What was Tenancy Tribunal case 5160832 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5160832?

Orders Suppression Of The Tenant And…: $3,040.00 awarded to landlord

What type of tenancy dispute was case 5160832?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 5160832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11533980-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5160832 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5160832?

Orders Suppression Of The Tenant And…: $3,040.00 awarded to landlord

What type of tenancy dispute was case 5160832?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 5160832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11533980-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5160832 — Rent arrears

Claims and awards in Tenancy Tribunal application 5160832. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
orders suppression of the Tenant and Landlord name and identifying details. 2. The application by [the tenant/s] for ref	$3,040.00		orders suppression of the Tenant and Landlord name and identifying details. 2. The application by [the tenant/s] for ref

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The application by [the tenant/s] for refund of rent of $3,040.00 is dismissed.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [the landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears of $615.50, compensation of $1,740.00, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
However, the landlord confirmed that they would be agreeable to receiving the $1,600.00 bond in full settlement of the claim.
The tenant has cross applied for refund of rent of $3,040.00 and the balance of the bond of $1,260.00 after deducting $320.00 for wall damage and green waste removal.
The tenancy was for a fixed term initially from 7/3/2020 and renewed annually until 27/2/2025.
The weekly rent at the final renewal was $520.00.
The tenant gave 29 days notice to end the tenancy as at 12/12/2024.
Following discussions between the parties the tenant vacated the premises on 1/12/2024 and returned the keys 12 days later.
The landlord advertised the premises for re-letting at no cost to the tenant and held seven viewings.
Following discussions the landlord advised the tenant on 19/12/2024 that the owner had agreed to reduce the fixed term and end the tenancy on 30/1/2025, so that maintenance could be undertaken.
Subsequently after receiving advice the tenant was unhappy that she continued to pay rent until 30/1/2025, despite not having access to the premises after 13/12/2024 when she returned the keys and filed a claim.

How much is owed for rent?

While the tenant’s position is understandable that because she did not have access after handing back the keys, I consider the evidence supports that the tenancy ended on 30/1/2025 and not 13/12/2024 as the tenant believed.
As the tenancy was for a fixed term until 27/2/2025, the tenant’s liability for rent remained until either the premises were re-let or the end of the fixed term, whichever happened first.
The landlord attempted to re-let the premises, at no costs to the tenant.
By ending the tenancy early, the landlord took reasonable steps to mitigate the loss of the tenant, who had breached the fixed term tenancy by giving notice.
The end result of the landlord ending the tenancy early was that the tenant was not liable for the final fours weeks rent.
The landlord provided rent records which prove the amount owing.

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 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 $1,740.00 as follows: a. $1,040.00 for carpet cleaning and deodorising, b. $500.00 for lawn and garden work and green waste removal, c. $200.00 as a contribution towards painting for wall damage.
In support of the claim the landlord provided entry and exit inspection photographs of the walls and garden, and emails from the carpet cleaner and gardener.
The tenant did not dispute the claim for the contribution towards the painting.
In addition, the tenant agreed to pay a contribution towards green waste removal.
However, the tenant disagreed with the amount claimed for carpet cleaning, especially the deodorizing treatment, and provided an email from the person she had used to clean the carpets.
I am persuaded by the evidence of the landlord that at the end of the tenancy the carpets needed cleaning and deodorizing and a significant amount of green waste required to be removed.
Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction. This must be in a manner most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises.
In addition, the Tribunal must consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations, or to legal forms and technicalities.
In the interests of a fair and expeditious resolution of the dispute between the parties I have awarded the bond as full compensation to the landlord for the claims made.
The landlord agreed they would accept the bond in full settlement of the claim.
Moreover, the tenant had offered $320.00 as part compensation.
No filing fee is awarded as the fee in each application effectively cancels out the other fee.
Suppression is granted to both parties pursuant to section 95A.
First because the landlord was largely successful.
Second because I consider it is in the interests of the tenant to do so because of her circumstances.

Claims and awards in Tenancy Tribunal application 5160832. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
orders suppression of the Tenant and Landlord name and identifying details. 2. The application by [the tenant/s] for ref	$3,040.00		orders suppression of the Tenant and Landlord name and identifying details. 2. The application by [the tenant/s] for ref

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The application by [the tenant/s] for refund of rent of $3,040.00 is dismissed.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [the landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears of $615.50, compensation of $1,740.00, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
However, the landlord confirmed that they would be agreeable to receiving the $1,600.00 bond in full settlement of the claim.
The tenant has cross applied for refund of rent of $3,040.00 and the balance of the bond of $1,260.00 after deducting $320.00 for wall damage and green waste removal.
The tenancy was for a fixed term initially from 7/3/2020 and renewed annually until 27/2/2025.
The weekly rent at the final renewal was $520.00.
The tenant gave 29 days notice to end the tenancy as at 12/12/2024.
Following discussions between the parties the tenant vacated the premises on 1/12/2024 and returned the keys 12 days later.
The landlord advertised the premises for re-letting at no cost to the tenant and held seven viewings.
Following discussions the landlord advised the tenant on 19/12/2024 that the owner had agreed to reduce the fixed term and end the tenancy on 30/1/2025, so that maintenance could be undertaken.
Subsequently after receiving advice the tenant was unhappy that she continued to pay rent until 30/1/2025, despite not having access to the premises after 13/12/2024 when she returned the keys and filed a claim.

How much is owed for rent?

While the tenant’s position is understandable that because she did not have access after handing back the keys, I consider the evidence supports that the tenancy ended on 30/1/2025 and not 13/12/2024 as the tenant believed.
As the tenancy was for a fixed term until 27/2/2025, the tenant’s liability for rent remained until either the premises were re-let or the end of the fixed term, whichever happened first.
The landlord attempted to re-let the premises, at no costs to the tenant.
By ending the tenancy early, the landlord took reasonable steps to mitigate the loss of the tenant, who had breached the fixed term tenancy by giving notice.
The end result of the landlord ending the tenancy early was that the tenant was not liable for the final fours weeks rent.
The landlord provided rent records which prove the amount owing.

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 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 $1,740.00 as follows: a. $1,040.00 for carpet cleaning and deodorising, b. $500.00 for lawn and garden work and green waste removal, c. $200.00 as a contribution towards painting for wall damage.
In support of the claim the landlord provided entry and exit inspection photographs of the walls and garden, and emails from the carpet cleaner and gardener.
The tenant did not dispute the claim for the contribution towards the painting.
In addition, the tenant agreed to pay a contribution towards green waste removal.
However, the tenant disagreed with the amount claimed for carpet cleaning, especially the deodorizing treatment, and provided an email from the person she had used to clean the carpets.
I am persuaded by the evidence of the landlord that at the end of the tenancy the carpets needed cleaning and deodorizing and a significant amount of green waste required to be removed.
Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction. This must be in a manner most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises.
In addition, the Tribunal must consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations, or to legal forms and technicalities.
In the interests of a fair and expeditious resolution of the dispute between the parties I have awarded the bond as full compensation to the landlord for the claims made.
The landlord agreed they would accept the bond in full settlement of the claim.
Moreover, the tenant had offered $320.00 as part compensation.
No filing fee is awarded as the fee in each application effectively cancels out the other fee.
Suppression is granted to both parties pursuant to section 95A.
First because the landlord was largely successful.
Second because I consider it is in the interests of the tenant to do so because of her circumstances.

Tenancy Tribunal case 5160832 — Rent arrears

At a glance

Tenancy Tribunal case 5160832 — Rent arrears

At a glance

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

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