What was the outcome of Tenancy Tribunal case 4712649?

The tribunal order states: Te Aroha Roimata Wallace must pay Jaquiery Ventures Limited $2,746.12

How much money was awarded in case 4712649?

Cleaning: $345.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Arrears: $3,115.68 awarded to landlord; Hairbrush From Fireplace: $50.00 awarded to landlord; Replace Furnishings: Shower Curtain: $10.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4712649?

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

Where can I read the official tribunal order for case 4712649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755123-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4712649?

The tribunal order states: Te Aroha Roimata Wallace must pay Jaquiery Ventures Limited $2,746.12

How much money was awarded in case 4712649?

Cleaning: $345.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Arrears: $3,115.68 awarded to landlord; Hairbrush From Fireplace: $50.00 awarded to landlord; Replace Furnishings: Shower Curtain: $10.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4712649?

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

Where can I read the official tribunal order for case 4712649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755123-Tenancy_Tribunal_Order.pdf.

12 Stirling Street, Levin, Levin 5510 Tenancy Tribunal Case 4712649 — Rent arrears

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12 Stirling Street, Levin, Levin 5510 Tenancy Tribunal Case 4712649 — 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 4712649 — net $2,746.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/11/23	$3,115.68	Rent arrears to 13/11/23
Lock/key replacement	$60.00	Lock/key replacement
Replace furnishings: shower curtain	$10.00	Replace furnishings: shower curtain
Rubbish removal: & cut lawns	$300.00	Rubbish removal: & cut lawns
Carpet Cleaning	$345.00	Carpet Cleaning
Cleaning	$400.00	Cleaning
Rubbish removal: tip fees & truck hire	$345.00	Rubbish removal: tip fees & truck hire
Repairs: hairbrush from fireplace	$50.00	Repairs: hairbrush from fireplace
Oven/stove cleaning	$100.00	Oven/stove cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,746.12
Total payable by Tenant to Landlord	$2,746.12

Claims and awards for application 4712649 — net $2,746.12 NZD. Verify on MoJ.

Rent arrears to 13/11/23

Amount: $3,115.68
Awarded to: Landlord
Reason: Rent arrears to 13/11/23

Lock/key replacement

Amount: $60.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: shower curtain

Amount: $10.00
Awarded to: Landlord
Reason: Replace furnishings: shower curtain

Rubbish removal: & cut lawns

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal: & cut lawns

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Te Aroha Roimata Wallace must pay Jaquiery Ventures Limited $2,746.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (3337577-021) to Jaquiery Ventures Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Crane. Telephone calls were made to the number provided for the tenant at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
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 13 November 2023 on tenant notice. The landlord provided rent records which prove the amount 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 landlord established in oral and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to remove a hairbrush that had melted onto the fireplace and replace a shower curtain that was riddled in mould.
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.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
I am satisfied that it has been proven that the damage occurred during the tenancy and more likely than not was a result of careless tenant actions. Accordingly, the tenant is liable for the repair/replacement costs. The amount claimed for the shower curtain has been reduced slightly to take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the curtain at the start of the tenancy and their likely useful lifespan.
Because Jaquiery Ventures Limited has wholly succeeded with the claim I must reimburse the 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 4712649 — net $2,746.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/11/23	$3,115.68	Rent arrears to 13/11/23
Lock/key replacement	$60.00	Lock/key replacement
Replace furnishings: shower curtain	$10.00	Replace furnishings: shower curtain
Rubbish removal: & cut lawns	$300.00	Rubbish removal: & cut lawns
Carpet Cleaning	$345.00	Carpet Cleaning
Cleaning	$400.00	Cleaning
Rubbish removal: tip fees & truck hire	$345.00	Rubbish removal: tip fees & truck hire
Repairs: hairbrush from fireplace	$50.00	Repairs: hairbrush from fireplace
Oven/stove cleaning	$100.00	Oven/stove cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,746.12
Total payable by Tenant to Landlord	$2,746.12

Claims and awards for application 4712649 — net $2,746.12 NZD. Verify on MoJ.

Rent arrears to 13/11/23

Amount: $3,115.68
Awarded to: Landlord
Reason: Rent arrears to 13/11/23

Lock/key replacement

Amount: $60.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: shower curtain

Amount: $10.00
Awarded to: Landlord
Reason: Replace furnishings: shower curtain

Rubbish removal: & cut lawns

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal: & cut lawns

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Te Aroha Roimata Wallace must pay Jaquiery Ventures Limited $2,746.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (3337577-021) to Jaquiery Ventures Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Crane. Telephone calls were made to the number provided for the tenant at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
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 13 November 2023 on tenant notice. The landlord provided rent records which prove the amount 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 landlord established in oral and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to remove a hairbrush that had melted onto the fireplace and replace a shower curtain that was riddled in mould.
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.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
I am satisfied that it has been proven that the damage occurred during the tenancy and more likely than not was a result of careless tenant actions. Accordingly, the tenant is liable for the repair/replacement costs. The amount claimed for the shower curtain has been reduced slightly to take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the curtain at the start of the tenancy and their likely useful lifespan.
Because Jaquiery Ventures Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4712649 — Rent arrears at 12 Stirling Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4712649 — Rent arrears at 12 Stirling Street, Levin, Levin 5510

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