What was the outcome of Tenancy Tribunal case 4633269?

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

How much money was awarded in case 4633269?

21/04/2023: $775.60 awarded to landlord; Cleaning: $112.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $414.00 awarded to landlord; Net Rent Paid Since Previous Order: $201.43 awarded to tenant; Previous Order Application 4515731 D…: $4,640.43 awarded to landlord

What type of tenancy dispute was case 4633269?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4633269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473415-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4633269?

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

How much money was awarded in case 4633269?

21/04/2023: $775.60 awarded to landlord; Cleaning: $112.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $414.00 awarded to landlord; Net Rent Paid Since Previous Order: $201.43 awarded to tenant; Previous Order Application 4515731 D…: $4,640.43 awarded to landlord

What type of tenancy dispute was case 4633269?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4633269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473415-Tenancy_Tribunal_Order.pdf.

20 Barclays Road, Little River, RD 1, Little River 7591 Tenancy Tribunal Case 4633269 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4633269 — net $4,481.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4515731 dated	$4,640.43		Previous order application 4515731 dated
21/04/2023	$775.60		21/04/2023
Lawns and Garden work: including garden waste	$414.00		Lawns and Garden work: including garden waste
Cleaning	$112.50		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Net rent paid since previous order		$201.43	Net rent paid since previous order
Total award	$5,962.97	$201.43
Net award	$4,481.54
Total payable by Tenant to Landlord	$4,481.54

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

Tim Alexander Poulgrain must pay A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum $4,481.54 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,280.00 (5789166-007) to A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum immediately.

Reasons

Both parties attended the hearing. Ms McKay and Ms Edwards attended on behalf of the landlord.

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

How much is owed for rent?

The tenancy ended on 21 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

On 21 April 2023 the Tribunal made a conditional order relating to this tenancy, for rent arrears to 26 April 2023 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

Following the previous order, the tenant made some payments of rent and arrears but was unable to maintain these payments and fell into arrears again resulting in a termination of the tenancy.

The net result of these payments was a reduction of $201.43 in the arrears owing as at the date of this order. That reduction is shown as a credit to the tenant in the table above.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, and remove all rubbish under sections 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).

The tenant did not leave the premises reasonably clean and tidy in all respects and did not remove all rubbish.

Some additional clearing was required, particularly in the kitchen and bathroom. The landlord provided an invoice for $112.50 and photographic evidence to support its claim that these areas were not left reasonably clean and tidy.

The lawns and gardens were the tenant’s responsibility under the tenancy agreement. The lawns and gardens were not left in a reasonable condition at the end of the tenancy and rubbish was not removed from the property. The landlord provided an invoice for $775.60 and photographic evidence to support its claim for garden work and rubbish removal.

The amounts ordered are proved.

Is the tenant responsible for the damage to 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. Tenants are liable for the actions of people at the premises with their permission under sections 40(2)(a), 41 and 49B of the RTA.

The following damage was caused during the tenancy: damage to an upstairs lampshade and to an upstairs bedroom wall.

The landlord provided ingoing inspection photographs which showed the areas in question undamaged. Photographs of the damage were also provided thereby establishing that the damage occurred during the tenancy.

The tenant had begun repairs to the damaged bedroom wall which required additional sanding and painting. The landlord provided an invoice as evidence for the amount claimed ($414.00).

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

As A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4633269 — net $4,481.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4515731 dated	$4,640.43		Previous order application 4515731 dated
21/04/2023	$775.60		21/04/2023
Lawns and Garden work: including garden waste	$414.00		Lawns and Garden work: including garden waste
Cleaning	$112.50		Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Net rent paid since previous order		$201.43	Net rent paid since previous order
Total award	$5,962.97	$201.43
Net award	$4,481.54
Total payable by Tenant to Landlord	$4,481.54

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tim Alexander Poulgrain must pay A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum $4,481.54 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,280.00 (5789166-007) to A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum immediately.

Reasons

Both parties attended the hearing. Ms McKay and Ms Edwards attended on behalf of the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
On 21 April 2023 the Tribunal made a conditional order relating to this tenancy, for rent arrears to 26 April 2023 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.
Following the previous order, the tenant made some payments of rent and arrears but was unable to maintain these payments and fell into arrears again resulting in a termination of the tenancy.
The net result of these payments was a reduction of $201.43 in the arrears owing as at the date of this order. That reduction is shown as a credit to the tenant in the table above.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, and remove all rubbish under sections 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy in all respects and did not remove all rubbish.
Some additional clearing was required, particularly in the kitchen and bathroom. The landlord provided an invoice for $112.50 and photographic evidence to support its claim that these areas were not left reasonably clean and tidy.
The lawns and gardens were the tenant’s responsibility under the tenancy agreement. The lawns and gardens were not left in a reasonable condition at the end of the tenancy and rubbish was not removed from the property. The landlord provided an invoice for $775.60 and photographic evidence to support its claim for garden work and rubbish removal.
The amounts ordered are proved.

Is the tenant responsible for the damage to 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. Tenants are liable for the actions of people at the premises with their permission under sections 40(2)(a), 41 and 49B of the RTA.
The following damage was caused during the tenancy: damage to an upstairs lampshade and to an upstairs bedroom wall.
The landlord provided ingoing inspection photographs which showed the areas in question undamaged. Photographs of the damage were also provided thereby establishing that the damage occurred during the tenancy.
The tenant had begun repairs to the damaged bedroom wall which required additional sanding and painting. The landlord provided an invoice as evidence for the amount claimed ($414.00).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
As A1 Property Managers Limited as agent for Hiromi Morimoto and Wayne McCallum has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4633269 — Cleanliness at 20 Barclays Road, Little River, RD 1, Little River 7591

At a glance

Tenancy Tribunal case 4633269 — Cleanliness at 20 Barclays Road, Little River, RD 1, Little River 7591

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions