How much money was awarded in case 4660429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $971.43 awarded to landlord

What type of tenancy dispute was case 4660429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4660429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647377-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4660429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $971.43 awarded to landlord

What type of tenancy dispute was case 4660429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4660429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647377-Tenancy_Tribunal_Order.pdf.

35 Freyberg Street, Wairoa, Wairoa 4108 Tenancy Tribunal Case 4660429 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4660429?

The tribunal order states: Pirihia Jordon to pay Property Brokers Limited As Agent For Johan Booyens

Order

Claims and awards in Tenancy Tribunal application 4660429 — net $991.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$971.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$991.87
Bond	$1,600.00
Total payable by Tenant to Landlord	$991.87

Pirihia Jordon to pay Property Brokers Limited As Agent For Johan Booyens $991.87 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,600.00 (3554419-008) immediately apportioned as follows: Property Brokers Limited As Agent For Johan Booyens: $991.87 Pirihia Jordon: $608.13

The landlord’s claim for carpet cleaning is dismissed.

Reasons

Both parties attended the hearing which was held by telephone.

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 12 March 2023. The landlord provided rent records which prove the amount of $971.43 owing at the end of the tenancy.

The tenant stopped paying rent in February 2023. The tenant says that this was because of the effects of cyclone Gabrielle.

Section 59(4) RTA provides: (4) Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable, — (a) the rent shall abate accordingly; and (b) either party may apply to the Tribunal for an order terminating the tenancy, and the Tribunal may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.

The first issue is whether the premises were destroyed, or so seriously damaged (in whole or in part) as to be uninhabitable. If they were, the second issue is the degree to which rent should abate.

The RTA does not define the word uninhabitable. However, District Court case law provides a range of factors that the tribunal should consider, such as: a. Whether premises are uninhabitable will be decided on a case-by-case basis: there is no statutory definition or test of uninhabitability. b. The Tribunal will want to know what damage was caused to the premises by the cyclone event and what effects it has had on the tenant. c. In making its finding on uninhabitability, the Tribunal should take a liberal approach. d. Uninhabitability should be assessed in the light of prevailing conditions and expectations of the particular community at the particular time.

In this instance the home was not flooded by the cyclone waters. There was a substantial amount of silt around the property, but there is no evidence of water entering the home or of damage preventing habitation.

Based on the evidence presented at the hearing, I was not satisfied that the rent should abate.

I award the rent claimed of $971.43.

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, 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 landlord claims that tenant did not leave the premises reasonably clean and tidy in that the carpet had to be cleaned at a cost of $516.00.

The landlord did not establish that it is more likely than not that the carpet had to be cleaned because of any breach by the tenant. The photographs provided by the landlord did not clearly show the alleged staining. The tenant said that the carpet smelt following the cyclone and with the silt build up around and under the house.

The claim for carpet cleaning is dismissed.

As the landlord was partially successful, I have awarded reimbursement of the tribunal application fee.

Claims and awards in Tenancy Tribunal application 4660429 — net $991.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$971.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$991.87
Bond	$1,600.00
Total payable by Tenant to Landlord	$991.87

Order

Pirihia Jordon to pay Property Brokers Limited As Agent For Johan Booyens $991.87 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (3554419-008) immediately apportioned as follows: Property Brokers Limited As Agent For Johan Booyens: $991.87 Pirihia Jordon: $608.13
The landlord’s claim for carpet cleaning is dismissed.

Reasons

Both parties attended the hearing which was held by telephone.
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 12 March 2023. The landlord provided rent records which prove the amount of $971.43 owing at the end of the tenancy.
The tenant stopped paying rent in February 2023. The tenant says that this was because of the effects of cyclone Gabrielle.
Section 59(4) RTA provides: (4) Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable, — (a) the rent shall abate accordingly; and (b) either party may apply to the Tribunal for an order terminating the tenancy, and the Tribunal may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.
The first issue is whether the premises were destroyed, or so seriously damaged (in whole or in part) as to be uninhabitable. If they were, the second issue is the degree to which rent should abate.
The RTA does not define the word uninhabitable. However, District Court case law provides a range of factors that the tribunal should consider, such as: a. Whether premises are uninhabitable will be decided on a case-by-case basis: there is no statutory definition or test of uninhabitability. b. The Tribunal will want to know what damage was caused to the premises by the cyclone event and what effects it has had on the tenant. c. In making its finding on uninhabitability, the Tribunal should take a liberal approach. d. Uninhabitability should be assessed in the light of prevailing conditions and expectations of the particular community at the particular time.
In this instance the home was not flooded by the cyclone waters. There was a substantial amount of silt around the property, but there is no evidence of water entering the home or of damage preventing habitation.
Based on the evidence presented at the hearing, I was not satisfied that the rent should abate.
I award the rent claimed of $971.43.

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, 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 landlord claims that tenant did not leave the premises reasonably clean and tidy in that the carpet had to be cleaned at a cost of $516.00.
The landlord did not establish that it is more likely than not that the carpet had to be cleaned because of any breach by the tenant. The photographs provided by the landlord did not clearly show the alleged staining. The tenant said that the carpet smelt following the cyclone and with the silt build up around and under the house.
The claim for carpet cleaning is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the tribunal application fee.

Tenancy Tribunal case 4660429 — Rent arrears at 35 Freyberg Street, Wairoa, Wairoa 4108

At a glance

Tenancy Tribunal case 4660429 — Rent arrears at 35 Freyberg Street, Wairoa, Wairoa 4108

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions