What was the outcome of Tenancy Tribunal case 4663529?

The tribunal order states: Melissa May Knowles must pay Prestige Property Management Limited - as

How much money was awarded in case 4663529?

Break Lease Costs: $595.70 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $118.56 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Rubbish Removal: $101.20 awarded to landlord; Toilet Seat: $80.00 awarded to landlord; Towel Rail: $414.00 awarded to landlord

What type of tenancy dispute was case 4663529?

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

Where can I read the official tribunal order for case 4663529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576198-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4663529?

The tribunal order states: Melissa May Knowles must pay Prestige Property Management Limited - as

How much money was awarded in case 4663529?

Break Lease Costs: $595.70 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $118.56 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Rubbish Removal: $101.20 awarded to landlord; Toilet Seat: $80.00 awarded to landlord; Towel Rail: $414.00 awarded to landlord

What type of tenancy dispute was case 4663529?

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

Where can I read the official tribunal order for case 4663529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576198-Tenancy_Tribunal_Order.pdf.

41A Stonebrook Drive, Rolleston, Rolleston 7614 Tenancy Tribunal Case 4663529 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4663529 — net $2,423.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 May 2023	$680.00	Rent arrears to 5 May 2023
Break lease costs	$595.70	Break lease costs
Toilet seat	$80.00	Toilet seat
Cleaning	$414.00	Cleaning
Towel rail	$414.00	Towel rail
Painting	$118.56	Painting
Rubbish removal	$101.20	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,423.90
Total payable by Tenant to Landlord	$2,423.90

Ms Bradford attended the hearing for the landlord. The tenant did not attend.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond was paid out to the tenant on her application to the Bond Centre. The landlord states that she did not receive any notice from the Bond Centre of the tenant’s application otherwise she would have opposed it. That is an issue for the landlord to resolve with the Bond Centre. Rent

The tenancy ended on 5 May 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as awarded. Cleaning and Rubbish Removal

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish

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

The amounts ordered for cleaning and rubbish removal were proved by the production of photographs and invoices. Damage

The tenant must not carelessly or 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. Tenants are liable for the actions of people at the premises with their permission.

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). See section 49B(3)(a) RTA.

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.

There was damage to the premises during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The toilet seat was broken, the towel rail was pulled from the wall and there was damage to walls.

The amounts ordered for repairs and painting were proved by the production of photographs and invoices. Break Lease

The tenant asked to be released early from the fixed term tenancy agreement and signed a break lease agreement with the landlord. The landlord found a new tenant and has incurred costs.

Section 44A of the Residential Tenancies Act 1986 (the Act) entitles the landlord to recover the expenses reasonably incurred by the landlord in respect of early termination of a fixed term tenancy. The expenses claimed by the landlord are reasonable and so I have awarded them. Exemplary Damages

The application claimed exemplary damages for the tenant wrongly obtaining the bond money from the Bond Centre. This was not pursed at the hearing but for completeness, no award could be made because there was no evidence of illegality and even if there had been, the Act does not provide for exemplary damages for such behaviour. Filing Fee

The landlord has succeeded and so I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4663529 — net $2,423.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 May 2023	$680.00	Rent arrears to 5 May 2023
Break lease costs	$595.70	Break lease costs
Toilet seat	$80.00	Toilet seat
Cleaning	$414.00	Cleaning
Towel rail	$414.00	Towel rail
Painting	$118.56	Painting
Rubbish removal	$101.20	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,423.90
Total payable by Tenant to Landlord	$2,423.90

Order

Melissa May Knowles must pay Prestige Property Management Limited - as Agent for Marlene Officer $2,423.90 immediately, calculated as shown in the table below.

Reasons

Ms Bradford attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond was paid out to the tenant on her application to the Bond Centre. The landlord states that she did not receive any notice from the Bond Centre of the tenant’s application otherwise she would have opposed it. That is an issue for the landlord to resolve with the Bond Centre. Rent
The tenancy ended on 5 May 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy as awarded. Cleaning and Rubbish Removal
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered for cleaning and rubbish removal were proved by the production of photographs and invoices. Damage
The tenant must not carelessly or 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. Tenants are liable for the actions of people at the premises with their permission.
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). See section 49B(3)(a) RTA.
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.
There was damage to the premises during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The toilet seat was broken, the towel rail was pulled from the wall and there was damage to walls.
The amounts ordered for repairs and painting were proved by the production of photographs and invoices. Break Lease
The tenant asked to be released early from the fixed term tenancy agreement and signed a break lease agreement with the landlord. The landlord found a new tenant and has incurred costs.
Section 44A of the Residential Tenancies Act 1986 (the Act) entitles the landlord to recover the expenses reasonably incurred by the landlord in respect of early termination of a fixed term tenancy. The expenses claimed by the landlord are reasonable and so I have awarded them. Exemplary Damages
The application claimed exemplary damages for the tenant wrongly obtaining the bond money from the Bond Centre. This was not pursed at the hearing but for completeness, no award could be made because there was no evidence of illegality and even if there had been, the Act does not provide for exemplary damages for such behaviour. Filing Fee
The landlord has succeeded and so I have awarded the filing fee.

Tenancy Tribunal case 4663529 — Rent arrears at 41A Stonebrook Drive, Rolleston, Rolleston 7614

At a glance

Tenancy Tribunal case 4663529 — Rent arrears at 41A Stonebrook Drive, Rolleston, Rolleston 7614

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