How much money was awarded in case 4605550?

Advertising: $165.60 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $1,485.71 awarded to landlord; Power Reconnection: $175.00 awarded to landlord; Property Damage: $393.02 awarded to landlord; Rent Arrears: $4,364.29 awarded to landlord; Rubbish Removal: $2,118.99 awarded to landlord

What type of tenancy dispute was case 4605550?

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

Where can I read the official tribunal order for case 4605550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317090-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4605550?

Advertising: $165.60 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $1,485.71 awarded to landlord; Power Reconnection: $175.00 awarded to landlord; Property Damage: $393.02 awarded to landlord; Rent Arrears: $4,364.29 awarded to landlord; Rubbish Removal: $2,118.99 awarded to landlord

What type of tenancy dispute was case 4605550?

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

Where can I read the official tribunal order for case 4605550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317090-Tenancy_Tribunal_Order.pdf.

10 Beechwood Drive, Northwood, Christchurch 8051 Tenancy Tribunal Case 4605550 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4605550?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4605550 — net $7,103.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2023	$4,364.29	Rent arrears to 21 June 2023
Compensation for lost rent 22 June to 7 July 2023	$1,485.71	Compensation for lost rent 22 June to 7 July 2023
Lock/key replacement and keys	$393.02	Lock/key replacement and keys
Power reconnection	$175.00	Power reconnection
Advertising	$165.60	Advertising
Carpet Cleaning	$180.00	Carpet Cleaning
Rubbish removal, carpet cleaning and repairs	$2,118.99	Rubbish removal, carpet cleaning and repairs
Filing fee	$20.44	Filing fee
Net award	$7,103.05
Total payable by Tenant to Landlord	$7,103.05

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

Shaun Collis must pay Rata Property Management Services Limited $7,103.05 immediately, calculated as shown in the table below.

The landlord’s claims are otherwise dismissed.

The Bond Centre is to pay the bond of $1,800.00 (5366434-005) to Rata Property Management Services Limited immediately.

Reasons

Mr Withers and Ms Blyth attended the hearing for the landlord. The tenant did not attend. I am satisfied that the tenant received notice of the hearing by email.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The tenancy began on 2 December 2022 for a one-year fixed term. Rent was in arrears from time to time during the tenancy and they got to the point when the landlord filed an application to terminate the tenancy.

There was a mediation and a mediated order for conditional termination was made on 6 June 2023. It required the tenant to pay rent and a contribution to the arrears from 9 June. The tenant did not make any payment.

The landlord issued a warrant of possession and before the Bailiff had served the notice of eviction, they attended the premises on 21 June. They found that the tenant’s furniture had been removed and assumed that the tenant had vacated the premises. They then took possession of the premises and cancelled the bailiff’s appointment.

The tenant later complained about the landlord’s actions. When he was asked what he wanted the landlord to do with what he had left in the premises, he said that the landlord could dump it.

The landlord advertised for a new tenant and the premises were re-tenanted from 8 July. Rent

The landlord provided rent records showing rent arrears in the sum of $5,850 to 7 July. The landlord claims rent arrears to 21 June in the sum of $4,364.29 and I find that claim proved.

I have also awarded $1,485.71 rent for the period 22 June to 7 July on the basis that the tenant’s breach of his obligation to pay rent was a repudiation of the tenancy agreement which the landlord accepted. The landlord is therefore entitled to recover the loss of rent from the date of possession to the date of reletting as compensation for the tenant’s breach pursuant to ss36 and 42 of the Contracts and Commercial law Act 2027. The Tenant’s other Obligations

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.

The tenant must not carelessly of intentionally damage 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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent).

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. Claims Locks and Keys

The tenant did not return the keys to the landlord, and it was reasonable for the landlord to change the locks. The landlord produced an invoice for the lock changing and I have awarded it in full. Methamphetamine Test

The landlord tested the premises for methamphetamine residue after they took possession. They did not produce evidence of the result of the testing but said that the result was positive at a level below the New Zealand standard of

5μg/100cm². They said that because it was positive, and it was reasonable for them to test the premises, and they should be able to recover the cost of the testing.

