What was the outcome of Tenancy Tribunal case 4825637?

The tribunal order states: Luther Stephen Frost must pay Oxygen.Co.Nz Limited As Agent For United

How much money was awarded in case 4825637?

Compensation: $1,280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $759.00 awarded to landlord

What type of tenancy dispute was case 4825637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4825637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10244252-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4825637?

The tribunal order states: Luther Stephen Frost must pay Oxygen.Co.Nz Limited As Agent For United

How much money was awarded in case 4825637?

Compensation: $1,280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $759.00 awarded to landlord

What type of tenancy dispute was case 4825637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4825637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10244252-Tenancy_Tribunal_Order.pdf.

Unit/Flat 29, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4825637 — Tenancy dispute

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Unit/Flat 29, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4825637 — Tenancy dispute | 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 4825637 — net $779.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation rent owed to 15 February 2024	$1,280.00	Compensation rent owed to 15 February 2024
Compensation for cleaning and rubbish removal	$759.00	Compensation for cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$779.44
Total payable by Tenant to Landlord	$779.44

Claims and awards for application 4825637 — net $779.44 NZD. Verify on MoJ.

Compensation rent owed to 15 February 2024

Amount: $1,280.00
Awarded to: Landlord
Reason: Compensation rent owed to 15 February 2024

Compensation for cleaning and rubbish removal

Amount: $759.00
Awarded to: Landlord
Reason: Compensation for cleaning and rubbish removal

Filing fee reimbursement

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

Net award

Landlord $779.44

Total payable by Tenant to Landlord

Landlord $779.44

Claim types — money lines allowed on this order

Compensation Filing Fee Rubbish Removal

Order

Luther Stephen Frost must pay Oxygen.Co.Nz Limited As Agent For United Group Ltd $779.44 immediately, calculated as shown in table below.
The claim for the oven is dismissed.

Reasons

The 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 landlord said she and the tenant agreed the tenancy would end, and she gave him time to move out and return the keys. This was done on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, on 15 February.

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.
Photos were taken by a property manager on 16 February 2024. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to take loads of belongings to the dump, including a number of mattresses, a couch and a fridge. The amounts ordered look reasonable to me.

Is the tenant responsible for the damage to the premises?

There is a claim for a replacement second hand oven. The 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. See sections 40(2)(a), 41 and 49B RTA.
I also have to take betterment and depreciation into account. 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. The oven looks very old and the property manager who attended the hearing said it was also a second hand oven. It seems most likely to me that an order the tenant pay for a replacement oven would mean the tenant was paying for an improvement, which is not allowed. This claim is dismissed.
Because the landlord 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 4825637 — net $779.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation rent owed to 15 February 2024	$1,280.00	Compensation rent owed to 15 February 2024
Compensation for cleaning and rubbish removal	$759.00	Compensation for cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$779.44
Total payable by Tenant to Landlord	$779.44

Claims and awards for application 4825637 — net $779.44 NZD. Verify on MoJ.

Compensation rent owed to 15 February 2024

Amount: $1,280.00
Awarded to: Landlord
Reason: Compensation rent owed to 15 February 2024

Compensation for cleaning and rubbish removal

Amount: $759.00
Awarded to: Landlord
Reason: Compensation for cleaning and rubbish removal

Filing fee reimbursement

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

Net award

Landlord $779.44

Total payable by Tenant to Landlord

Landlord $779.44

Claim types — money lines allowed on this order

Compensation Filing Fee Rubbish Removal

Order

Luther Stephen Frost must pay Oxygen.Co.Nz Limited As Agent For United Group Ltd $779.44 immediately, calculated as shown in table below.
The claim for the oven is dismissed.

Reasons

The 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 landlord said she and the tenant agreed the tenancy would end, and she gave him time to move out and return the keys. This was done on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, on 15 February.

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.
Photos were taken by a property manager on 16 February 2024. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to take loads of belongings to the dump, including a number of mattresses, a couch and a fridge. The amounts ordered look reasonable to me.

Is the tenant responsible for the damage to the premises?

There is a claim for a replacement second hand oven. The 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. See sections 40(2)(a), 41 and 49B RTA.
I also have to take betterment and depreciation into account. 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. The oven looks very old and the property manager who attended the hearing said it was also a second hand oven. It seems most likely to me that an order the tenant pay for a replacement oven would mean the tenant was paying for an improvement, which is not allowed. This claim is dismissed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4825637 — Tenancy dispute at Unit/Flat 29, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4825637 — Tenancy dispute at Unit/Flat 29, 1341 High Street, Taita, Lower Hutt 5011

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