How much money was awarded in case 4826135?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,200.00 awarded to landlord; Rent Arrears: $5,250.00 awarded to landlord

What type of tenancy dispute was case 4826135?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10374385-Tribunal_Order.pdf.

How much money was awarded in case 4826135?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,200.00 awarded to landlord; Rent Arrears: $5,250.00 awarded to landlord

What type of tenancy dispute was case 4826135?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10374385-Tribunal_Order.pdf.

9 Main Road, Fox Glacier 7886 Tenancy Tribunal Case 4826135 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4826135?

The tribunal order states: This order replaces the order issued on 21 May 2024 due to that order requiring

Order

Claims and awards in Tenancy Tribunal application 4826135 — net $5,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2024	$5,250.00	Rent arrears to 23 February 2024
Cleaning, rubbish removal and garden work	$1,200.00	Cleaning, rubbish removal and garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,070.44
Total payable by Tenant to Landlord	$5,070.44

This order replaces the order issued on 21 May 2024 due to that order requiring correction.

Daclyn James Smith and Katrina Rose Booth must pay Hitesh Talreja $5,070.44 immediately, calculated as shown in the table below.

The landlord’s claim for exemplary damages for unlawful use of the premises is dismissed.

Reasons

All parties attended the hearing by telephone.

The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended on 23 February 2024. The landlord provided rent records to prove the amount of rent owing at the end of the tenancy. The tenants had a different impression of the rent arrears, but they had received the landlord’s rent statement and they did not assert or have evidence that the statement wrongly recorded the amount of rent they have paid. The landlord’s calculation of the rent due for the tenancy is correct. I have therefore awarded the rent arrears as claimed.

The landlord had credited the bond against the rent in his statement because he said that the tenants agreed that he could do so rather than lodging it with the Bond Centre. The tenants denied that. It makes no difference to the result, but I have shown the bond separately because it was, at least initially, paid as bond. I can make no finding about whether there was subsequently an agreement about the bond. The tenants have not made an application about the bond. Other Claims Cleaning, Rubbish and Garden Work

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.

The landlord claims $1,500 for cleaning, rubbish removal and garden work.

The invoice provides no detail apart from the hours worked. The hourly rate works out at $35 which is reasonable. Messages from the person who did the work provide some details and there are also some photographs.

The tenants accepted that they had left some rubbish behind, but they disputed the amount of rubbish they have been charged for and the amount claimed generally. They said that there was rubbish in the garage at the start of the tenancy which was still there at the end. They said also that the premises were not provided to them in a reasonably clean condition. They also pointed out that the landlord intended putting the premises on Airbnb and that would necessitate a higher standard of cleanliness than they were obliged to meet.

I note that the landlord did not complete an ingoing condition report and did not provide any photographs of the premises taken at the start of the tenancy.

I have considered all the evidence and assessed what I consider to be reasonable costs for the work likely to have been required to meet the tenants’ obligations.

The tenants accepted that the carpets needed cleaning and upholstery also needed cleaning. I award $250 for that cleaning.

I accept that the premises needed general cleaning. The photographs were not comprehensive, but they gave the general impression that a substantial amount of cleaning was needed. The oven especially needed considerable attention. I award $400 for the general cleaning.

The tenants accepted that they left some rubbish including a clothes drier. There was also rubbish scattered in the garden area. The landlord did not prove that the tenants are responsible for all the rubbish in the garage. He should have provided photographs of its condition at the start of the tenancy. I award $250 for rubbish removal.

I accept that there was a decent amount of work needed to the garden including grass cutting and weeding. I award $300 for that.

The total award is therefore $1,200. Exemplary Damages

The landlord claims exemplary damages for the tenants’ alleged unlawful use of the premises. The tenants denied the claim and the landlord did not produce any evidence to support the claim. It is therefore dismissed. Filing Fee

The landlord has had substantial success and so I have awarded him the filing fee.

Claims and awards in Tenancy Tribunal application 4826135 — net $5,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2024	$5,250.00	Rent arrears to 23 February 2024
Cleaning, rubbish removal and garden work	$1,200.00	Cleaning, rubbish removal and garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,070.44
Total payable by Tenant to Landlord	$5,070.44

Order

This order replaces the order issued on 21 May 2024 due to that order requiring correction.
Daclyn James Smith and Katrina Rose Booth must pay Hitesh Talreja $5,070.44 immediately, calculated as shown in the table below.
The landlord’s claim for exemplary damages for unlawful use of the premises is dismissed.

Reasons

All parties attended the hearing by telephone.
The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 23 February 2024. The landlord provided rent records to prove the amount of rent owing at the end of the tenancy. The tenants had a different impression of the rent arrears, but they had received the landlord’s rent statement and they did not assert or have evidence that the statement wrongly recorded the amount of rent they have paid. The landlord’s calculation of the rent due for the tenancy is correct. I have therefore awarded the rent arrears as claimed.
The landlord had credited the bond against the rent in his statement because he said that the tenants agreed that he could do so rather than lodging it with the Bond Centre. The tenants denied that. It makes no difference to the result, but I have shown the bond separately because it was, at least initially, paid as bond. I can make no finding about whether there was subsequently an agreement about the bond. The tenants have not made an application about the bond. Other Claims Cleaning, Rubbish and Garden Work
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The landlord claims $1,500 for cleaning, rubbish removal and garden work.
The invoice provides no detail apart from the hours worked. The hourly rate works out at $35 which is reasonable. Messages from the person who did the work provide some details and there are also some photographs.
The tenants accepted that they had left some rubbish behind, but they disputed the amount of rubbish they have been charged for and the amount claimed generally. They said that there was rubbish in the garage at the start of the tenancy which was still there at the end. They said also that the premises were not provided to them in a reasonably clean condition. They also pointed out that the landlord intended putting the premises on Airbnb and that would necessitate a higher standard of cleanliness than they were obliged to meet.
I note that the landlord did not complete an ingoing condition report and did not provide any photographs of the premises taken at the start of the tenancy.
I have considered all the evidence and assessed what I consider to be reasonable costs for the work likely to have been required to meet the tenants’ obligations.
The tenants accepted that the carpets needed cleaning and upholstery also needed cleaning. I award $250 for that cleaning.
I accept that the premises needed general cleaning. The photographs were not comprehensive, but they gave the general impression that a substantial amount of cleaning was needed. The oven especially needed considerable attention. I award $400 for the general cleaning.
The tenants accepted that they left some rubbish including a clothes drier. There was also rubbish scattered in the garden area. The landlord did not prove that the tenants are responsible for all the rubbish in the garage. He should have provided photographs of its condition at the start of the tenancy. I award $250 for rubbish removal.
I accept that there was a decent amount of work needed to the garden including grass cutting and weeding. I award $300 for that.
The total award is therefore $1,200. Exemplary Damages
The landlord claims exemplary damages for the tenants’ alleged unlawful use of the premises. The tenants denied the claim and the landlord did not produce any evidence to support the claim. It is therefore dismissed. Filing Fee
The landlord has had substantial success and so I have awarded him the filing fee.

Tenancy Tribunal case 4826135 — Rent arrears at 9 Main Road, Fox Glacier 7886

At a glance

Tenancy Tribunal case 4826135 — Rent arrears at 9 Main Road, Fox Glacier 7886

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions