How much money was awarded in case 5128889?

Compensation: Driveway: $300.00 awarded to tenant; Lawns and Garden Work: $480.00 awarded to landlord; Rent Arrears: $3,802.71 awarded to landlord

What type of tenancy dispute was case 5128889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5128889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11839738-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5128889?

Compensation: Driveway: $300.00 awarded to tenant; Lawns and Garden Work: $480.00 awarded to landlord; Rent Arrears: $3,802.71 awarded to landlord

What type of tenancy dispute was case 5128889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5128889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11839738-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5128889 — Rent arrears

Q: What was Tenancy Tribunal case 5128889 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 5128889 — net $2,647.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 25 February 2025	$3,802.71		Rent arrears (to 25 February 2025
Lawns and Garden work	$480.00		Lawns and Garden work
Compensation: Driveway		$300.00	Driveway
Total award	$4,282.71	$300.00
Net award	$2,647.71
Total payable by Tenant to Landlord	$2,647.71

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

[The tenant/s] must pay [The landlord/s] $2,647.71 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,335.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

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

How much is owed for rent?

The tenant left the premises on 14 February. She says that she should only pay rent to that date. The landlord says that it was entitled to 21 days’ notice to terminate the tenancy, which means it should be paid for rent to 25 February 2025.

The tenant fell into arrears because of a processing issue with WINZ payments. The tenant then experienced a medical misadventure which put her further behind with the rent. Neither of those issues were caused by the landlord, and the tenant remains liable for rent notwithstanding her difficult circumstances. Attempts were made to clear the arrears, but the tenant did not catch up. The landlord then gave notice of a rent increase, which made the property unaffordable for the tenant.

The tenant advised the landlord that she would look for somewhere else to live rather than pay the increased rent. She applied for many properties but was turned down. She says that is because the landlord told reference checkers that the rent was in arrears. The landlord accepts that she gave that information and says she was asked, and the information was factual.

The tenant seems to think that the landlord should have either not disclosed the arrears or explained that it was because of circumstances outside the tenant’s control. It was the for the tenant to provide the explanation to any prospective landlord, not [the current landlord].

The tenant also believes that a new tenant moved into the premises between the date she left (14 February) and the date rent is claimed to (25 February). The landlord says that is not correct; a new tenancy started on 28 or 29 February.

I find that the landlord is entitled to rent to 25 February 2025. I award $3,802.71 being the amount claimed, less $65.00 for one week in which the landlord had agreed to waive the rent increase.

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 leave the lawns and gardens reasonably clean and tidy. The landlord provided a receipt and photographs. The tenant accepted the claim. Tenant Claims

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.

The tenant claims that the driveway was in a poor state of repair such that it damaged vehicle tyres and they had to be replaced. She provided a receipt for two tyres and claimed the replacement cost of $406. She did not provide any evidence of the age or condition of the replaced tyres and did not provide any direct, corroborative evidence that the condition of the drive caused damage.

The tenant did provide evidence of the condition of the driveway for most of the tenancy. It was replaced in mid-2024. For most of the tenancy the driveway was broken, uneven concrete (it was beyond the condition you would expect of an old, used driveway). The tenant did not establish that the condition of the driveway caused tyre damage. However, I find that the driveway was a potential safety hazard and was not in a reasonable state of repair. I award the tenant $300 for loss of amenity.

The tenant also referred to mould issues. The only evidence in relation to this was from 2020 when the tenancy started (and before any requirement for Healthy Homes compliance). The issue was resolved promptly and there is no evidence of it recurring. The tenant also referred to leaks and rodents in the garage but did not provide supporting evidence, of either their existence or the cause. Any claims relating to those issues are dismissed.

As both parties were partially successful, I have not awarded reimbursement of the either Tribunal application fee. I have suppressed the parties’ details, having regard to the degree of success of each party and the tenant’s medical issues which have (in part) led to these applications.

Claims and awards in Tenancy Tribunal application 5128889 — net $2,647.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 25 February 2025	$3,802.71		Rent arrears (to 25 February 2025
Lawns and Garden work	$480.00		Lawns and Garden work
Compensation: Driveway		$300.00	Driveway
Total award	$4,282.71	$300.00
Net award	$2,647.71
Total payable by Tenant to Landlord	$2,647.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $2,647.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,335.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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

How much is owed for rent?

The tenant left the premises on 14 February. She says that she should only pay rent to that date. The landlord says that it was entitled to 21 days’ notice to terminate the tenancy, which means it should be paid for rent to 25 February 2025.
The tenant fell into arrears because of a processing issue with WINZ payments. The tenant then experienced a medical misadventure which put her further behind with the rent. Neither of those issues were caused by the landlord, and the tenant remains liable for rent notwithstanding her difficult circumstances. Attempts were made to clear the arrears, but the tenant did not catch up. The landlord then gave notice of a rent increase, which made the property unaffordable for the tenant.
The tenant advised the landlord that she would look for somewhere else to live rather than pay the increased rent. She applied for many properties but was turned down. She says that is because the landlord told reference checkers that the rent was in arrears. The landlord accepts that she gave that information and says she was asked, and the information was factual.
The tenant seems to think that the landlord should have either not disclosed the arrears or explained that it was because of circumstances outside the tenant’s control. It was the for the tenant to provide the explanation to any prospective landlord, not [the current landlord].
The tenant also believes that a new tenant moved into the premises between the date she left (14 February) and the date rent is claimed to (25 February). The landlord says that is not correct; a new tenancy started on 28 or 29 February.
I find that the landlord is entitled to rent to 25 February 2025. I award $3,802.71 being the amount claimed, less $65.00 for one week in which the landlord had agreed to waive the rent increase.

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 leave the lawns and gardens reasonably clean and tidy. The landlord provided a receipt and photographs. The tenant accepted the claim. Tenant Claims
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
The tenant claims that the driveway was in a poor state of repair such that it damaged vehicle tyres and they had to be replaced. She provided a receipt for two tyres and claimed the replacement cost of $406. She did not provide any evidence of the age or condition of the replaced tyres and did not provide any direct, corroborative evidence that the condition of the drive caused damage.
The tenant did provide evidence of the condition of the driveway for most of the tenancy. It was replaced in mid-2024. For most of the tenancy the driveway was broken, uneven concrete (it was beyond the condition you would expect of an old, used driveway). The tenant did not establish that the condition of the driveway caused tyre damage. However, I find that the driveway was a potential safety hazard and was not in a reasonable state of repair. I award the tenant $300 for loss of amenity.
The tenant also referred to mould issues. The only evidence in relation to this was from 2020 when the tenancy started (and before any requirement for Healthy Homes compliance). The issue was resolved promptly and there is no evidence of it recurring. The tenant also referred to leaks and rodents in the garage but did not provide supporting evidence, of either their existence or the cause. Any claims relating to those issues are dismissed.
As both parties were partially successful, I have not awarded reimbursement of the either Tribunal application fee. I have suppressed the parties’ details, having regard to the degree of success of each party and the tenant’s medical issues which have (in part) led to these applications.

Tenancy Tribunal case 5128889 — Rent arrears

At a glance

Tenancy Tribunal case 5128889 — 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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions