What was the outcome of Tenancy Tribunal case 4908614?

The tribunal order states: Ariana Santana Wade must pay Property Brokers South Limited As Agent For

How much money was awarded in case 4908614?

Cleaning: $350.75 awarded to landlord; Lawns and Garden Work: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $407.00 awarded to landlord; Rent Arrears: $747.14 awarded to landlord; Rubbish Removal: $822.46 awarded to landlord

What type of tenancy dispute was case 4908614?

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

Where can I read the official tribunal order for case 4908614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645718-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4908614?

The tribunal order states: Ariana Santana Wade must pay Property Brokers South Limited As Agent For

How much money was awarded in case 4908614?

Cleaning: $350.75 awarded to landlord; Lawns and Garden Work: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $407.00 awarded to landlord; Rent Arrears: $747.14 awarded to landlord; Rubbish Removal: $822.46 awarded to landlord

What type of tenancy dispute was case 4908614?

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

Where can I read the official tribunal order for case 4908614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645718-Tenancy_Tribunal_Order.pdf.

1 Todd Avenue, Burnside, Christchurch 8053 Tenancy Tribunal Case 4908614 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4908614 — net $1,447.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$747.14	Rent arrears
Carpet Cleaning	$350.75	Carpet Cleaning
Cleaning: and garden work and dumping	$1,000.00	Cleaning: and garden work and dumping
Rubbish removal: replace broken toilet seat, clean out council bins	$822.46	Rubbish removal: replace broken toilet seat, clean out council bins
Lock/key replacement	$407.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,447.79
Total payable by Tenant to Landlord	$1,447.79

Ariana Santana Wade must pay Property Brokers South Limited As Agent For Lauren And Dean Smith $1,447.79 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,900.00 (3209374-011) to Property Brokers South Limited As Agent For Lauren And Dean Smith immediately.

The landlord’s claim for glass replacement is dismissed.

Reasons

Ms Saunders attended the hearing on behalf of the landlord. The tenant did not attend.

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 ended on 7 April 2024.

The landlord provided rent records which prove the amount owing at the end of the tenancy, being $4,016.57.

Part of this arrears total is the subject of a sealed mediated order (4810817).

That order, in the sum of $3,269.43, is currently being enforced and the amount has been deducted from the total arrears leaving a balance of $747.14.

The amount ordered is proved.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided invoices and photographs to support its claims for cleaning, rubbish removal and garden work. It was clear that the property required significant work to be brought to a clean and tidy state.

The gardening and general cleaning invoice was reduced from $1,250.00 to $1,000.00. The invoice was not clearly annotated, and the landlord considered that it likely included an amount for the outside windows for which the tenant should not be liable.

The other cleaning and rubbish removal invoices are awarded in full.

The tenant did not return the keys.

The landlord provided an invoice to support its claim for lock and key replacement.

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 under sections 40(2)(a), 41 and 49B of the Act.

During the tenancy a window was broken. The landlord provided an invoice for the repair in the sum of $301.31.

The landlord gave evidence that the window broke due to a gust of wind forcing the door closed as the tenant was airing the property out in preparation for a property inspection.

Although the tenant was not present to explain the circumstances, it is clear from the landlord’s recollection that this damage was most likely accidental, and no damages should flow.

The claim for window replacement is dismissed.

The landlord provided photographs and an invoice to show that a toilet seat was broken during the tenancy.

This repair was included in the rubbish removal and bin cleaning invoice amounting to $822.46 in total.

The amount ordered is proved.

As Property Brokers South Limited As Agent For Lauren And Dean Smith has substantially succeeded with the claim I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4908614 — net $1,447.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$747.14	Rent arrears
Carpet Cleaning	$350.75	Carpet Cleaning
Cleaning: and garden work and dumping	$1,000.00	Cleaning: and garden work and dumping
Rubbish removal: replace broken toilet seat, clean out council bins	$822.46	Rubbish removal: replace broken toilet seat, clean out council bins
Lock/key replacement	$407.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,447.79
Total payable by Tenant to Landlord	$1,447.79

Order

Ariana Santana Wade must pay Property Brokers South Limited As Agent For Lauren And Dean Smith $1,447.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,900.00 (3209374-011) to Property Brokers South Limited As Agent For Lauren And Dean Smith immediately.
The landlord’s claim for glass replacement is dismissed.

Reasons

Ms Saunders attended the hearing on behalf of the landlord. The tenant did not attend.
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 ended on 7 April 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy, being $4,016.57.
Part of this arrears total is the subject of a sealed mediated order (4810817).
That order, in the sum of $3,269.43, is currently being enforced and the amount has been deducted from the total arrears leaving a balance of $747.14.
The amount ordered is proved.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs to support its claims for cleaning, rubbish removal and garden work. It was clear that the property required significant work to be brought to a clean and tidy state.
The gardening and general cleaning invoice was reduced from $1,250.00 to $1,000.00. The invoice was not clearly annotated, and the landlord considered that it likely included an amount for the outside windows for which the tenant should not be liable.
The other cleaning and rubbish removal invoices are awarded in full.
The tenant did not return the keys.
The landlord provided an invoice to support its claim for lock and key replacement.
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 under sections 40(2)(a), 41 and 49B of the Act.
During the tenancy a window was broken. The landlord provided an invoice for the repair in the sum of $301.31.
The landlord gave evidence that the window broke due to a gust of wind forcing the door closed as the tenant was airing the property out in preparation for a property inspection.
Although the tenant was not present to explain the circumstances, it is clear from the landlord’s recollection that this damage was most likely accidental, and no damages should flow.
The claim for window replacement is dismissed.
The landlord provided photographs and an invoice to show that a toilet seat was broken during the tenancy.
This repair was included in the rubbish removal and bin cleaning invoice amounting to $822.46 in total.
The amount ordered is proved.
As Property Brokers South Limited As Agent For Lauren And Dean Smith has substantially succeeded with the claim I reimburse the filing fee.

Tenancy Tribunal case 4908614 — Rent arrears at 1 Todd Avenue, Burnside, Christchurch 8053

At a glance

Tenancy Tribunal case 4908614 — Rent arrears at 1 Todd Avenue, Burnside, Christchurch 8053

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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