What was the outcome of Tenancy Tribunal case 4682650?

The tribunal order states: Khan Paul must pay Boutique Rentals BOP Limited $3,265.89 immediately,

How much money was awarded in case 4682650?

Cleaning: $100.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Property Damage: $228.85 awarded to landlord; Property Damage: $160.00 awarded to landlord; Property Damage: $134.15 awarded to landlord; Rent Arrears: $4,165.00 awarded to landlord; Rubbish Removal: $332.30 awarded to landlord; Water Rates: $195.15 awarded to landlord

What type of tenancy dispute was case 4682650?

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

Where can I read the official tribunal order for case 4682650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783769-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4682650?

The tribunal order states: Khan Paul must pay Boutique Rentals BOP Limited $3,265.89 immediately,

How much money was awarded in case 4682650?

Cleaning: $100.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Property Damage: $228.85 awarded to landlord; Property Damage: $160.00 awarded to landlord; Property Damage: $134.15 awarded to landlord; Rent Arrears: $4,165.00 awarded to landlord; Rubbish Removal: $332.30 awarded to landlord; Water Rates: $195.15 awarded to landlord

What type of tenancy dispute was case 4682650?

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

Where can I read the official tribunal order for case 4682650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783769-Tenancy_Tribunal_Order.pdf.

54B Paterson Street, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4682650 — Rent arrears

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54B Paterson Street, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4682650 — 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 4682650 — net $3,265.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/10/23	$4,165.00	Rent arrears to 19/10/23
Water rates	$195.15	Water rates
Repairs	$228.85	Repairs
Rubbish removal	$332.30	Rubbish removal
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$200.00	Cleaning
Window repairs	$160.00	Window repairs
Lawns and Garden work	$110.00	Lawns and Garden work
Lock/key replacement	$134.15	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,265.89
Total payable by Tenant to Landlord	$3,265.89

Claims and awards for application 4682650 — net $3,265.89 NZD. Verify on MoJ.

Rent arrears to 19/10/23

Amount: $4,165.00
Awarded to: Landlord
Reason: Rent arrears to 19/10/23

Water rates

Amount: $195.15
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $228.85
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $332.30
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Khan Paul must pay Boutique Rentals BOP Limited $3,265.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 (3310746-011) to Boutique Rentals BOP Limited immediately.

Reasons

The landlord attended the hearing; the tenant did not attend.
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 and water rates?

The tenancy was for a fixed term. The tenancy was terminated by Tribunal order on 11 October 2023. Where a fixed term tenancy is abandoned, the landlord can claim rent up to the start of any new tenancy (or the end of the fixed term, whichever is earlier). A new tenancy started on 20 October, so rent can be claimed up to 19 October. The landlord has provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 leave all chattels (s 40(1)(e)(ii)- (v) Residential Tenancies Act 1986).
The tenant did not leave the premises reasonably clean and tidy, he did not remove all of his rubbish, and he did not return the keys. A smoke alarm was missing.
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 (ss 40(2)(a), 41 and 49B RTA).
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 (s 49B(3)(a) RTA).
There was minor damage to the premises and various fixtures had to be re-fitted, suggestive of rough treatment. This included the clothesline, a telephone adaptor, a door hinge, window stays, a hole in a wall, a gate latch, and a glass pane in the front door.
I have not allowed the claim for replacing the blinds with nets and curtains, as fair wear and tear has not been excluded.
The landlord also claimed at the hearing the insurance excess for replacing the carpet. However, as this was not included with the claim, it could not be ordered without the application being amended and the hearing adjourned.
As the landlord has succeeded with the claim, I have reimbursed the filing fee. J P Smith 20 December 2023

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 4682650 — net $3,265.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/10/23	$4,165.00	Rent arrears to 19/10/23
Water rates	$195.15	Water rates
Repairs	$228.85	Repairs
Rubbish removal	$332.30	Rubbish removal
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$200.00	Cleaning
Window repairs	$160.00	Window repairs
Lawns and Garden work	$110.00	Lawns and Garden work
Lock/key replacement	$134.15	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,265.89
Total payable by Tenant to Landlord	$3,265.89

Claims and awards for application 4682650 — net $3,265.89 NZD. Verify on MoJ.

Rent arrears to 19/10/23

Amount: $4,165.00
Awarded to: Landlord
Reason: Rent arrears to 19/10/23

Water rates

Amount: $195.15
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $228.85
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $332.30
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Khan Paul must pay Boutique Rentals BOP Limited $3,265.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 (3310746-011) to Boutique Rentals BOP Limited immediately.

Reasons

The landlord attended the hearing; the tenant did not attend.
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 and water rates?

The tenancy was for a fixed term. The tenancy was terminated by Tribunal order on 11 October 2023. Where a fixed term tenancy is abandoned, the landlord can claim rent up to the start of any new tenancy (or the end of the fixed term, whichever is earlier). A new tenancy started on 20 October, so rent can be claimed up to 19 October. The landlord has provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

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 leave all chattels (s 40(1)(e)(ii)- (v) Residential Tenancies Act 1986).
The tenant did not leave the premises reasonably clean and tidy, he did not remove all of his rubbish, and he did not return the keys. A smoke alarm was missing.
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 (ss 40(2)(a), 41 and 49B RTA).
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 (s 49B(3)(a) RTA).
There was minor damage to the premises and various fixtures had to be re-fitted, suggestive of rough treatment. This included the clothesline, a telephone adaptor, a door hinge, window stays, a hole in a wall, a gate latch, and a glass pane in the front door.
I have not allowed the claim for replacing the blinds with nets and curtains, as fair wear and tear has not been excluded.
The landlord also claimed at the hearing the insurance excess for replacing the carpet. However, as this was not included with the claim, it could not be ordered without the application being amended and the hearing adjourned.
As the landlord has succeeded with the claim, I have reimbursed the filing fee. J P Smith 20 December 2023

Tenancy Tribunal case 4682650 — Rent arrears at 54B Paterson Street, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 4682650 — Rent arrears at 54B Paterson Street, Mount Maunganui, Mount Maunganui

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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