What was the outcome of Tenancy Tribunal case 4861802?

The tribunal order states: Nadine Jan Wilson to pay Dunedin Property Management Tapui Limited As

How much money was awarded in case 4861802?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $175.00 awarded to landlord; Property Damage: $704.56 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4861802?

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

Where can I read the official tribunal order for case 4861802?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10740248-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4861802?

The tribunal order states: Nadine Jan Wilson to pay Dunedin Property Management Tapui Limited As

How much money was awarded in case 4861802?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $175.00 awarded to landlord; Property Damage: $704.56 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4861802?

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

Where can I read the official tribunal order for case 4861802?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10740248-Tenancy_Tribunal_Order.pdf.

47 Totara Street, Ravensbourne, Dunedin 9022 Tenancy Tribunal Case 4861802 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4861802 — net $1,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/3/2024	$900.00	Rent arrears to 21/3/2024
Lawns and Garden work	$175.00	Lawns and Garden work
Replacement washing machine	$704.56	Replacement washing machine
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,800.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,800.00

Nadine Jan Wilson to pay Dunedin Property Management Tapui Limited As Agent For J&M Stevenson $1,800.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,800.00 (5041901-005) to Dunedin Property Management Tapui Limited As Agent For J&M Stevenson immediately.

Reasons

Both parties 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 tenancy was for a fixed term to 9/5/2024 and ended early by agreement.

The premises were re-let on 22/3/2024.

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 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 $1,774.00 as follows: a. $175.00 for garden work, b. $1,599.00 for replacement of a washing machine.

In support of the claim the landlord provided the exit inspection photographs dated 21/3/2024, an invoice for the gardening and an estimate of the cost of replacement of the washing machine.

The landlord confirmed that the washing machine had not been replaced because the new tenant had their own machine.

The tenant disputed the gardening as she had mowed the lawns when she vacated a month earlier.

Further the tenant agreed that she had taken the washing machine to the recycling depot because it had stopped working three weeks before she left.

The tenant thought she had advised the landlord about the washing machine.

I am satisfied that the lawns needed mowing at the end of the tenancy.

The amount sought for gardening has been awarded.

However, the issue of the compensation sought for the replacement of the washing machine is more difficult.

The tenancy agreement does not include the washing machine in the chattels.

There are photographs of the washing machine in the entry inspection report of 11/5/2023.

The tenant agreed there was a washing machine which she disposed of.

The landlord has not replaced the washing machine, so has not incurred any monetary loss at this point in time, albeit that she may need to replace the appliance in due course.

In calculating replacement costs I would need to consider the depreciation for an appliance that was two years old, and possibly not in working condition.

Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction. This must be in a manner most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises.

In addition, the Tribunal must consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations, or to legal forms and technicalities.

Taking into account the factors above and in the interests of a fair and expeditious resolution of the dispute between the parties I have awarded the balance of the bond to the landlord as compensation for the washing machine.

As Dunedin Property Management Tapui Limited As Agent For J&M Stevenson has substantially succeeded with the claim I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4861802 — net $1,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/3/2024	$900.00	Rent arrears to 21/3/2024
Lawns and Garden work	$175.00	Lawns and Garden work
Replacement washing machine	$704.56	Replacement washing machine
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,800.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,800.00

Order

Nadine Jan Wilson to pay Dunedin Property Management Tapui Limited As Agent For J&M Stevenson $1,800.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5041901-005) to Dunedin Property Management Tapui Limited As Agent For J&M Stevenson immediately.

Reasons

Both parties 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 tenancy was for a fixed term to 9/5/2024 and ended early by agreement.
The premises were re-let on 22/3/2024.
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 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 $1,774.00 as follows: a. $175.00 for garden work, b. $1,599.00 for replacement of a washing machine.
In support of the claim the landlord provided the exit inspection photographs dated 21/3/2024, an invoice for the gardening and an estimate of the cost of replacement of the washing machine.
The landlord confirmed that the washing machine had not been replaced because the new tenant had their own machine.
The tenant disputed the gardening as she had mowed the lawns when she vacated a month earlier.
Further the tenant agreed that she had taken the washing machine to the recycling depot because it had stopped working three weeks before she left.
The tenant thought she had advised the landlord about the washing machine.
I am satisfied that the lawns needed mowing at the end of the tenancy.
The amount sought for gardening has been awarded.
However, the issue of the compensation sought for the replacement of the washing machine is more difficult.
The tenancy agreement does not include the washing machine in the chattels.
There are photographs of the washing machine in the entry inspection report of 11/5/2023.
The tenant agreed there was a washing machine which she disposed of.
The landlord has not replaced the washing machine, so has not incurred any monetary loss at this point in time, albeit that she may need to replace the appliance in due course.
In calculating replacement costs I would need to consider the depreciation for an appliance that was two years old, and possibly not in working condition.
Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction. This must be in a manner most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises.
In addition, the Tribunal must consider the substantial merits and justice of the case without being bound to give effect to strict legal rights or obligations, or to legal forms and technicalities.
Taking into account the factors above and in the interests of a fair and expeditious resolution of the dispute between the parties I have awarded the balance of the bond to the landlord as compensation for the washing machine.
As Dunedin Property Management Tapui Limited As Agent For J&M Stevenson has substantially succeeded with the claim I have awarded the filing fee.

Tenancy Tribunal case 4861802 — Rent arrears at 47 Totara Street, Ravensbourne, Dunedin 9022

At a glance

Tenancy Tribunal case 4861802 — Rent arrears at 47 Totara Street, Ravensbourne, Dunedin 9022

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions