What was Tenancy Tribunal case 5515369 about?

The tribunal order states: The tenant must pay the landlord $2,071.33, calculated as follows:

How much money was awarded in case 5515369?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5515369?

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

Where can I read the official tribunal order for case 5515369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907407-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5515369 about?

The tribunal order states: The tenant must pay the landlord $2,071.33, calculated as follows:

How much money was awarded in case 5515369?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5515369?

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

Where can I read the official tribunal order for case 5515369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907407-Tenancy_Tribunal_Order.pdf.

4A Ruth Street, Fordlands, Rotorua 3015 Tenancy Tribunal Case 5515369 — Rent arrears

Order

The tenant must pay the landlord $2,071.33, calculated as follows: DescriptionAmount Rent arrears$935.72 Remove barbecue, table, bin and other rubbish from exterior$179.25 Remove tenant’s padlock from shed$14.02 Remove rubbish from shed and surrounding exterior area$89.62 Replace missing timber fence paling$19.54 Clean floors, walls and surfaces throughout house$344.02 Remove and dispose of rubbish from inside house$177.35 Patch damaged carpet in living room$49.37 Clean and scrub kitchen cupboards$112.60 Repaint damaged wall in bedroom 1 [as amended] $121.84 Reimbursement of application fee$28.00 Total$2,071.33
This order will become final seven (7) days after the date of the order unless, within that period, the tenant applies to have the matter brought back before the Tribunal and provides: a. an explanation for the tenant’s non-attendance or unavailability at the hearing; and b. sufficient information to enable arrangements to be made for the tenant to participate in a further hearing.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend.
The adjudicator called and spoke with a Department of Corrections representative (contact details in Resolve). That representative confirmed the tenant was imprisoned in Waikaria Prison.
The tenant has been served. No telephone number or other arrangements for the tenant’s participation were provided to the Tribunal.
A person in custody will ordinarily need to arrange their availability and access to a telephone line through the prison or contact the Tribunal Registry so that arrangements can be considered. In practice, those arrangements may be difficult to make and may require time and resources that are not readily available.
I have therefore determined the landlord’s application on the evidence available but have made an unless order so that the tenant has seven days to explain the non-attendance and seek a further hearing.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided a rent statement recording the rent charged and the payments received during the tenancy.
The statement records weekly rent charges of $90.00 and a closing debit balance of $935.72.
I am satisfied that rent arrears of $935.72 are proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant was required to leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for the tenant’s benefit. See section 40(1)(e)(ii)–(v) Residential Tenancies Act 1986.
The final inspection evidence establishes that the premises were not left reasonably clean and tidy, and that rubbish remained inside the house, outside the house, and in the shed.
The exterior rubbish included a barbecue, table and bin, together with approximately one cubic metre of other rubbish. The reasonable cost of removing those items was $179.25. Approved.
The tenant had placed a padlock on the shed. The padlock had to be removed before the shed could be cleared. The reasonable cost of removing the padlock was $14.02. Approved.
Rubbish also remained inside and around the shed. The reasonable cost of removing that rubbish was $89.62. Approved.
The floors, walls and other surfaces throughout the house required cleaning. The reasonable cost of that cleaning was $344.02. Approved.
Rubbish remained inside the house and had to be removed and disposed of. The reasonable cost was $177.35. Approved.
The kitchen cupboards required additional cleaning and scrubbing. The reasonable cost of that work was $112.60. Approved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and was more than fair wear and tear. Once that is established, the tenant must prove that they did not carelessly or intentionally cause or permit the damage. Tenants are also liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where damage is careless, the tenant’s liability is generally limited to the lesser of the landlord’s insurance excess or four weeks’ rent where the damage is insured, or four weeks’ rent where it is not insured. See section 49B(3) Residential Tenancies Act 1986.
One paling was missing from the timber fence at the end of the tenancy. The property was a new build, and the fence appears to have been in good condition at the commencement of the tenancy. Although the precise cause of the damage is unclear, I am satisfied that the paling was damaged or removed during the tenancy. The reasonable replacement cost was $19.54. Approved.
The living-room carpet had a damaged or stained area that required a patch repair. The Landlord had replacement carpet on hand. That will not always be the case, but the Landlord has taken a sensible and cost-effective step in patching the carpet. The reasonable repair cost was $49.37. Approved.
A wall in bedroom 1 required repainting because of damage and because the existing paint could not be matched. The reasonable cost of repainting that wall was $121.84 (as amended).
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 but should not be placed in a better position.
The landlord has substantially succeeded in the application. The tenant must reimburse the landlord for the $28.00 application fee.

