What was the outcome of Tenancy Tribunal case 4712769?

The tribunal order states: Holly Jo Grace must pay New Lease Limited As Agent For Mavin Trust

How much money was awarded in case 4712769?

Electricity Charges Last Two Months: $435.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,856.43 awarded to landlord; bedroom walls, electrical fittings,…: $985.00 awarded to landlord; to vanity, mirror, laundry, light fi…: $300.90 awarded to landlord; Replace furnishings: bedroom curtain…: $110.00 awarded to landlord

What type of tenancy dispute was case 4712769?

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

Where can I read the official tribunal order for case 4712769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712015-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4712769?

The tribunal order states: Holly Jo Grace must pay New Lease Limited As Agent For Mavin Trust

How much money was awarded in case 4712769?

Electricity Charges Last Two Months: $435.39 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,856.43 awarded to landlord; bedroom walls, electrical fittings,…: $985.00 awarded to landlord; to vanity, mirror, laundry, light fi…: $300.90 awarded to landlord; Replace furnishings: bedroom curtain…: $110.00 awarded to landlord

What type of tenancy dispute was case 4712769?

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

Where can I read the official tribunal order for case 4712769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712015-Tenancy_Tribunal_Order.pdf.

78 Gillies Avenue, Taupo, Taupo 3330 Tenancy Tribunal Case 4712769 — Rent arrears

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78 Gillies Avenue, Taupo, Taupo 3330 Tenancy Tribunal Case 4712769 — 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 4712769 — net $1,508.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/2023	$1,856.43	Rent arrears to 2/9/2023
Electricity charges last two months	$435.39	Electricity charges last two months
Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector	$300.90	Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector
Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish	$985.00	Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: bedroom curtains	$110.00	Replace furnishings: bedroom curtains
Net award	$1,508.16
Total payable by Tenant to Landlord	$1,508.16

Claims and awards for application 4712769 — net $1,508.16 NZD. Verify on MoJ.

Rent arrears to 2/9/2023

Amount: $1,856.43
Awarded to: Landlord
Reason: Rent arrears to 2/9/2023

Electricity charges last two months

Amount: $435.39
Awarded to: Landlord
Reason: Electricity charges last two months

Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector

Amount: $300.90
Awarded to: Landlord
Reason: Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector

Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish

Amount: $985.00
Awarded to: Landlord
Reason: Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish

Filing fee reimbursement

Amount: $20.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Holly Jo Grace must pay New Lease Limited As Agent For Mavin Trust $1,508.16 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended 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 2/9/2023. The landlord provided rent records and electricity invoices 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The bedroom curtains were badly stained and replacement was more cost efficient than cleaning them.
The tenant did not return the keys.
The landlord had to replace light fittings and a smoke alarm.
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. 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.
The following damage was caused during the tenancy: the bedroom walls were damaged (probably when bookcase/shelves were removed). The clothesline was broken and several door handles and locks damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because New Lease Limited As Agent For Mavin Trust has substantially succeeded with the claim I have reimbursed 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 4712769 — net $1,508.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/2023	$1,856.43	Rent arrears to 2/9/2023
Electricity charges last two months	$435.39	Electricity charges last two months
Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector	$300.90	Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector
Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish	$985.00	Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: bedroom curtains	$110.00	Replace furnishings: bedroom curtains
Net award	$1,508.16
Total payable by Tenant to Landlord	$1,508.16

Claims and awards for application 4712769 — net $1,508.16 NZD. Verify on MoJ.

Rent arrears to 2/9/2023

Amount: $1,856.43
Awarded to: Landlord
Reason: Rent arrears to 2/9/2023

Electricity charges last two months

Amount: $435.39
Awarded to: Landlord
Reason: Electricity charges last two months

Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector

Amount: $300.90
Awarded to: Landlord
Reason: Repairs: to vanity, mirror, laundry, light fittings and replace smoke detector

Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish

Amount: $985.00
Awarded to: Landlord
Reason: Repairs: bedroom walls, electrical fittings, replace garage lock, replace washing line, remove rubbish

Filing fee reimbursement

Amount: $20.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Holly Jo Grace must pay New Lease Limited As Agent For Mavin Trust $1,508.16 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended 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 2/9/2023. The landlord provided rent records and electricity invoices 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The bedroom curtains were badly stained and replacement was more cost efficient than cleaning them.
The tenant did not return the keys.
The landlord had to replace light fittings and a smoke alarm.
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. 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.
The following damage was caused during the tenancy: the bedroom walls were damaged (probably when bookcase/shelves were removed). The clothesline was broken and several door handles and locks damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because New Lease Limited As Agent For Mavin Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4712769 — Rent arrears at 78 Gillies Avenue, Taupo, Taupo 3330

At a glance

Tenancy Tribunal case 4712769 — Rent arrears at 78 Gillies Avenue, Taupo, Taupo 3330

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