What was the outcome of Tenancy Tribunal case 4623574?

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

How much money was awarded in case 4623574?

Cleaning: $160.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Hole In Bedroom Wall: $546.25 awarded to landlord; Ranchslider: $138.00 awarded to landlord; Water Rates: $188.88 awarded to landlord

What type of tenancy dispute was case 4623574?

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

Where can I read the official tribunal order for case 4623574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9366995-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4623574?

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

How much money was awarded in case 4623574?

Cleaning: $160.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Hole In Bedroom Wall: $546.25 awarded to landlord; Ranchslider: $138.00 awarded to landlord; Water Rates: $188.88 awarded to landlord

What type of tenancy dispute was case 4623574?

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

Where can I read the official tribunal order for case 4623574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9366995-Tenancy_Tribunal_Order.pdf.

1A Jeeves Place, Tikipunga, Whangarei 0112 Tenancy Tribunal Case 4623574 — Rent arrears

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1A Jeeves Place, Tikipunga, Whangarei 0112 Tenancy Tribunal Case 4623574 — 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 4623574 — net $462.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 June 2023	$1,248.57		The claim for rent arrears is proven.
Repairs: Hole in bedroom wall	$546.25		Repairs: Hole in bedroom wall
Repairs: Ranchslider	$138.00		Repairs: Ranchslider
Carpet Cleaning	$160.00		The claim for carpet is fair and reasonable.
Water rates	$188.88		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released to landlord		$1,840.00	Bond released to landlord
Total award	$2,302.14	$1,840.00
Net award	$462.14
Total payable by Tenant to Landlord	$462.14

Claims and awards for application 4623574 — net $462.14 NZD. Verify on MoJ.

Rent arrears to 13 June 2023

Amount: $1,248.57
Awarded to: Landlord
Reason: The claim for rent arrears is proven.

Repairs: Hole in bedroom wall

Amount: $546.25
Awarded to: Landlord
Reason: Repairs: Hole in bedroom wall

Repairs: Ranchslider

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: Ranchslider

Carpet Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: The claim for carpet is fair and reasonable.

Water rates

Amount: $188.88
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Brad Harkness must pay Marskight Property Management Limited t/as Quinovic Property Management (as agent for Teressa & Sonya Poutai-Struginski) $462.14 immediately, calculated as shown in table below.

Reasons

This was a fixed term tenancy that was due to end on 5 November 2023.
On 16 May 2023, Mr Harkness informed the property manager that he intended to leave the property.
The owners agreed to release Mr Harkness from the tenancy on the basis of four weeks’ notice.
Mr Harkness left on 24 May 2023.
The application seeks rent arrears, water use to the end of the tenancy, carpet cleaning, and repair costs.
The hearing took place today in Whangarei. Ms Phelan and Ms van Zyl represented the landlord. There was no appearance from the tenant.
A fixed term tenancy cannot be ended by notice. Mr Harkness’ email on 16 May did not end his tenancy, or his obligation to continue paying rent.
The claim seeks rent arrears to 13 June 2023. The premises were not re-let before that date.
The claim for rent arrears is proven.
Water rates are owed for the period from 22 December 2022 to 13 June 2023. The amount claimed is proven.
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
The claim seeks $160.00 for carpet cleaning.
Ms Phelan provided photographs showing the condition of the carpet at the beginning of the tenancy and the condition at the end.
The photographs show that some additional staining occurred during this tenancy.
The claim for carpet is fair and reasonable.
There was a large hole in the wall in the bedroom.
In the absence of any other information about how it was caused, the nature of the damage suggests that it is intentional damage.
The tenant is liable for the proven repair cost.
The claim seeks $138.00 for repairs to the ranchslider.
The ranchslider was repaired in March 2023 at the landlord’s cost.
Ms Phelan submitted that after Mr Harkness vacated she found that the ranchslider was not opening and closing properly.
Whangarei Lock and Joinery Services carried out repairs at a cost of $138.00.
Whangarei Lock and Joinery Services’ invoice describes the job as: Remove ranchslider to inspect. Plastic cover from old patio bolt had jammed under rollers causing friction. Removed debris and re-hang ranchslider
I have no information about how the plastic cover came loose from the patio bolt.
My finding is that the tenant is liable for the repair cost on the grounds that the tenant has a duty of care to ensure that the ranchslider track is free from debris (howsoever it came to be there) that could cause damage to the ranchslider when it is opened and closed.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The bond has been released to the landlord.