Order

The tenant must pay the landlord $2,071.33, calculated as follows: DescriptionAmount Rent arrears$935.72 Remove barbecue, table, bin and other rubbish from exterior$179.25 Remove tenant’s padlock from shed$14.02 Remove rubbish from shed and surrounding exterior area$89.62 Replace missing timber fence paling$19.54 Clean floors, walls and surfaces throughout house$344.02 Remove and dispose of rubbish from inside house$177.35 Patch damaged carpet in living room$49.37 Clean and scrub kitchen cupboards$112.60 Repaint damaged wall in bedroom 1 [as amended] $121.84 Reimbursement of application fee$28.00 Total$2,071.33
This order will become final seven (7) days after the date of the order unless, within that period, the tenant applies to have the matter brought back before the Tribunal and provides: a. an explanation for the tenant’s non-attendance or unavailability at the hearing; and b. sufficient information to enable arrangements to be made for the tenant to participate in a further hearing.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend.
The adjudicator called and spoke with a Department of Corrections representative (contact details in Resolve). That representative confirmed the tenant was imprisoned in Waikaria Prison.
The tenant has been served. No telephone number or other arrangements for the tenant’s participation were provided to the Tribunal.
A person in custody will ordinarily need to arrange their availability and access to a telephone line through the prison or contact the Tribunal Registry so that arrangements can be considered. In practice, those arrangements may be difficult to make and may require time and resources that are not readily available.
I have therefore determined the landlord’s application on the evidence available but have made an unless order so that the tenant has seven days to explain the non-attendance and seek a further hearing.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided a rent statement recording the rent charged and the payments received during the tenancy.
The statement records weekly rent charges of $90.00 and a closing debit balance of $935.72.
I am satisfied that rent arrears of $935.72 are proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant was required to leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for the tenant’s benefit. See section 40(1)(e)(ii)–(v) Residential Tenancies Act 1986.
The final inspection evidence establishes that the premises were not left reasonably clean and tidy, and that rubbish remained inside the house, outside the house, and in the shed.
The exterior rubbish included a barbecue, table and bin, together with approximately one cubic metre of other rubbish. The reasonable cost of removing those items was $179.25. Approved.
The tenant had placed a padlock on the shed. The padlock had to be removed before the shed could be cleared. The reasonable cost of removing the padlock was $14.02. Approved.
Rubbish also remained inside and around the shed. The reasonable cost of removing that rubbish was $89.62. Approved.
The floors, walls and other surfaces throughout the house required cleaning. The reasonable cost of that cleaning was $344.02. Approved.
Rubbish remained inside the house and had to be removed and disposed of. The reasonable cost was $177.35. Approved.
The kitchen cupboards required additional cleaning and scrubbing. The reasonable cost of that work was $112.60. Approved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and was more than fair wear and tear. Once that is established, the tenant must prove that they did not carelessly or intentionally cause or permit the damage. Tenants are also liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Where damage is careless, the tenant’s liability is generally limited to the lesser of the landlord’s insurance excess or four weeks’ rent where the damage is insured, or four weeks’ rent where it is not insured. See section 49B(3) Residential Tenancies Act 1986.
One paling was missing from the timber fence at the end of the tenancy. The property was a new build, and the fence appears to have been in good condition at the commencement of the tenancy. Although the precise cause of the damage is unclear, I am satisfied that the paling was damaged or removed during the tenancy. The reasonable replacement cost was $19.54. Approved.
The living-room carpet had a damaged or stained area that required a patch repair. The Landlord had replacement carpet on hand. That will not always be the case, but the Landlord has taken a sensible and cost-effective step in patching the carpet. The reasonable repair cost was $49.37. Approved.
A wall in bedroom 1 required repainting because of damage and because the existing paint could not be matched. The reasonable cost of repainting that wall was $121.84 (as amended).
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 but should not be placed in a better position.
The landlord has substantially succeeded in the application. The tenant must reimburse the landlord for the $28.00 application fee.

Tenancy Tribunal case 5515369 — Rent arrears at 4A Ruth Street, Fordlands, Rotorua 3015

Tenancy Tribunal case 5515369 — Rent arrears at 4A Ruth Street, Fordlands, Rotorua 3015

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?

Property management

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?

Property management