How much money was awarded in case 5090108?

Bailiff'S Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $187.50 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $6,600.00 awarded to landlord

What type of tenancy dispute was case 5090108?

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

Where can I read the official tribunal order for case 5090108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11554205-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5090108?

Bailiff'S Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $187.50 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $6,600.00 awarded to landlord

What type of tenancy dispute was case 5090108?

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

Where can I read the official tribunal order for case 5090108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11554205-Tribunal_Order_Redacted.pdf.

[Street address], Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5090108 — Rent arrears

Q: What was Tenancy Tribunal case 5090108 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5090108 — net $4,912.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2025	$6,600.00	Rent arrears to 11 February 2025
Lock/key replacement - front door	$187.50	Lock/key replacement - front door
Lock/key replacement - garage door	$240.00	Lock/key replacement - garage door
Bailiff's fee	$258.00	Bailiff's fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,912.50
Total payable by Tenant to Landlord	$4,912.50

The landlord’s name and identifying details including the tenancy address must not be published.

The Bond Centre is to pay the bond of $2,400.00 to [the landlord] immediately.

Sarah Melvin must pay [the landlord] $4,912.50 immediately, calculated as shown in table below.

All other claims are dismissed. DescriptionLandlord Rent arrears to 11 February 2025$6,600.00 Lock/key replacement - front door$187.50 Lock/key replacement - garage door$240.00 Bailiff's fee$258.00 Filing fee reimbursement$27.00 Total award$7,312.50 Bond$2,400.00 Total payable by Tenant to Landlord$4,912.50

Reasons

The landlord attended the hearing in person with her son-in-law, and with a Korean interpreter.

The tenant attended also.

The landlord has applied for: rent and water arrears; compensation for replacing keys and locks, carpet cleaning, and the bailiffs’ eviction fees; reimbursement of the filing fee; and payment over of the bond following the end of the tenancy.

The tenant applied for a rent refund for being charged an extra $50.00 per week rent for having a dog at the premises.

Does the tenant owe the landlord for rent and water?

The tenancy ended on 25 January 2025 due to the tenant failing to comply with a Tribunal order that she pay weekly rent by 22 January 2025 and thereafter. 1

However, the tenant did not vacate the premises until the bailiffs removed her on 11 February 2025.

The landlord provided rent records to prove the tenant’s rent debt until her eviction on 11 February 2025. 2

The Tribunal orders the tenant to pay the landlord $6,600.00 for rent arrears.

The claim for water arrears is not allowed because I am not satisfied the tenant owes the amount the landlord claimed. Is the tenant liable to the landlord for the bailiffs’ fees and lock replacement?

The tenant did not voluntarily vacate the premises despite breaching the Tribunal’s order that she pay $600.00 rent by 22 January 2025, with the result being that the tenancy ended at the expiry of a further two working days.

The landlord had to pay the bailiffs to remove the tenant.

The tenant did not return the keys.

The tenant was in breach and must reimburse the landlord for her additional costs to enforce compliance and rekey the locks. 1 [Landlord] v Sarah Melvin [2025] NZTT 5090108, 14 January 2025. . 2 Under s 60 of the Residential Tenancies Act 1986 (RTA), the tenant must pay rent if they remain in occupation after the tenancy has terminated.

Is the tenant liable to the landlord for the cost of carpet cleaning?

At the end of the tenancy the tenant must leave the premises reasonably clean. 3

The landlord claimed for the cost of cleaning carpet stains.

However, the tenant disputed the claim, saying that the stains pre-dated the tenancy.

Having heard from the tenant, I am not satisfied on the balance of probabilities that the tenant was responsible for significant additional staining.

Moreover, the carpets are old and in need of replacing. I am not satisfied that the landlord will clean the carpets rather than just replace them.

The carpet claim is dismissed.

The amounts ordered are proved. Is the landlord liable to the tenant for $50.00 per week extra rent?

The landlord charged the tenant an extra $50.00 per week for her to have a dog at the premises.

