damage to the other door is proven. I have ordered that the tenant pay compensation to the landlord in the amount of half of the invoice ($400.00). There is no breakdown on the invoice and so I have had to estimate the likely portion of the invoice for repair of this door. Exemplary damages

The landlord had also sought exemplary damages (tenant keeping a dog and having extra people living there) but neither of these matters were proven. Filing fee and name suppression

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord has sought an order for name suppression and is entitled to an order as the substantially successful party (see section 95A RTA).

Claims and awards in Tenancy Tribunal application 5064108. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 September 2024	$690.00	Rent arrears to 22 September 2024
Water rates	$288.80	Water rates
Lock/key replacement (security screen door	$90.00	Lock/key replacement (security screen door
Heat pump replacement remotes (x2	$19.30	Heat pump replacement remotes (x2
Cleaning	$200.00	Cleaning
Repairs	$400.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,715.10 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $54.90 ([Bond number suppressed]) to Hazel Aloese immediately.

Reasons

Only the landlord attended the hearing which was held by phone. Calls were placed to the phone numbers provided for the tenant but both calls went to voicemail.
I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”) and so the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has also applied for exemplary damages.

How much is owed for rent and water rates?

The tenancy ended on 22 September 2024. The landlord had earlier served a 90 day notice as the property was to be sold. The tenancy was to end on 15 September 2024 but the tenant asked if she could stay an extra week.
The landlord produced correspondence regarding the end of the tenancy and a rent summary showing that the tenant did not pay rent for the last week ($690.00). This claim is proven.
The landlord also provided Watercare invoices together with a summary of invoices and payments made. The sum of $288.80 remains outstanding. This claim is proven.

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) RTA. Cleaning
The landlord said that the tenant did not leave the premises reasonably clean and tidy. They produced some photos from of the end of the tenancy showing dirty windows, a patch of mould, drawing on the wall and a very dirty oven. The landlord also produced some text correspondence with the tenant regarding the state of the property.
The landlord has claimed the sum of $439.74 for a full house clean plus oven.
The onus is on the landlord to prove that the property was not left reasonably clean and tidy. The landlord has proven that the areas photographed were not left reasonably clean and tidy. I have ordered that the tenant compensate the landlord the sum of $200.00 which is my best estimate of the cleaning required for those areas. Keys
The landlord explained that the tenant left the key with the neighbour but did not return the key for the security screen door. As a result the landlord had to replace the barrel. The landlord produced an invoice in the amount of $90.00 to do so. This claim is proven. Heat pump remotes
There were three heat pumps at the property, and each had a remote, but the tenant only left one remote behind.
The landlord purchased two universal remotes online and produced an invoice in the amount of $19.30. This claim is proven.

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.
The landlord said when they inspected the property they found that one door had a whole right through both sides and a wardrobe door had a hole on one side. They also said that a dog had scratched the door framing on one door.
The landlord produced an invoice in the amount of $800.00 for “Plaster and painting of two doors and door frame”.
The landlord produced photos of the damage at the end of the tenancy but did not produce photos showing that the areas were not damaged at the start of the tenancy.
The landlord did however produce text correspondence with the tenant where the tenant accepted causing a hole in one of the doors, being the door with holes on one side.
The door frame and wardrobe door damage are not proven. The damage to the other door is proven. I have ordered that the tenant pay compensation to the landlord in the amount of half of the invoice ($400.00). There is no breakdown on the invoice and so I have had to estimate the likely portion of the invoice for repair of this door. Exemplary damages
The landlord had also sought exemplary damages (tenant keeping a dog and having extra people living there) but neither of these matters were proven. Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has sought an order for name suppression and is entitled to an order as the substantially successful party (see section 95A RTA).

Tenancy Tribunal case 5064108 — Rent arrears

At a glance

Tenancy Tribunal case 5064108 — Rent arrears

At a glance

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

Frequently asked questions

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

Frequently asked questions