What was the outcome of Tenancy Tribunal case 5089596?

The tribunal order states: Kimberley Jones aka Cassandra Mason must pay Investment Rentals Limited

How much money was awarded in case 5089596?

Cleaning: $483.00 awarded to landlord; Cleaning: $217.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door Remote: $149.50 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Rent Arrears: $3,833.93 awarded to landlord

What type of tenancy dispute was case 5089596?

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

Where can I read the official tribunal order for case 5089596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240787-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5089596?

The tribunal order states: Kimberley Jones aka Cassandra Mason must pay Investment Rentals Limited

How much money was awarded in case 5089596?

Cleaning: $483.00 awarded to landlord; Cleaning: $217.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door Remote: $149.50 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Rent Arrears: $3,833.93 awarded to landlord

What type of tenancy dispute was case 5089596?

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

Where can I read the official tribunal order for case 5089596?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240787-Tenancy_Tribunal_Order.pdf.

73 Bruce Pulman Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 5089596 — Rent arrears

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73 Bruce Pulman Drive, Takanini, Takanini 2112 Tenancy Tribunal Case 5089596 — 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 5089596 — net $2,150.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 10 December 2024	$3,833.93	Rent arrears as at 10 December 2024
Cleaning	$483.00	Cleaning
Heatpump clean	$217.35	Heatpump clean
Lock/key replacement	$230.00	Lock/key replacement
Garage door remote	$149.50	Garage door remote
Carpet - insurance excess	$450.00	Carpet - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,150.78
Total payable by Tenant to Landlord	$2,150.78

Claims and awards for application 5089596 — net $2,150.78 NZD. Verify on MoJ.

Rent arrears as at 10 December 2024

Amount: $3,833.93
Awarded to: Landlord
Reason: Rent arrears as at 10 December 2024

Cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Cleaning

Heatpump clean

Amount: $217.35
Awarded to: Landlord
Reason: Heatpump clean

Lock/key replacement

Amount: $230.00
Awarded to: Landlord
Reason: Lock/key replacement

Garage door remote

Amount: $149.50
Awarded to: Landlord
Reason: Garage door remote

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Kimberley Jones aka Cassandra Mason must pay Investment Rentals Limited As Agent For Fabienne & Thiery Robert $2,150.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,240.00 (5798767-003) to Investment Rentals Limited As Agent For Fabienne & Thiery Robert immediately.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link and did not answer any of the three calls I made to the number provided for her. The hearing proceeded in her absence.
I note that during the tenancy Ms Jones began using another name – Cassandra Mason. I have therefore put Cassandra Mason in the order so that it can be enforced against either name.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

On 13 September 2024 the landlord gave the tenant 90 days’ notice of termination on the grounds that the owner wanted to sell the property. Expiry of that notice was given as 13 December 2024 and the tenant was advised that if she wished to vacate at an earlier date she would be required to give 28 days’ notice as per the provisions of the Residential Tenancies Act 1986 (RTA).
On 12 November 2024 the tenant advised that she would be moving out that week. I have therefore taken 12 November 2024 as the start of the 28 days’ notice period that the tenant was required to give, meaning that the tenant is required to pay rent to 10 December 2024.
Rent owing as at 10 December 2024 is proven as being $3,833.93.

Did the tenant comply with her 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 photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The photographs also show that the heat pump was left dirty and mouldy, beyond what could be considered reasonable.
I also accept the evidence that the tenant did not return all the front and back door keys given to her at the beginning of the tenancy, and nor did she return the garage door remote.
The amounts ordered to remedy these issues are proved by invoices.

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 photographs taken at the beginning of the tenancy show a clean carpet in very good repair.
The photographs taken of the downstairs carpet at the end of the tenancy show burn marks and various stains on the carpet.
That damage is more than fair wear and tear and I am ordering the tenant to reimburse the insurance excess payable to the landlord. This carpet is to be replaced. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 19 December 2024

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 5089596 — net $2,150.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 10 December 2024	$3,833.93	Rent arrears as at 10 December 2024
Cleaning	$483.00	Cleaning
Heatpump clean	$217.35	Heatpump clean
Lock/key replacement	$230.00	Lock/key replacement
Garage door remote	$149.50	Garage door remote
Carpet - insurance excess	$450.00	Carpet - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,150.78
Total payable by Tenant to Landlord	$2,150.78

Claims and awards for application 5089596 — net $2,150.78 NZD. Verify on MoJ.

Rent arrears as at 10 December 2024

Amount: $3,833.93
Awarded to: Landlord
Reason: Rent arrears as at 10 December 2024

Cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Cleaning

Heatpump clean

Amount: $217.35
Awarded to: Landlord
Reason: Heatpump clean

Lock/key replacement

Amount: $230.00
Awarded to: Landlord
Reason: Lock/key replacement

Garage door remote

Amount: $149.50
Awarded to: Landlord
Reason: Garage door remote

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Kimberley Jones aka Cassandra Mason must pay Investment Rentals Limited As Agent For Fabienne & Thiery Robert $2,150.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,240.00 (5798767-003) to Investment Rentals Limited As Agent For Fabienne & Thiery Robert immediately.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link and did not answer any of the three calls I made to the number provided for her. The hearing proceeded in her absence.
I note that during the tenancy Ms Jones began using another name – Cassandra Mason. I have therefore put Cassandra Mason in the order so that it can be enforced against either name.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

On 13 September 2024 the landlord gave the tenant 90 days’ notice of termination on the grounds that the owner wanted to sell the property. Expiry of that notice was given as 13 December 2024 and the tenant was advised that if she wished to vacate at an earlier date she would be required to give 28 days’ notice as per the provisions of the Residential Tenancies Act 1986 (RTA).
On 12 November 2024 the tenant advised that she would be moving out that week. I have therefore taken 12 November 2024 as the start of the 28 days’ notice period that the tenant was required to give, meaning that the tenant is required to pay rent to 10 December 2024.
Rent owing as at 10 December 2024 is proven as being $3,833.93.

Did the tenant comply with her 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 photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The photographs also show that the heat pump was left dirty and mouldy, beyond what could be considered reasonable.
I also accept the evidence that the tenant did not return all the front and back door keys given to her at the beginning of the tenancy, and nor did she return the garage door remote.
The amounts ordered to remedy these issues are proved by invoices.

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 photographs taken at the beginning of the tenancy show a clean carpet in very good repair.
The photographs taken of the downstairs carpet at the end of the tenancy show burn marks and various stains on the carpet.
That damage is more than fair wear and tear and I am ordering the tenant to reimburse the insurance excess payable to the landlord. This carpet is to be replaced. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 19 December 2024

Tenancy Tribunal case 5089596 — Rent arrears at 73 Bruce Pulman Drive, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 5089596 — Rent arrears at 73 Bruce Pulman Drive, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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 her 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