What was the outcome of Tenancy Tribunal case 4605372?

The tribunal order states: Sarah Provan must pay Matthew Douglas Easton $3,608.46 immediately,

How much money was awarded in case 4605372?

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

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

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10095424-Tribunal_Order.pdf.

The tribunal order states: Sarah Provan must pay Matthew Douglas Easton $3,608.46 immediately,

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

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

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10095424-Tribunal_Order.pdf.

Sarah Provan must pay Matthew Douglas Easton $3,608.46 immediately, calculated as shown in table below.
The claim for compensation for damage is dismissed.
The Bond Centre is to pay the bond of $2640.00 (3261368-016) to Matthew Douglas Easton immediately. DescriptionLandlord Rent arrears to 3 February 2023$5,940.00 Water rates to end of tenancy$34.53 Lock/key replacement$53.49 Rubbish removal$110.00 Cleaning: Deck, landing and carpet spots 3 hours x $30 per hour $90.00 Filing fee reimbursement$20.44 Total award$6,248.46 Bond$2,640.00 Total payable by Tenant to Landlord$3,608.46

The applicant attended the hearing which took place by teleconference. The tenant was called on the work number provided in Australia but the person who answered the phone advised she was not at work today.
The hearing was adjourned for the documents to be sent to the tenant by tracked courier. The notes record that this has been effected.
This was a fixed term tenancy for unit to end on 3 February 2023. A change of tenant was entered in to on 12 September 2022 and Sarah Provan took over the remainder of the tenancy. The landlord advised that the tenant left the premises before the end of the tenancy but no agreement was entered in to to reduce the fixed term.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The onus is on the party who is making a claim to prove it on the balance of probabilities, in this case that is the landlord.

The tenancy ended on 3 February 2023. The landlord sent a letter to the tenant at the end of the tenancy on 3 February 2023 stating that the arrears owed to 13 January 2023 were $3960.00 and a further $1980.00 was owed to 3 February 2023. This totals $5940.00. This letter was included in the landlord evidence that was sent to the tenant. On 15 March 2024 the landlord provided a revised rent summary seeking rent arrears of $7260.00. As the amount notified to the tenant at the end of the tenancy and served on the tenant is $5940.00 the Tribunal orders this amount in rent arrears. The landlord has provided a water rates invoice which prove the amount owing 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 premises reasonably clean and tidy. The landlord provided evidence that the deck and landing were left dirty and of spots on the carpet. The landlord did their own cleaning and the amount of $ 90.00 being 3 hours at $30.00 per hour is ordered. The landlord also sought further cleaning costs but did not provide sufficient evidence to prove this.
The tenant did not remove all rubbish. The landlord provided photographs of the rubbish left behind inside and outside the premises. The amount of $110.00 is ordered for the landlord’s time at $30.00 per hour for rubbish removal.
The tenant did not return the keys. An invoice for the lock was provided in the sum of $23.49. The landlord did the repair himself and the amount of $30.00 for one hour labour is ordered. The total of $53.49 is ordered.
The landlord stated that an indoor plant provided at the beginning of the tenancy was removed at the end of the tenancy. However, there is no mention of this in the tenancy agreement and no entry inspection photographs were provided. The Tribunal is not satisfied that the landlord has proved this claim on the balance of probabilities.

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.
When considering a claim for compensation for damage the Tribunal considers evidence of the premises before the tenancy commenced, evidence of the damage claimed, evidence of the cost to remedy the damage and if a claim of careless damage is proved, and the landlord is insured, evidence of the insurance excess.
The landlord claims that the following damage was caused during the tenancy: damage to toilet seat, damage to kitchen benchtop, a planter was left on the deck, damage to fridge, damage to laundry tap, damage to window stay and bathroom wall paintwork. However, insufficient evidence was provided to prove these claims to the required standard as no entry inspection report was provided and/or no invoice was provided for the work done to remedy.
The damage claims are therefore dismissed. Filing fee
Because Matthew Douglas Easton has substantially succeeded with the claim I have reimbursed the filing fee.