How much money was awarded in case 4785198?

Cleaning: $895.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,362.86 awarded to landlord; Cupboard, Doorhandle set, Washing ma…: $446.80 awarded to landlord; Repaint: $862.50 awarded to landlord; Toilet Seat Replace: $274.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $38.70 awarded to landlord

What type of tenancy dispute was case 4785198?

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

Where can I read the official tribunal order for case 4785198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10318315-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4785198?

Cleaning: $895.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,362.86 awarded to landlord; Cupboard, Doorhandle set, Washing ma…: $446.80 awarded to landlord; Repaint: $862.50 awarded to landlord; Toilet Seat Replace: $274.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $38.70 awarded to landlord

What type of tenancy dispute was case 4785198?

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

Where can I read the official tribunal order for case 4785198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10318315-Tenancy_Tribunal_Order.pdf.

Unit/Flat 38, 68 Mountain Road, Mount Wellington, Tenancy Tribunal Case 4785198 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4785198?

The tribunal order states: Yasmine Harrison must pay Crockers Property Management Limited As Agent

Order

Claims and awards in Tenancy Tribunal application 4785198 — net $3,460.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$2,362.86	Rent arrears to 31 January 2024
Cleaning	$895.35	Cleaning
Repairs: Repaint	$862.50	Repairs: Repaint
Repairs: Cupboard, Doorhandle set, Washing machine	$446.80	Repairs: Cupboard, Doorhandle set, Washing machine
Water rates	$38.70	Water rates
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Toilet seat replace	$274.00	Repairs: Toilet seat replace
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,460.65
Total payable by Tenant to Landlord	$3,460.65

Yasmine Harrison must pay Crockers Property Management Limited As Agent For Ward Property Rentals $3,460.65 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,440.00 (5086875-013) to Crockers Property Management Limited As Agent For Ward Property Rentals immediately.

Reasons

The landlord attended the hearing; the respondent did not. I heard the application in the respondent’s absence because I am satisfied that the respondent has been given proper notice of 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 and water rates?

The tenancy ended on 31 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,362.86 rent arrears and $38.70 water rates.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided invoices and photographs in support of the claim for cleaning costs. I have awarded a reduced amount for cleaning as I consider $70.00 per hour an excessive amount to charge a tenant for cleaning. For similar reasons I have awarded a reduced amount for clearing out the tenant’s abandoned belongings.

The tenant did not return the keys.

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.

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: the toilet seat was broken, the walls were drawn on with vivid pens, a doorhandle set was broken, a laundry door was removed, and the washing machine was disconnected.

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 taken 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 items at the start of the tenancy and their likely useful lifespan.

Because Crockers Property Management Limited As Agent For Ward Property Rentals has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4785198 — net $3,460.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$2,362.86	Rent arrears to 31 January 2024
Cleaning	$895.35	Cleaning
Repairs: Repaint	$862.50	Repairs: Repaint
Repairs: Cupboard, Doorhandle set, Washing machine	$446.80	Repairs: Cupboard, Doorhandle set, Washing machine
Water rates	$38.70	Water rates
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Toilet seat replace	$274.00	Repairs: Toilet seat replace
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,460.65
Total payable by Tenant to Landlord	$3,460.65

Order

Yasmine Harrison must pay Crockers Property Management Limited As Agent For Ward Property Rentals $3,460.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (5086875-013) to Crockers Property Management Limited As Agent For Ward Property Rentals immediately.

Reasons

The landlord attended the hearing; the respondent did not. I heard the application in the respondent’s absence because I am satisfied that the respondent has been given proper notice of 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 and water rates?

The tenancy ended on 31 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,362.86 rent arrears and $38.70 water rates.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided invoices and photographs in support of the claim for cleaning costs. I have awarded a reduced amount for cleaning as I consider $70.00 per hour an excessive amount to charge a tenant for cleaning. For similar reasons I have awarded a reduced amount for clearing out the tenant’s abandoned belongings.
The tenant did not return the keys.
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.
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: the toilet seat was broken, the walls were drawn on with vivid pens, a doorhandle set was broken, a laundry door was removed, and the washing machine was disconnected.
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 taken 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 items at the start of the tenancy and their likely useful lifespan.
Because Crockers Property Management Limited As Agent For Ward Property Rentals has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4785198 — Rent arrears at Unit/Flat 38, 68 Mountain Road, Mount Wellington,

At a glance

Tenancy Tribunal case 4785198 — Rent arrears at Unit/Flat 38, 68 Mountain Road, Mount Wellington,

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