What was the outcome of Tenancy Tribunal case 4708369?

The tribunal order states: Jane Wolfgramm must pay Village Estate Agents Limited trading as Village

How much money was awarded in case 4708369?

Cleaning: $390.00 awarded to landlord; Cleaning: $495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,696.25 awarded to landlord; Rent Arrears: $3,012.86 awarded to landlord

What type of tenancy dispute was case 4708369?

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

Where can I read the official tribunal order for case 4708369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9958120-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4708369?

The tribunal order states: Jane Wolfgramm must pay Village Estate Agents Limited trading as Village

How much money was awarded in case 4708369?

Cleaning: $390.00 awarded to landlord; Cleaning: $495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,696.25 awarded to landlord; Rent Arrears: $3,012.86 awarded to landlord

What type of tenancy dispute was case 4708369?

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

Where can I read the official tribunal order for case 4708369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9958120-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 10 Ruru Street, Eden Terrace, Auckland 1021 Tenancy Tribunal Case 4708369 — Rent arrears

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Unit/Flat 3, 10 Ruru Street, Eden Terrace, Auckland 1021 Tenancy Tribunal Case 4708369 — 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 4708369 — net $3,334.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 September 2023	$3,012.86	Rent arrears to 9 September 2023
Carpet cleaning	$390.00	Carpet cleaning
Repairs to walls	$1,696.25	Repairs to walls
Cleaning	$495.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,334.55
Total payable by Tenant to Landlord	$3,334.55

Claims and awards for application 4708369 — net $3,334.55 NZD. Verify on MoJ.

Rent arrears to 9 September 2023

Amount: $3,012.86
Awarded to: Landlord
Reason: Rent arrears to 9 September 2023

Carpet cleaning

Amount: $390.00
Awarded to: Landlord
Reason: Carpet cleaning

Repairs to walls

Amount: $1,696.25
Awarded to: Landlord
Reason: Repairs to walls

Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Jane Wolfgramm must pay Village Estate Agents Limited trading as Village Rentals and Property Management as agent for Collette Dumont $3,334.55 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,280.00 (5031767-004) to Village Estate Agents Limited trading as Village Rentals and Property Management as agent for Collette Dumont immediately.

Reasons

Ms Gonthier represented the landlord. The tenant did not attend the hearing.
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 9 September 2023, following an agreement reached at mediation. The landlord provided rent records which prove the amount of rent 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 security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The carpets had to be cleaned to remove stains. The premises were a 3-storey town house.
The amounts ordered are proved by photos and invoices and by the evidence Ms Gonthier gave at the hearing.

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. See sections 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 (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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: there were numerous marks and gouges on walls that need to be repaired and repainted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of the damage is proved by photos and the evidence Ms Gonthier gave at the hearing.
I have not applied any deduction for betterment or depreciation. The premises were newly decorated before the tenancy started in March 2022.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

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 4708369 — net $3,334.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 September 2023	$3,012.86	Rent arrears to 9 September 2023
Carpet cleaning	$390.00	Carpet cleaning
Repairs to walls	$1,696.25	Repairs to walls
Cleaning	$495.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,334.55
Total payable by Tenant to Landlord	$3,334.55

Claims and awards for application 4708369 — net $3,334.55 NZD. Verify on MoJ.

Rent arrears to 9 September 2023

Amount: $3,012.86
Awarded to: Landlord
Reason: Rent arrears to 9 September 2023

Carpet cleaning

Amount: $390.00
Awarded to: Landlord
Reason: Carpet cleaning

Repairs to walls

Amount: $1,696.25
Awarded to: Landlord
Reason: Repairs to walls

Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Jane Wolfgramm must pay Village Estate Agents Limited trading as Village Rentals and Property Management as agent for Collette Dumont $3,334.55 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,280.00 (5031767-004) to Village Estate Agents Limited trading as Village Rentals and Property Management as agent for Collette Dumont immediately.

Reasons

Ms Gonthier represented the landlord. The tenant did not attend the hearing.
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 9 September 2023, following an agreement reached at mediation. The landlord provided rent records which prove the amount of rent 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 security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The carpets had to be cleaned to remove stains. The premises were a 3-storey town house.
The amounts ordered are proved by photos and invoices and by the evidence Ms Gonthier gave at the hearing.

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. See sections 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 (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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: there were numerous marks and gouges on walls that need to be repaired and repainted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of the damage is proved by photos and the evidence Ms Gonthier gave at the hearing.
I have not applied any deduction for betterment or depreciation. The premises were newly decorated before the tenancy started in March 2022.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4708369 — Rent arrears at Unit/Flat 3, 10 Ruru Street, Eden Terrace, Auckland 1021

At a glance

Tenancy Tribunal case 4708369 — Rent arrears at Unit/Flat 3, 10 Ruru Street, Eden Terrace, Auckland 1021

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