What was the outcome of Tenancy Tribunal case 5142688?

The tribunal order states: Kirby Sylvia Martinac must pay Highland Real Estate Group Limited (T/A

How much money was awarded in case 5142688?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $355.00 awarded to landlord; Property Damage: $134.50 awarded to landlord; Property Damage: $210.07 awarded to landlord; Rent Arrears: $3,777.14 awarded to landlord; Rubbish Removal: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5142688?

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

Where can I read the official tribunal order for case 5142688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11600517-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5142688?

The tribunal order states: Kirby Sylvia Martinac must pay Highland Real Estate Group Limited (T/A

How much money was awarded in case 5142688?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $355.00 awarded to landlord; Property Damage: $134.50 awarded to landlord; Property Damage: $210.07 awarded to landlord; Rent Arrears: $3,777.14 awarded to landlord; Rubbish Removal: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5142688?

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

Where can I read the official tribunal order for case 5142688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11600517-Tenancy_Tribunal_Order.pdf.

6 Scotland Terrace, Green Island, Dunedin 9018 Tenancy Tribunal Case 5142688 — Rent arrears

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6 Scotland Terrace, Green Island, Dunedin 9018 Tenancy Tribunal Case 5142688 — 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 5142688 — net $6,905.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/12/2024	$3,777.14	Rent arrears to 8/12/2024
Cleaning	$575.00	Cleaning
Lawns and Garden work	$355.00	Lawns and Garden work
Lock/key replacement for front door	$134.50	Lock/key replacement for front door
Window repairs	$210.07	Window repairs
Rubbish removal and repairs	$1,800.00	Rubbish removal and repairs
Filing fee reimbursement: for Order 5015789	$27.00	for Order 5015789
Filing fee reimbursement	$27.00	for Order 5015789
Net award	$6,905.71
Total payable by Tenant to Landlord	$6,905.71

Claims and awards for application 5142688 — net $6,905.71 NZD. Verify on MoJ.

Rent arrears to 8/12/2024

Amount: $3,777.14
Awarded to: Landlord
Reason: Rent arrears to 8/12/2024

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $355.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement for front door

Amount: $134.50
Awarded to: Landlord
Reason: Lock/key replacement for front door

Window repairs

Amount: $210.07
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Kirby Sylvia Martinac must pay Highland Real Estate Group Limited (T/A Harcourts Dunedin) $6,905.71 immediately, calculated as shown in table below.
The application for further compensation of $1,200.00 is dismissed.
This order incorporates the Tribunal order made on 16/12/2024 under application 5015789.

Reasons

The landlord attended the hearing.
Unfortunately, the Tribunal was unable to contact the tenant by telephone.
The tenancy was originally between the owner and tenant for a fixed term from 30/12/2022 to 30/12/2023 at $565.00 rent per week.
The agent took over management of the premises on 1/10/2023.
On the expiry of the fixed term the tenancy rolled over to a periodic tenancy at $585.00 per week.
The tenancy ended on 8/12/2024 after the tenant gave notice.
The landlord has applied for compensation, and reimbursement of the filing fee.
On 16/12/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 8/12/2024. The previous order is incorporated into this order for enforcement purposes.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord claimed compensation of $3,074.57 as follows: a. $134.50 for changing the front door lock, b. $210.07 for window repairs, c. $575.00 for cleaning, d. $355.00 for lawns and gardening, e. $1,800.00 for rubbish removal, hook removal from ceiling, rehanging curtains, replace light bulbs, and repairs and painting of walls, windowsills and doors due to dog scratches.
In support of the claim the landlord provided invoices, entry photographs taken by the owner on 28/12/2022 and exit photographs taken on 11/12/2024.
I am satisfied by the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove a significant amount of rubbish and the lawns and gardens needed attention.
The tenant did not return all the keys.
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.
In addition to the amount claimed for repairs as mentioned above, the landlord claimed further compensation of $1,200.00 as follows: a. $550.00 for stains to the lounge carpet, and pull marks on three sets of curtains, b. $650.00 for damage to two doors from dog scratches.
The landlord considered the damage was intentional.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
I am persuaded that intentional damage was caused during the tenancy to the carpet, curtains and doors and that the damage is more than fair wear and tear.
However, the claim for further compensation of $1,200.00 fails because the landlord has not incurred the costs claimed.
Rather, for whatever reason the landlord has chosen not to replace the stained carpet, despite having insurance and has had the curtains rehung and the doors patched.
As Highland Real Estate Group Limited (T/A Harcourts Dunedin) has wholly succeeded with the claim I must award the filing fee.
At the hearing the landlord confirmed they did not want name suppression.

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 5142688 — net $6,905.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/12/2024	$3,777.14	Rent arrears to 8/12/2024
Cleaning	$575.00	Cleaning
Lawns and Garden work	$355.00	Lawns and Garden work
Lock/key replacement for front door	$134.50	Lock/key replacement for front door
Window repairs	$210.07	Window repairs
Rubbish removal and repairs	$1,800.00	Rubbish removal and repairs
Filing fee reimbursement: for Order 5015789	$27.00	for Order 5015789
Filing fee reimbursement	$27.00	for Order 5015789
Net award	$6,905.71
Total payable by Tenant to Landlord	$6,905.71

Claims and awards for application 5142688 — net $6,905.71 NZD. Verify on MoJ.

Rent arrears to 8/12/2024

Amount: $3,777.14
Awarded to: Landlord
Reason: Rent arrears to 8/12/2024

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $355.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement for front door

Amount: $134.50
Awarded to: Landlord
Reason: Lock/key replacement for front door

Window repairs

Amount: $210.07
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Kirby Sylvia Martinac must pay Highland Real Estate Group Limited (T/A Harcourts Dunedin) $6,905.71 immediately, calculated as shown in table below.
The application for further compensation of $1,200.00 is dismissed.
This order incorporates the Tribunal order made on 16/12/2024 under application 5015789.

Reasons

The landlord attended the hearing.
Unfortunately, the Tribunal was unable to contact the tenant by telephone.
The tenancy was originally between the owner and tenant for a fixed term from 30/12/2022 to 30/12/2023 at $565.00 rent per week.
The agent took over management of the premises on 1/10/2023.
On the expiry of the fixed term the tenancy rolled over to a periodic tenancy at $585.00 per week.
The tenancy ended on 8/12/2024 after the tenant gave notice.
The landlord has applied for compensation, and reimbursement of the filing fee.
On 16/12/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 8/12/2024. The previous order is incorporated into this order for enforcement purposes.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord claimed compensation of $3,074.57 as follows: a. $134.50 for changing the front door lock, b. $210.07 for window repairs, c. $575.00 for cleaning, d. $355.00 for lawns and gardening, e. $1,800.00 for rubbish removal, hook removal from ceiling, rehanging curtains, replace light bulbs, and repairs and painting of walls, windowsills and doors due to dog scratches.
In support of the claim the landlord provided invoices, entry photographs taken by the owner on 28/12/2022 and exit photographs taken on 11/12/2024.
I am satisfied by the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove a significant amount of rubbish and the lawns and gardens needed attention.
The tenant did not return all the keys.
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.
In addition to the amount claimed for repairs as mentioned above, the landlord claimed further compensation of $1,200.00 as follows: a. $550.00 for stains to the lounge carpet, and pull marks on three sets of curtains, b. $650.00 for damage to two doors from dog scratches.
The landlord considered the damage was intentional.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
I am persuaded that intentional damage was caused during the tenancy to the carpet, curtains and doors and that the damage is more than fair wear and tear.
However, the claim for further compensation of $1,200.00 fails because the landlord has not incurred the costs claimed.
Rather, for whatever reason the landlord has chosen not to replace the stained carpet, despite having insurance and has had the curtains rehung and the doors patched.
As Highland Real Estate Group Limited (T/A Harcourts Dunedin) has wholly succeeded with the claim I must award the filing fee.
At the hearing the landlord confirmed they did not want name suppression.

Tenancy Tribunal case 5142688 — Rent arrears at 6 Scotland Terrace, Green Island, Dunedin 9018

At a glance

Tenancy Tribunal case 5142688 — Rent arrears at 6 Scotland Terrace, Green Island, Dunedin 9018

At a glance

Award balance

Claims & awards

Order

Reasons

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

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