How much money was awarded in case 5125354?

Cleaning: $97.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $211.98 awarded to landlord; Rent Arrears: $2,850.00 awarded to landlord; Replace Furnishings: Carpet: Excess: $400.00 awarded to landlord

What type of tenancy dispute was case 5125354?

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

Where can I read the official tribunal order for case 5125354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11877196-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5125354?

Cleaning: $97.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $211.98 awarded to landlord; Rent Arrears: $2,850.00 awarded to landlord; Replace Furnishings: Carpet: Excess: $400.00 awarded to landlord

What type of tenancy dispute was case 5125354?

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

Where can I read the official tribunal order for case 5125354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11877196-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5125354 — Rent arrears

Q: What was Tenancy Tribunal case 5125354 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 5125354 — net $1,306.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,850.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$97.75	Carpet Cleaning
Replace furnishings: Carpet: excess	$400.00	Replace furnishings: Carpet: excess
Lock/key replacement	$211.98	Lock/key replacement
Net award	$1,306.73
Total payable by Tenant to Landlord	$1,306.73

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

Dufty Te Nuinga Brown must pay [The landlord/s] $1,306.73 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

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

A previous adjournment was made to allow the tenant be served regarding the vacated claims via the adjourning order.

How much is owed for rent?

The tenancy ended on 31 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2850.00.

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 return the keys. A locksmith attended at a cost of $211.98. This is awarded.

The carpet was stained and a commercial strain removal attempted at an invoiced cost of $97.75. This cost is awarded in full.

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. The insurance policy here had an excess of $400.00.

The living room carpet was stain damaged during the tenancy. An initial attempt to clean the carpet failed and it was replaced under an insurance claim. The excess of $400.00 was sought.

The carpet staining is more than fair wear and tear, and the tenant has not disproved liability for the damage. Pre-entry photos confirm the damage occurred during the tenancy.

The amount ordered is 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 excess amount is lesser than any depreciated value and it is awarded. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that 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 requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5125354 — net $1,306.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,850.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$97.75	Carpet Cleaning
Replace furnishings: Carpet: excess	$400.00	Replace furnishings: Carpet: excess
Lock/key replacement	$211.98	Lock/key replacement
Net award	$1,306.73
Total payable by Tenant to Landlord	$1,306.73

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dufty Te Nuinga Brown must pay [The landlord/s] $1,306.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A previous adjournment was made to allow the tenant be served regarding the vacated claims via the adjourning order.

How much is owed for rent?

The tenancy ended on 31 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2850.00.

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 return the keys. A locksmith attended at a cost of $211.98. This is awarded.
The carpet was stained and a commercial strain removal attempted at an invoiced cost of $97.75. This cost is awarded in full.
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. The insurance policy here had an excess of $400.00.
The living room carpet was stain damaged during the tenancy. An initial attempt to clean the carpet failed and it was replaced under an insurance claim. The excess of $400.00 was sought.
The carpet staining is more than fair wear and tear, and the tenant has not disproved liability for the damage. Pre-entry photos confirm the damage occurred during the tenancy.
The amount ordered is 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 excess amount is lesser than any depreciated value and it is awarded. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that 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 requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5125354 — Rent arrears

At a glance

Tenancy Tribunal case 5125354 — Rent arrears

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

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

Frequently asked questions