What was the outcome of Tenancy Tribunal case 4791270?

The tribunal order states: Bradlee Ibbetson must pay The Rent Shop Limited As Agent For Mr Moffit

How much money was awarded in case 4791270?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $99.50 awarded to landlord; Rent Arrears: $731.43 awarded to landlord; Rubbish Removal: $1,751.11 awarded to landlord

What type of tenancy dispute was case 4791270?

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

Where can I read the official tribunal order for case 4791270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10168379-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4791270?

The tribunal order states: Bradlee Ibbetson must pay The Rent Shop Limited As Agent For Mr Moffit

How much money was awarded in case 4791270?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $99.50 awarded to landlord; Rent Arrears: $731.43 awarded to landlord; Rubbish Removal: $1,751.11 awarded to landlord

What type of tenancy dispute was case 4791270?

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

Where can I read the official tribunal order for case 4791270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10168379-Tenancy_Tribunal_Order.pdf.

225 Haven Road, Stepneyville, Nelson 7010 Tenancy Tribunal Case 4791270 — Rent arrears

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225 Haven Road, Stepneyville, Nelson 7010 Tenancy Tribunal Case 4791270 — 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 4791270 — net $622.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$731.43	Rent arrears
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning and rubbish removal	$1,751.11	Cleaning and rubbish removal
Window repairs	$99.50	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$622.48
Total payable by Tenant to Landlord	$622.48

Claims and awards for application 4791270 — net $622.48 NZD. Verify on MoJ.

Rent arrears

Amount: $731.43
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning and rubbish removal

Amount: $1,751.11
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Window repairs

Amount: $99.50
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

Bradlee Ibbetson must pay The Rent Shop Limited As Agent For Mr Moffit $622.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3532323-018) to The Rent Shop Limited As Agent For Mr Moffit immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
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 3 September 2023. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required a professional clean.
The landlord provided invoices and supporting photos to evidence the requirement and effort needed to return the premises to a reasonable condition.
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.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
During the tenancy two windows were cracked/broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. An invoice for $99.50 was produced along with photos of the damage.
The amounts ordered are proved. Application filing fee
Because The Rent Shop Limited As Agent For Mr Moffit 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 4791270 — net $622.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$731.43	Rent arrears
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning and rubbish removal	$1,751.11	Cleaning and rubbish removal
Window repairs	$99.50	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$622.48
Total payable by Tenant to Landlord	$622.48

Claims and awards for application 4791270 — net $622.48 NZD. Verify on MoJ.

Rent arrears

Amount: $731.43
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning and rubbish removal

Amount: $1,751.11
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Window repairs

Amount: $99.50
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

Bradlee Ibbetson must pay The Rent Shop Limited As Agent For Mr Moffit $622.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3532323-018) to The Rent Shop Limited As Agent For Mr Moffit immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
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 3 September 2023. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required a professional clean.
The landlord provided invoices and supporting photos to evidence the requirement and effort needed to return the premises to a reasonable condition.
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.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
During the tenancy two windows were cracked/broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. An invoice for $99.50 was produced along with photos of the damage.
The amounts ordered are proved. Application filing fee
Because The Rent Shop Limited As Agent For Mr Moffit has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4791270 — Rent arrears at 225 Haven Road, Stepneyville, Nelson 7010

At a glance

Tenancy Tribunal case 4791270 — Rent arrears at 225 Haven Road, Stepneyville, Nelson 7010

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