What was the outcome of Tenancy Tribunal case 4832217?

The tribunal order states: Marcelane Ballantyne must pay Pip Mary Wood (T/A Hazelbank Apartments)

How much money was awarded in case 4832217?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $109.25 awarded to landlord; Property Damage: $418.00 awarded to landlord; Property Damage: $45.00 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Trade Me Advertisement: $299.00 awarded to landlord

What type of tenancy dispute was case 4832217?

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

Where can I read the official tribunal order for case 4832217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10738261-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4832217?

The tribunal order states: Marcelane Ballantyne must pay Pip Mary Wood (T/A Hazelbank Apartments)

How much money was awarded in case 4832217?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $109.25 awarded to landlord; Property Damage: $418.00 awarded to landlord; Property Damage: $45.00 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Trade Me Advertisement: $299.00 awarded to landlord

What type of tenancy dispute was case 4832217?

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

Where can I read the official tribunal order for case 4832217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10738261-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 4, 144 Forbury Road, Saint Clair, Dunedin Tenancy Tribunal Case 4832217 — Rent arrears

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Unit/Flat Unit 4, 144 Forbury Road, Saint Clair, Dunedin Tenancy Tribunal Case 4832217 — 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 4832217 — net $1,171.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/3/2024	$1,800.00	Rent arrears to 8/3/2024
Cleaning	$200.00	Cleaning
Fridge repairs	$109.25	Fridge repairs
Trade Me advertisement	$299.00	Trade Me advertisement
Replacement two dining room chairs	$418.00	Replacement two dining room chairs
Replacement mattress protector	$45.00	Replacement mattress protector
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,171.69
Total payable by Tenant to Landlord	$1,171.69

Claims and awards for application 4832217 — net $1,171.69 NZD. Verify on MoJ.

Rent arrears to 8/3/2024

Amount: $1,800.00
Awarded to: Landlord
Reason: Rent arrears to 8/3/2024

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Fridge repairs

Amount: $109.25
Awarded to: Landlord
Reason: Fridge repairs

Trade Me advertisement

Amount: $299.00
Awarded to: Landlord
Reason: Trade Me advertisement

Replacement two dining room chairs

Amount: $418.00
Awarded to: Landlord
Reason: Replacement two dining room chairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Marcelane Ballantyne must pay Pip Mary Wood (T/A Hazelbank Apartments) $1,171.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (3055117-022) to Pip Mary Wood (T/A Hazelbank Apartments) immediately.

Reasons

The landlord attended the hearing, by telephone.
Unfortunately, the tenant was unable to be contacted by telephone.
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 was for a fixed term to 14/6/2024 but the tenant left early on 1/3/2024.
The premises were re-let on 9/3/2024.
The landlord provided rent records which prove the amount owing.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $962.00 as follows: a. $200.00 cleaning b. $45.00 replacement of missing mattress protector c. $418.00 replacement of two missing dining room chairs d. $299.00 advertisement costs for Trade Me.
In support of the claim the landlord provided photographs
I am satisfied the tenant did not leave the premises reasonably clean and tidy, and removed chattels from the fully furnished premises.
The landlord is entitled to reasonable costs on the assignment of the tenancy.
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 careless, and occurs after 27 August 2019, section 49B RTA applies.
The landlord sought $109.25 for repair costs to one refrigerator leg.
In support of the claim the landlord provided an invoice for the repair.
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.
I am persuaded damage was caused during the tenancy to the refrigerator.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As Pip Mary Wood (T/A Hazelbank Apartments) has wholly succeeded with the claim I must award 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 4832217 — net $1,171.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/3/2024	$1,800.00	Rent arrears to 8/3/2024
Cleaning	$200.00	Cleaning
Fridge repairs	$109.25	Fridge repairs
Trade Me advertisement	$299.00	Trade Me advertisement
Replacement two dining room chairs	$418.00	Replacement two dining room chairs
Replacement mattress protector	$45.00	Replacement mattress protector
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,171.69
Total payable by Tenant to Landlord	$1,171.69

Claims and awards for application 4832217 — net $1,171.69 NZD. Verify on MoJ.

Rent arrears to 8/3/2024

Amount: $1,800.00
Awarded to: Landlord
Reason: Rent arrears to 8/3/2024

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Fridge repairs

Amount: $109.25
Awarded to: Landlord
Reason: Fridge repairs

Trade Me advertisement

Amount: $299.00
Awarded to: Landlord
Reason: Trade Me advertisement

Replacement two dining room chairs

Amount: $418.00
Awarded to: Landlord
Reason: Replacement two dining room chairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Marcelane Ballantyne must pay Pip Mary Wood (T/A Hazelbank Apartments) $1,171.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (3055117-022) to Pip Mary Wood (T/A Hazelbank Apartments) immediately.

Reasons

The landlord attended the hearing, by telephone.
Unfortunately, the tenant was unable to be contacted by telephone.
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 was for a fixed term to 14/6/2024 but the tenant left early on 1/3/2024.
The premises were re-let on 9/3/2024.
The landlord provided rent records which prove the amount owing.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $962.00 as follows: a. $200.00 cleaning b. $45.00 replacement of missing mattress protector c. $418.00 replacement of two missing dining room chairs d. $299.00 advertisement costs for Trade Me.
In support of the claim the landlord provided photographs
I am satisfied the tenant did not leave the premises reasonably clean and tidy, and removed chattels from the fully furnished premises.
The landlord is entitled to reasonable costs on the assignment of the tenancy.
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 careless, and occurs after 27 August 2019, section 49B RTA applies.
The landlord sought $109.25 for repair costs to one refrigerator leg.
In support of the claim the landlord provided an invoice for the repair.
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.
I am persuaded damage was caused during the tenancy to the refrigerator.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As Pip Mary Wood (T/A Hazelbank Apartments) has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 4832217 — Rent arrears at Unit/Flat Unit 4, 144 Forbury Road, Saint Clair, Dunedin

At a glance

Tenancy Tribunal case 4832217 — Rent arrears at Unit/Flat Unit 4, 144 Forbury Road, Saint Clair, Dunedin

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

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

Frequently asked questions