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 4623574 — net $462.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 June 2023	$1,248.57		The claim for rent arrears is proven.
Repairs: Hole in bedroom wall	$546.25		Repairs: Hole in bedroom wall
Repairs: Ranchslider	$138.00		Repairs: Ranchslider
Carpet Cleaning	$160.00		The claim for carpet is fair and reasonable.
Water rates	$188.88		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond released to landlord		$1,840.00	Bond released to landlord
Total award	$2,302.14	$1,840.00
Net award	$462.14
Total payable by Tenant to Landlord	$462.14

Claims and awards for application 4623574 — net $462.14 NZD. Verify on MoJ.

Rent arrears to 13 June 2023

Amount: $1,248.57
Awarded to: Landlord
Reason: The claim for rent arrears is proven.

Repairs: Hole in bedroom wall

Amount: $546.25
Awarded to: Landlord
Reason: Repairs: Hole in bedroom wall

Repairs: Ranchslider

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: Ranchslider

Carpet Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: The claim for carpet is fair and reasonable.

Water rates

Amount: $188.88
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Brad Harkness must pay Marskight Property Management Limited t/as Quinovic Property Management (as agent for Teressa & Sonya Poutai-Struginski) $462.14 immediately, calculated as shown in table below.

Reasons

This was a fixed term tenancy that was due to end on 5 November 2023.
On 16 May 2023, Mr Harkness informed the property manager that he intended to leave the property.
The owners agreed to release Mr Harkness from the tenancy on the basis of four weeks’ notice.
Mr Harkness left on 24 May 2023.
The application seeks rent arrears, water use to the end of the tenancy, carpet cleaning, and repair costs.
The hearing took place today in Whangarei. Ms Phelan and Ms van Zyl represented the landlord. There was no appearance from the tenant.
A fixed term tenancy cannot be ended by notice. Mr Harkness’ email on 16 May did not end his tenancy, or his obligation to continue paying rent.
The claim seeks rent arrears to 13 June 2023. The premises were not re-let before that date.
The claim for rent arrears is proven.
Water rates are owed for the period from 22 December 2022 to 13 June 2023. The amount claimed is proven.
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
The claim seeks $160.00 for carpet cleaning.
Ms Phelan provided photographs showing the condition of the carpet at the beginning of the tenancy and the condition at the end.
The photographs show that some additional staining occurred during this tenancy.
The claim for carpet is fair and reasonable.
There was a large hole in the wall in the bedroom.
In the absence of any other information about how it was caused, the nature of the damage suggests that it is intentional damage.
The tenant is liable for the proven repair cost.
The claim seeks $138.00 for repairs to the ranchslider.
The ranchslider was repaired in March 2023 at the landlord’s cost.
Ms Phelan submitted that after Mr Harkness vacated she found that the ranchslider was not opening and closing properly.
Whangarei Lock and Joinery Services carried out repairs at a cost of $138.00.
Whangarei Lock and Joinery Services’ invoice describes the job as: Remove ranchslider to inspect. Plastic cover from old patio bolt had jammed under rollers causing friction. Removed debris and re-hang ranchslider
I have no information about how the plastic cover came loose from the patio bolt.
My finding is that the tenant is liable for the repair cost on the grounds that the tenant has a duty of care to ensure that the ranchslider track is free from debris (howsoever it came to be there) that could cause damage to the ranchslider when it is opened and closed.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The bond has been released to the landlord.

Tenancy Tribunal case 4623574 — Rent arrears at 1A Jeeves Place, Tikipunga, Whangarei 0112

At a glance

Tenancy Tribunal case 4623574 — Rent arrears at 1A Jeeves Place, Tikipunga, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions