How much money was awarded in case 5171291?

Call Out Charge For Dishwasher Techn…: $40.00 awarded to landlord; Carpet Stain Removal: $200.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $375.00 awarded to landlord; Rent Arrears: $4,114.00 awarded to landlord; Replace Missing Curtain Tie Back: $17.60 awarded to landlord; Replace Security Swipe Card And 2 Ke…: $55.00 awarded to landlord; Replace Venetian Blind Brackets: $65.00 awarded to landlord; Replace Venetian Blind In Main Bedro…: $407.84 awarded to landlord

What type of tenancy dispute was case 5171291?

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

Where can I read the official tribunal order for case 5171291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11876984-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5171291?

Call Out Charge For Dishwasher Techn…: $40.00 awarded to landlord; Carpet Stain Removal: $200.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $375.00 awarded to landlord; Rent Arrears: $4,114.00 awarded to landlord; Replace Missing Curtain Tie Back: $17.60 awarded to landlord; Replace Security Swipe Card And 2 Ke…: $55.00 awarded to landlord; Replace Venetian Blind Brackets: $65.00 awarded to landlord; Replace Venetian Blind In Main Bedro…: $407.84 awarded to landlord

What type of tenancy dispute was case 5171291?

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

Where can I read the official tribunal order for case 5171291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11876984-Tribunal_Order_Redacted.pdf.

Unit/Flat 5L, 11 Durham Street East, Auckland Central, Tenancy Tribunal Case 5171291 — Rent arrears

Q: What was Tenancy Tribunal case 5171291 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 5171291 — net $2,251.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2025	$4,114.00	Rent arrears to 20 February 2025
Call out charge for dishwasher technician	$40.00	Call out charge for dishwasher technician
Cleaning and cleaning products	$150.00	Cleaning and cleaning products
Carpet stain removal	$200.00	Carpet stain removal
Repairs to walls	$375.00	Repairs to walls
Replace security swipe card and 2 keys	$55.00	Replace security swipe card and 2 keys
Replace venetian blind in main bedroom	$407.84	Replace venetian blind in main bedroom
Replace venetian blind brackets	$65.00	Replace venetian blind brackets
Replace missing curtain tie back	$17.60	Replace missing curtain tie back
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,251.44
Total payable by Tenant to Landlord	$2,251.44

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

Jasper Charles Hamlet must pay [The landlord/s] $2,251.44 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The landlord’s application for travel and parking expenses is dismissed.

The tenant’s application is dismissed.

Reasons

The landlord attended the hearing at the scheduled time today. The tenant did not attend. I delayed the start of the hearing by 10 minutes. The tenant accessed the Teams video link one hour after the scheduled hearing. By then, the hearing had ended, and the Tribunal had fully heard the landlord’s application. The tenant’s application was dismissed for non-attendance.

The hearing was set following a directions conference I held with the parties on 20 March 2025. It was agreed that the hearing would be held by Teams video link.

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 tenancy was a fixed term tenancy that ended on 20 February 2025. The tenant vacated the tenancy before then but remains liable for rent to the end of the fixed term. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

Did the tenant comply with his 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 (RTA).

The tenant did not leave the premises reasonably clean. The carpets required cleaning to remove stains. The landlord incurred time and cost cleaning the premises. The landlord is entitled to claim for that. The claim is objectively reasonable.

The tenant did not return a security swipe card and 2 keys.

A curtain tie was missing at the end of the tenancy and had to be replaced.

The landlord incurred a call out charge from the dishwasher technician when the tenant failed to provide access as agreed. The landlord gave evidence that the tenant agreed to pay that charge.

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.

The following damage was caused during the tenancy: there were holes in a wall where what might have been brackets were screwed. The holes had to be plastered and painted. The venetian blinds and the brackets for the blinds in the main bedroom were damaged and had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by invoices, photos, and by the evidence the landlord’s representative gave at the hearing.

The landlord has taken all reasonable steps to reduce the tenant’s liability by doing some of the work rather than engage contractors.

The landlord sought parking and travel costs. The landlord resides a long distance from the premises but has elected to manage them from afar.

Parking and travel costs are not a tenant’s responsibility; they are business expenses. A tenant has no control over a landlord’s place of residence and the amount of travel expenses a landlord might incur.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. I have deducted $100.00 from the claim for the venetian blind/bracket claim to allow for depreciation and fair wear and tear. The blind was about 4 years old.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 5171291 — net $2,251.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2025	$4,114.00	Rent arrears to 20 February 2025
Call out charge for dishwasher technician	$40.00	Call out charge for dishwasher technician
Cleaning and cleaning products	$150.00	Cleaning and cleaning products
Carpet stain removal	$200.00	Carpet stain removal
Repairs to walls	$375.00	Repairs to walls
Replace security swipe card and 2 keys	$55.00	Replace security swipe card and 2 keys
Replace venetian blind in main bedroom	$407.84	Replace venetian blind in main bedroom
Replace venetian blind brackets	$65.00	Replace venetian blind brackets
Replace missing curtain tie back	$17.60	Replace missing curtain tie back
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,251.44
Total payable by Tenant to Landlord	$2,251.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jasper Charles Hamlet must pay [The landlord/s] $2,251.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord’s application for travel and parking expenses is dismissed.
The tenant’s application is dismissed.

Reasons

The landlord attended the hearing at the scheduled time today. The tenant did not attend. I delayed the start of the hearing by 10 minutes. The tenant accessed the Teams video link one hour after the scheduled hearing. By then, the hearing had ended, and the Tribunal had fully heard the landlord’s application. The tenant’s application was dismissed for non-attendance.
The hearing was set following a directions conference I held with the parties on 20 March 2025. It was agreed that the hearing would be held by Teams video link.
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 tenancy was a fixed term tenancy that ended on 20 February 2025. The tenant vacated the tenancy before then but remains liable for rent to the end of the fixed term. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

Did the tenant comply with his 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 (RTA).
The tenant did not leave the premises reasonably clean. The carpets required cleaning to remove stains. The landlord incurred time and cost cleaning the premises. The landlord is entitled to claim for that. The claim is objectively reasonable.
The tenant did not return a security swipe card and 2 keys.
A curtain tie was missing at the end of the tenancy and had to be replaced.
The landlord incurred a call out charge from the dishwasher technician when the tenant failed to provide access as agreed. The landlord gave evidence that the tenant agreed to pay that charge.

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.
The following damage was caused during the tenancy: there were holes in a wall where what might have been brackets were screwed. The holes had to be plastered and painted. The venetian blinds and the brackets for the blinds in the main bedroom were damaged and had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices, photos, and by the evidence the landlord’s representative gave at the hearing.
The landlord has taken all reasonable steps to reduce the tenant’s liability by doing some of the work rather than engage contractors.
The landlord sought parking and travel costs. The landlord resides a long distance from the premises but has elected to manage them from afar.
Parking and travel costs are not a tenant’s responsibility; they are business expenses. A tenant has no control over a landlord’s place of residence and the amount of travel expenses a landlord might incur.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. I have deducted $100.00 from the claim for the venetian blind/bracket claim to allow for depreciation and fair wear and tear. The blind was about 4 years old.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5171291 — Rent arrears at Unit/Flat 5L, 11 Durham Street East, Auckland Central,

At a glance

Tenancy Tribunal case 5171291 — Rent arrears at Unit/Flat 5L, 11 Durham Street East, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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 his 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