What was the outcome of Tenancy Tribunal case 4622870?

The tribunal order states: The order made on 6 September under this application is set aside

How much money was awarded in case 4622870?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,276.43 awarded to landlord

What type of tenancy dispute was case 4622870?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4622870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9609939-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4622870?

The tribunal order states: The order made on 6 September under this application is set aside

How much money was awarded in case 4622870?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,276.43 awarded to landlord

What type of tenancy dispute was case 4622870?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4622870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9609939-Tenancy_Tribunal_Order.pdf.

The Cottage, 3 Glenmore Avenue, Casebrook, Christchurch Tenancy Tribunal Case 4622870 — Rent arrears

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The Cottage, 3 Glenmore Avenue, Casebrook, Christchurch Tenancy Tribunal Case 4622870 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4622870 — net $3,526.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$3,276.43	Rent arrears to 26 June 2023
Carpet Cleaning	$230.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,526.87
Total payable by Tenant to Landlord	$3,526.87

Claims and awards for application 4622870 — net $3,526.87 NZD. Verify on MoJ.

Rent arrears to 26 June 2023

Amount: $3,276.43
Awarded to: Landlord
Reason: Rent arrears to 26 June 2023

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,526.87

Total payable by Tenant to Landlord

Landlord $3,526.87

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

The order made on 6 September under this application is set aside
Victoria Rose Wood must pay George Salter as Trustee of The Nicoll Salter Trading Trust $3,526.87 immediately, calculated as shown in the table below.
The claim for exemplary damages is dismissed.

Reasons

Mr Salter and Ms Hazel Nicholl attended the hearing by telephone. The tenant did not attend. The call to her at the time of the hearing went to voicemail.
The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
There was a hearing on 9 September and following the landlord filing further evidence the application was dismissed. The claims for rent arrears and the cost of carpet cleaning were dismissed because I was satisfied that the premises were unlawful residential premises and therefore s78A of the Residential Tenancies Act 1986 applied. The claim for exemplary damages for interference with a smoke alarm was dismissed for lack of evidence.
The landlord has applied for a rehearing on the ground of new evidence. I accept that the new evidence shows that the premises were not unlawful. They met the council’s criteria for use as a private rental property without resource consent.
I have therefore set aside the order made on 26 September dismissing the application and made this order in its place. Rent
The tenancy ended on 26 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered. Carpet Cleaning
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
The tenant did not leave the premises reasonably clean and tidy. Carpet in the premises was stained.
The amount ordered was proved by the production of photographs and an estimate. Exemplary Damages
I was not satisfied on the evidence that the tenant removed a smoke alarm during the tenancy and so this claim is dismissed. Filing Fee
The landlord has had substantial success and so I have awarded the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4622870 — net $3,526.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$3,276.43	Rent arrears to 26 June 2023
Carpet Cleaning	$230.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,526.87
Total payable by Tenant to Landlord	$3,526.87

Claims and awards for application 4622870 — net $3,526.87 NZD. Verify on MoJ.

Rent arrears to 26 June 2023

Amount: $3,276.43
Awarded to: Landlord
Reason: Rent arrears to 26 June 2023

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,526.87

Total payable by Tenant to Landlord

Landlord $3,526.87

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

The order made on 6 September under this application is set aside
Victoria Rose Wood must pay George Salter as Trustee of The Nicoll Salter Trading Trust $3,526.87 immediately, calculated as shown in the table below.
The claim for exemplary damages is dismissed.

Reasons

Mr Salter and Ms Hazel Nicholl attended the hearing by telephone. The tenant did not attend. The call to her at the time of the hearing went to voicemail.
The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
There was a hearing on 9 September and following the landlord filing further evidence the application was dismissed. The claims for rent arrears and the cost of carpet cleaning were dismissed because I was satisfied that the premises were unlawful residential premises and therefore s78A of the Residential Tenancies Act 1986 applied. The claim for exemplary damages for interference with a smoke alarm was dismissed for lack of evidence.
The landlord has applied for a rehearing on the ground of new evidence. I accept that the new evidence shows that the premises were not unlawful. They met the council’s criteria for use as a private rental property without resource consent.
I have therefore set aside the order made on 26 September dismissing the application and made this order in its place. Rent
The tenancy ended on 26 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered. Carpet Cleaning
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
The tenant did not leave the premises reasonably clean and tidy. Carpet in the premises was stained.
The amount ordered was proved by the production of photographs and an estimate. Exemplary Damages
I was not satisfied on the evidence that the tenant removed a smoke alarm during the tenancy and so this claim is dismissed. Filing Fee
The landlord has had substantial success and so I have awarded the filing fee.

Tenancy Tribunal case 4622870 — Rent arrears at The Cottage, 3 Glenmore Avenue, Casebrook, Christchurch

At a glance

Tenancy Tribunal case 4622870 — Rent arrears at The Cottage, 3 Glenmore Avenue, Casebrook, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions