What was the outcome of Tenancy Tribunal case 4845400?

The tribunal order states: The Bond Centre is to pay the bond of $2,200.00 (6442063-018) immediately

How much money was awarded in case 4845400?

Cleaning: $100.00 awarded to landlord; Compensation: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Goods Sold: $210.00 awarded to tenant; Pest Control: $42.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4845400?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4845400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10349904-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4845400?

The tribunal order states: The Bond Centre is to pay the bond of $2,200.00 (6442063-018) immediately

How much money was awarded in case 4845400?

Cleaning: $100.00 awarded to landlord; Compensation: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Goods Sold: $210.00 awarded to tenant; Pest Control: $42.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4845400?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4845400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10349904-Tenancy_Tribunal_Order.pdf.

76B Lockington Road, Aongatete, RD 4, Aongatete 3181 Tenancy Tribunal Case 4845400 — Property damage

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76B Lockington Road, Aongatete, RD 4, Aongatete 3181 Tenancy Tribunal Case 4845400 — Property damage | 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 4845400 — net $932.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Pest control	$42.00		Pest control
Curtain replacement	$80.00		Curtain replacement
Cleaning	$100.00		Cleaning
Lock/key replacement	$300.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation for loss rent	$600.00		Compensation for loss rent
Goods sold		$210.00	Goods sold
Total award	$1,142.44	$210.00
Net award	$932.44
Total payable by Tenant to Landlord	$932.44

Claims and awards for application 4845400 — net $932.44 NZD. Verify on MoJ.

Pest control

Amount: $42.00
Awarded to: Landlord
Reason: Pest control

Curtain replacement

Amount: $80.00
Awarded to: Landlord
Reason: Curtain replacement

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $300.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Pest Control Property damage

Order

The Bond Centre is to pay the bond of $2,200.00 (6442063-018) immediately apportioned as follows: Andrew Michael Boylan and Fiona Jean Boylan as Trustees For Gypso Family Trust & Jafma Family Trust Partnership Trustees: $932.44 Adrienne Gread: $1,267.56
Andrew Michael Boylan and Fiona Jean Boylan as Trustees for Gypso Family Trust & Jafma Family Trust Partnership Trustees must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Andrew Michael Boylan and Fiona Jean Boylan as Trustees For Gypso Family Trust & Jafma Family Trust Partnership Trustees must pay the proceeds of any sale, less the amount owing, if any, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
The landlord has applied for rent, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 11 March 2022 and ended on 17 March 2024. The landlords believed that the tenant vacated before that date because, despite their efforts, they had no communications with the tenant from 21 February 2024.

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, RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all their belongings. The landlord sought compensation for cleaning the premises. The photos provided were not clear and did not show that the whole house was not reasonably clean. Some floors needed vacuuming and sweeping. No claim for rubbish removal was made.
The tenant was allowed one cat and the landlords suspected that there were two but could not provide evidence to support this. The landlord claimed for flea bombing the premises multiple times and professional carpet cleaning due to fleas.
An award is made for some flea treatment but there was no evidence that the premises required multiple applications. No evidence was provided that the carpets required professional cleaning due to fleas.
The landlord sought compensation for cleaning the outside of the premises, saying that the outside was left dirty. No evidence was provided to support this claim and it is dismissed.
The tenant did not return the keys, and this is awarded as claimed.
The following chattels were missing at the end of the tenancy: A pair of curtains were removed from a bedroom, and this is awarded as claimed less depreciation.

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.
The landlord claimed for damages due to cat scratches to the wallpaper in the dining room and hallway. They claimed full payment of an invoice for wallpapering and tiling although no claim was made or evidence for tile damages provided.
The landlord was unable to provide pre or post tenancy photos of the damages to the wallpaper and relied on a signed inspection paper that read “replace wallpaper scratched last time at hall corners”. They said that the tenant had agreed to the damage and was paying off the repairs at $20.00 per week. The landlords had received a total of $240.00 by the time the tenancy ended.
I do not find that the landlord established at the hearing the level of damage they seek compensation for. The tenant has paid something toward some damages but without further information I am not persuaded the amount claimed by the landlord is proven. This claim is dismissed.
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.

How much is owed for rent?

The landlord sought payment of 3 weeks rent because they were not able to access the premises to show prospective tenants.
There is no requirement that a tenant leave premises in a condition that a new tenancy can begin the next day. There is an acceptance that there may be some time between tenancies for landlord maintenance.
A landlord can enter the premises with the tenant’s consent to show prospective tenants and the tenant may not withhold their consent unreasonably. See section 48(3) (3A)RTA.
The landlord was prevented from showing prospective tenants due to the tenant’s absence and failure to communicate .
There was evidence that the landlord tried to contact the tenant by email on 29 February 2024 asking if she could bring a potential tenant through. This was not replied to.
Exemplary damages were not applied for however I find that the landlords established they suffered a loss because of the tenants’ actions and award $600.00, being one weeks rent, in compensation to the landlords. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant and has held them for over 35 days.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting, and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because Andrew Michael Boylan and Fiona Jean Boylan as Trustees for Gypso Family Trust & Jafma Family Trust Partnership Trustees 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 4845400 — net $932.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Pest control	$42.00		Pest control
Curtain replacement	$80.00		Curtain replacement
Cleaning	$100.00		Cleaning
Lock/key replacement	$300.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation for loss rent	$600.00		Compensation for loss rent
Goods sold		$210.00	Goods sold
Total award	$1,142.44	$210.00
Net award	$932.44
Total payable by Tenant to Landlord	$932.44

Claims and awards for application 4845400 — net $932.44 NZD. Verify on MoJ.

Pest control

Amount: $42.00
Awarded to: Landlord
Reason: Pest control

Curtain replacement

Amount: $80.00
Awarded to: Landlord
Reason: Curtain replacement

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $300.00
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Pest Control Property damage

Order

The Bond Centre is to pay the bond of $2,200.00 (6442063-018) immediately apportioned as follows: Andrew Michael Boylan and Fiona Jean Boylan as Trustees For Gypso Family Trust & Jafma Family Trust Partnership Trustees: $932.44 Adrienne Gread: $1,267.56
Andrew Michael Boylan and Fiona Jean Boylan as Trustees for Gypso Family Trust & Jafma Family Trust Partnership Trustees must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Andrew Michael Boylan and Fiona Jean Boylan as Trustees For Gypso Family Trust & Jafma Family Trust Partnership Trustees must pay the proceeds of any sale, less the amount owing, if any, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
The landlord has applied for rent, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 11 March 2022 and ended on 17 March 2024. The landlords believed that the tenant vacated before that date because, despite their efforts, they had no communications with the tenant from 21 February 2024.

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, RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all their belongings. The landlord sought compensation for cleaning the premises. The photos provided were not clear and did not show that the whole house was not reasonably clean. Some floors needed vacuuming and sweeping. No claim for rubbish removal was made.
The tenant was allowed one cat and the landlords suspected that there were two but could not provide evidence to support this. The landlord claimed for flea bombing the premises multiple times and professional carpet cleaning due to fleas.
An award is made for some flea treatment but there was no evidence that the premises required multiple applications. No evidence was provided that the carpets required professional cleaning due to fleas.
The landlord sought compensation for cleaning the outside of the premises, saying that the outside was left dirty. No evidence was provided to support this claim and it is dismissed.
The tenant did not return the keys, and this is awarded as claimed.
The following chattels were missing at the end of the tenancy: A pair of curtains were removed from a bedroom, and this is awarded as claimed less depreciation.

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.
The landlord claimed for damages due to cat scratches to the wallpaper in the dining room and hallway. They claimed full payment of an invoice for wallpapering and tiling although no claim was made or evidence for tile damages provided.
The landlord was unable to provide pre or post tenancy photos of the damages to the wallpaper and relied on a signed inspection paper that read “replace wallpaper scratched last time at hall corners”. They said that the tenant had agreed to the damage and was paying off the repairs at $20.00 per week. The landlords had received a total of $240.00 by the time the tenancy ended.
I do not find that the landlord established at the hearing the level of damage they seek compensation for. The tenant has paid something toward some damages but without further information I am not persuaded the amount claimed by the landlord is proven. This claim is dismissed.
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.

How much is owed for rent?

The landlord sought payment of 3 weeks rent because they were not able to access the premises to show prospective tenants.
There is no requirement that a tenant leave premises in a condition that a new tenancy can begin the next day. There is an acceptance that there may be some time between tenancies for landlord maintenance.
A landlord can enter the premises with the tenant’s consent to show prospective tenants and the tenant may not withhold their consent unreasonably. See section 48(3) (3A)RTA.
The landlord was prevented from showing prospective tenants due to the tenant’s absence and failure to communicate .
There was evidence that the landlord tried to contact the tenant by email on 29 February 2024 asking if she could bring a potential tenant through. This was not replied to.
Exemplary damages were not applied for however I find that the landlords established they suffered a loss because of the tenants’ actions and award $600.00, being one weeks rent, in compensation to the landlords. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant and has held them for over 35 days.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting, and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because Andrew Michael Boylan and Fiona Jean Boylan as Trustees for Gypso Family Trust & Jafma Family Trust Partnership Trustees has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4845400 — Property damage at 76B Lockington Road, Aongatete, RD 4, Aongatete 3181

At a glance

Tenancy Tribunal case 4845400 — Property damage at 76B Lockington Road, Aongatete, RD 4, Aongatete 3181

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions