What was the outcome of Tenancy Tribunal case 4740310?

The tribunal order states: Amy Elizabeth Thompson must pay Rentworks Property Management 2018

How much money was awarded in case 4740310?

Break Lease Fees: $770.50 awarded to landlord; Cleaning: $330.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,017.86 awarded to landlord; Property Damage: $362.25 awarded to landlord; Property Damage: $253.00 awarded to landlord

What type of tenancy dispute was case 4740310?

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

Where can I read the official tribunal order for case 4740310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9836180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740310?

The tribunal order states: Amy Elizabeth Thompson must pay Rentworks Property Management 2018

How much money was awarded in case 4740310?

Break Lease Fees: $770.50 awarded to landlord; Cleaning: $330.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,017.86 awarded to landlord; Property Damage: $362.25 awarded to landlord; Property Damage: $253.00 awarded to landlord

What type of tenancy dispute was case 4740310?

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

Where can I read the official tribunal order for case 4740310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9836180-Tenancy_Tribunal_Order.pdf.

Flat 9, 16 Rutherford Street, Woolston, Christchurch 8023 Tenancy Tribunal Case 4740310 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4740310 — net $1,494.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,017.86	Rent arrears
Cleaning: Interior plus gardening and dump costs	$330.05	Cleaning: Interior plus gardening and dump costs
Replace furnishings: Damaged blind	$253.00	Replace furnishings: Damaged blind
Break lease fees	$770.50	Break lease fees
Repairs: Wall damage	$362.25	Repairs: Wall damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,494.10
Total payable by Tenant to Landlord	$1,494.10

Amy Elizabeth Thompson must pay Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay $1,494.10 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,260.00 (6500672-003) to Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay immediately.

Reasons

Ms Switalla and Mr Manderson attended the hearing on behalf of the landlord. 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?

The tenancy began on 5 August 2023 and was a fixed term tenancy which had originally been due to end on 8 September 2024.

Early in the tenancy, it became apparent that the tenant could not continue with the arrangement, and she was allowed to break her fixed term lease under certain agreed conditions.

It was agreed that the tenancy would end on 31 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,017.86.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

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

The landlord provided photographs, invoices and oral evidence to prove that the property had not been cleaned to a reasonable standard and the garden had not been maintained. Rubbish was left at the property, including (wrongly placed) in the recycle bin.

The property had to be cleaned and the gardens tidied. Rubbish had to be removed. The total cost was $330.05.

The tenant left the tenancy before the (new) agreed end date and left an exterior door open with a pulled blind behind it. This allowed the blind to be damaged by the elements. The landlord was alerted to the situation by a neighbour, but the blind had been damaged beyond repair and had to be replaced at a cost of $253.00.

The landlord provided photographs, email, and oral evidence to support the claim for a replacement blind.

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 under sections 40(2)(a), 41 and 49B of the Act.

During the tenancy the tenant caused damage in three places on two separate walls. The damage was repaired at a cost of $362.25. The damage is more than fair wear and tear, and the tenant has not disproved liability.

The amounts ordered are proved. Break lease costs.

The landlord agreed to allow the tenant to break the fixed lease after only a few months on the basis that she would pay the reasonable costs of finding a replacement tenant.

The landlord provided an invoice itemising these costs with the total being $770.50.

The amount ordered is proved. Filing fee

As Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4740310 — net $1,494.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,017.86	Rent arrears
Cleaning: Interior plus gardening and dump costs	$330.05	Cleaning: Interior plus gardening and dump costs
Replace furnishings: Damaged blind	$253.00	Replace furnishings: Damaged blind
Break lease fees	$770.50	Break lease fees
Repairs: Wall damage	$362.25	Repairs: Wall damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,494.10
Total payable by Tenant to Landlord	$1,494.10

Order

Amy Elizabeth Thompson must pay Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay $1,494.10 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,260.00 (6500672-003) to Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay immediately.

Reasons

Ms Switalla and Mr Manderson attended the hearing on behalf of the landlord. 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?

The tenancy began on 5 August 2023 and was a fixed term tenancy which had originally been due to end on 8 September 2024.
Early in the tenancy, it became apparent that the tenant could not continue with the arrangement, and she was allowed to break her fixed term lease under certain agreed conditions.
It was agreed that the tenancy would end on 31 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,017.86.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs, invoices and oral evidence to prove that the property had not been cleaned to a reasonable standard and the garden had not been maintained. Rubbish was left at the property, including (wrongly placed) in the recycle bin.
The property had to be cleaned and the gardens tidied. Rubbish had to be removed. The total cost was $330.05.
The tenant left the tenancy before the (new) agreed end date and left an exterior door open with a pulled blind behind it. This allowed the blind to be damaged by the elements. The landlord was alerted to the situation by a neighbour, but the blind had been damaged beyond repair and had to be replaced at a cost of $253.00.
The landlord provided photographs, email, and oral evidence to support the claim for a replacement blind.
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 under sections 40(2)(a), 41 and 49B of the Act.
During the tenancy the tenant caused damage in three places on two separate walls. The damage was repaired at a cost of $362.25. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The amounts ordered are proved. Break lease costs.
The landlord agreed to allow the tenant to break the fixed lease after only a few months on the basis that she would pay the reasonable costs of finding a replacement tenant.
The landlord provided an invoice itemising these costs with the total being $770.50.
The amount ordered is proved. Filing fee
As Rentworks Property Management 2018 Limited as agent for Simon and Anna Hay has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4740310 — Rent arrears at Flat 9, 16 Rutherford Street, Woolston, Christchurch 8023

At a glance

Tenancy Tribunal case 4740310 — Rent arrears at Flat 9, 16 Rutherford Street, Woolston, Christchurch 8023

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