I disagree. Their evidence for their suspicion of drug use in the premises during the tenancy was hearsay and vague. There was no real evidence of drug use during the tenancy.

There was no test before the tenancy and so no benchmark for contamination for comparison with the end of tenancy test result. The premises may have been contaminated before the tenancy began.

The level of contamination claimed to have been found was below even the NZ Standard level which is well below the level that I would apply. It is inconsequential.

The result is that there is no evidence of drug use during the tenancy and therefore no reason why the tenant should pay for the testing. The landlord now has a benchmark for the current tenancy which is what they should have had for this tenancy in the first place. The claim is therefore dismissed. Power Reconnection

Tenants must pay for power used at the premises during the tenancy. The tenant did not pay his power bill and the power was disconnected. The landlord has had to pay $170 to reconnect the power for the new tenant and the tenant must therefore compensate the landlord for that expense. Property Management Fees

The landlord claimed $1,840 for property management fees arising from the tenant’s breach of his obligations relating to rent and end of tenancy obligations.

Some of those fees relate to the proceedings in this Tribunal. Section 102 of the Residential Tenancies Act 1986 (the Act) provides for an award of costs in limited circumstances. None of those circumstances apply here. Therefore, there is no basis to award costs in relation to the proceedings.

The landlord has since provided details of its costs relating only to the tenant’s breach of his obligations. The Tribunal tends not to award such costs. The legal basis for that is questionable, but the justification seems to be that it would open the way for landlords to claim costs every time the tenant was in breach such as for rent arrears. The Tribunal therefore regards such costs as part of the general expenses of being a residential landlord.

My approach is not generally to award such costs but to consider them in a case where the burden on the landlord arising from the tenant’s breach has been exceptionally onerous. That is not the case here.

I also take note of the fact that the landlord has taken possession of the premises without the tenant’s consent and without going through the District Court enforcement process. That is a breach of ss63 and 106 of the Act.

It is possible that if the landlord had followed the Court process, the tenant may have complied with some or all his end of tenancy obligations. He has not attended to argue that point, and possibly the landlord’s actions have favoured him, but it is appropriate to consider it in relation to the claim for management costs.

The claim for the landlord’s management expenses arising from the tenant’s breach is therefore dismissed. Advertising

The landlord claims the cost of advertising the premises for rent. The tenancy ended early due to the tenant’s breach and so I have awarded the cost as claimed. Carpet Cleaning

I accept that the carpet needed professional cleaning at the end of the tenancy. The amount incurred and claimed is reasonable and so I have awarded it. Cleaning, Rubbish Removal and Repairs

The landlord produced an invoice for rubbish, removal, cleaning, repairs and garden work in the sum of $2,118.99. The premises were not left reasonably clean and tidy, rubbish was left and there was damage to the premises during the tenancy that exceeded fair wear and tear. There was a hole in one wall and the letter box was damaged.

I am satisfied that the cost of the work needed is reasonable and so I have awarded it in full. Filing Fee

The landlord has been substantially successful and so I have awarded the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4605550 — net $7,103.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 June 2023	$4,364.29	Rent arrears to 21 June 2023
Compensation for lost rent 22 June to 7 July 2023	$1,485.71	Compensation for lost rent 22 June to 7 July 2023
Lock/key replacement and keys	$393.02	Lock/key replacement and keys
Power reconnection	$175.00	Power reconnection
Advertising	$165.60	Advertising
Carpet Cleaning	$180.00	Carpet Cleaning
Rubbish removal, carpet cleaning and repairs	$2,118.99	Rubbish removal, carpet cleaning and repairs
Filing fee	$20.44	Filing fee
Net award	$7,103.05
Total payable by Tenant to Landlord	$7,103.05