The tenant says the landlord should not have been charged extra for having a dog and should be reimbursed the extra weekly amount. The tenant submits the landlord could rightly have imposed a pet bond but not an extra weekly amount.

The landlord made an offer, and the tenant accepted it. The parties agreed to the weekly rent at $600.00 per week. A binding contract arose.

I am unaware of anything in the Act or the general law that prohibits a landlord from offering a tenancy at a higher weekly rent rate to account for a pet being on the premises.

This claim is dismissed. Filing fee

The landlord has substantially succeeded in the proceedings.

The tenant must reimburse the landlord for the filing fee. 3 RTA, s40(1)(e)(iii). Bond

The Bond Centre is directed to pay the bond to the landlord.

The bond amount is to be deducted from what the tenant owes the landlord. Non-publication

The landlord applied for non-publication of her name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord substantially succeeded in proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.

The Tribunal orders non-publication as sought.

Order

Claims and awards in Tenancy Tribunal application 5090108 — net $4,912.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2025	$6,600.00	Rent arrears to 11 February 2025
Lock/key replacement - front door	$187.50	Lock/key replacement - front door
Lock/key replacement - garage door	$240.00	Lock/key replacement - garage door
Bailiff's fee	$258.00	Bailiff's fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,912.50
Total payable by Tenant to Landlord	$4,912.50

The landlord’s name and identifying details including the tenancy address must not be published.

The Bond Centre is to pay the bond of $2,400.00 to [the landlord] immediately.

Sarah Melvin must pay [the landlord] $4,912.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing in person with her son-in-law, and with a Korean interpreter.

The tenant attended also.

The tenant applied for a rent refund for being charged an extra $50.00 per week rent for having a dog at the premises.

Does the tenant owe the landlord for rent and water?

The tenancy ended on 25 January 2025 due to the tenant failing to comply with a Tribunal order that she pay weekly rent by 22 January 2025 and thereafter. 1

However, the tenant did not vacate the premises until the bailiffs removed her on 11 February 2025.

The landlord provided rent records to prove the tenant’s rent debt until her eviction on 11 February 2025. 2

The Tribunal orders the tenant to pay the landlord $6,600.00 for rent arrears.

The landlord had to pay the bailiffs to remove the tenant.

The tenant did not return the keys.

Is the tenant liable to the landlord for the cost of carpet cleaning?

At the end of the tenancy the tenant must leave the premises reasonably clean. 3

The landlord claimed for the cost of cleaning carpet stains.

However, the tenant disputed the claim, saying that the stains pre-dated the tenancy.

Having heard from the tenant, I am not satisfied on the balance of probabilities that the tenant was responsible for significant additional staining.

Moreover, the carpets are old and in need of replacing. I am not satisfied that the landlord will clean the carpets rather than just replace them.

The carpet claim is dismissed.

The amounts ordered are proved. Is the landlord liable to the tenant for $50.00 per week extra rent?

The landlord charged the tenant an extra $50.00 per week for her to have a dog at the premises.

The landlord made an offer, and the tenant accepted it. The parties agreed to the weekly rent at $600.00 per week. A binding contract arose.

I am unaware of anything in the Act or the general law that prohibits a landlord from offering a tenancy at a higher weekly rent rate to account for a pet being on the premises.

This claim is dismissed. Filing fee

The landlord has substantially succeeded in the proceedings.

The tenant must reimburse the landlord for the filing fee. 3 RTA, s40(1)(e)(iii). Bond

The Bond Centre is directed to pay the bond to the landlord.

The bond amount is to be deducted from what the tenant owes the landlord. Non-publication

The landlord applied for non-publication of her name and identifying details.

The Tribunal orders non-publication as sought.

Tenancy Tribunal case 5090108 — Rent arrears at [Street address], Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5090108 — Rent arrears at [Street address], Mount Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Does the tenant owe the landlord for rent and water?

Is the tenant liable to the landlord for the cost of carpet cleaning?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Does the tenant owe the landlord for rent and water?

Is the tenant liable to the landlord for the cost of carpet cleaning?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions