What was the outcome of Tenancy Tribunal case 4917995?

The tribunal order states: Catherine Neilson must pay Donna Scott (as agent for Tony Turner and Diana

How much money was awarded in case 4917995?

Filing Fee: $20.44 awarded to landlord; Property Damage: $273.70 awarded to landlord; Rent Arrears: $4,033.00 awarded to landlord; Rubbish Removal: $253.00 awarded to landlord

What type of tenancy dispute was case 4917995?

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

Where can I read the official tribunal order for case 4917995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10678874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917995?

The tribunal order states: Catherine Neilson must pay Donna Scott (as agent for Tony Turner and Diana

How much money was awarded in case 4917995?

Filing Fee: $20.44 awarded to landlord; Property Damage: $273.70 awarded to landlord; Rent Arrears: $4,033.00 awarded to landlord; Rubbish Removal: $253.00 awarded to landlord

What type of tenancy dispute was case 4917995?

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

Where can I read the official tribunal order for case 4917995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10678874-Tenancy_Tribunal_Order.pdf.

81 Meeanee Road, Taradale, Napier 4112 Tenancy Tribunal Case 4917995 — Rent arrears

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81 Meeanee Road, Taradale, Napier 4112 Tenancy Tribunal Case 4917995 — 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 4917995 — net $2,060.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2024	$4,033.00	Rent arrears to 24 July 2024
Window repairs	$273.70	Window repairs
Rubbish removal/ lawns/ repair	$253.00	Rubbish removal/ lawns/ repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,060.14
Total payable by Tenant to Landlord	$2,060.14

Claims and awards for application 4917995 — net $2,060.14 NZD. Verify on MoJ.

Rent arrears to 24 July 2024

Amount: $4,033.00
Awarded to: Landlord
Reason: Rent arrears to 24 July 2024

Window repairs

Amount: $273.70
Awarded to: Landlord
Reason: Window repairs

Rubbish removal/ lawns/ repair

Amount: $253.00
Awarded to: Landlord
Reason: Rubbish removal/ lawns/ repair

Filing fee reimbursement

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

Net award

Landlord $2,060.14

Total payable by Tenant to Landlord

Landlord $2,060.14

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Catherine Neilson must pay Donna Scott (as agent for Tony Turner and Diana Turner) $2,060.14 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond held of $1,400.00 (6266458-003) to Donna Scott (as agent for Tony Turner and Diana Turner) immediately.

Reasons

Ms Scott attended the hearing by videoconference.
Ms Neilson did not attend and was unable to be contacted by telephone. Notice of the hearing was duly served.
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 landlord gave the tenant notice that the tenancy would end on 1 August 2024. It seems unlikely that the notice was lawfully given.
The tenant then gave the landlord notice on 26 June 2024 that she would be vacating the premises on 7 July 2024.
A tenant is required to give 28 days’ notice of termination, so the tenant’s notice was effective to end the tenancy on 23 July 2023.
The landlord has provided rent records proving the amount of rent owed to that date. Bond
The agreement provides for a bond of $2,520.00 to be paid.
Ms Scott’s evidence is that she believes that although it took some time, the tenant made payments to ensure the whole of the required bond was paid. Those payments were sent to the owners.
The Bond Centre records indicate that $1,400.00 is held as a bond, which was transferred from a previous tenancy. It does not appear that the owners have lodged the additional bond paid by the tenant, with the Bond Centre.
In those circumstances it is appropriate to credit the tenant for the full bond amount.

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.
Photographs provided by the landlord show that the tenant did not remove all rubbish from the premises and the lawns were left in need of mowing. There was an unpainted repair to a wall.
The amount paid by the landlord for that work is proved by the invoice provided and the compensation claimed is reasonable.

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.
The landlord has provided photographs of a broken glass door panel which the landlord says was broken during the tenancy. That evidence is corroborated by notices sent to the tenant during the tenancy requiring that the glass be repaired. In the end the landlord had the glass replaced.
I am satisfied that the door glass was broken during the tenancy and is more that fair wear and tear. In the absence of any evidence from the tenant to the contrary, I find that the landlord should be compensated for the repair cost which is proved by the invoice provided.
As the landlord has had claims upheld, I reimburse 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 4917995 — net $2,060.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2024	$4,033.00	Rent arrears to 24 July 2024
Window repairs	$273.70	Window repairs
Rubbish removal/ lawns/ repair	$253.00	Rubbish removal/ lawns/ repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,060.14
Total payable by Tenant to Landlord	$2,060.14

Claims and awards for application 4917995 — net $2,060.14 NZD. Verify on MoJ.

Rent arrears to 24 July 2024

Amount: $4,033.00
Awarded to: Landlord
Reason: Rent arrears to 24 July 2024

Window repairs

Amount: $273.70
Awarded to: Landlord
Reason: Window repairs

Rubbish removal/ lawns/ repair

Amount: $253.00
Awarded to: Landlord
Reason: Rubbish removal/ lawns/ repair

Filing fee reimbursement

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

Net award

Landlord $2,060.14

Total payable by Tenant to Landlord

Landlord $2,060.14

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Catherine Neilson must pay Donna Scott (as agent for Tony Turner and Diana Turner) $2,060.14 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond held of $1,400.00 (6266458-003) to Donna Scott (as agent for Tony Turner and Diana Turner) immediately.

Reasons

Ms Scott attended the hearing by videoconference.
Ms Neilson did not attend and was unable to be contacted by telephone. Notice of the hearing was duly served.
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 landlord gave the tenant notice that the tenancy would end on 1 August 2024. It seems unlikely that the notice was lawfully given.
The tenant then gave the landlord notice on 26 June 2024 that she would be vacating the premises on 7 July 2024.
A tenant is required to give 28 days’ notice of termination, so the tenant’s notice was effective to end the tenancy on 23 July 2023.
The landlord has provided rent records proving the amount of rent owed to that date. Bond
The agreement provides for a bond of $2,520.00 to be paid.
Ms Scott’s evidence is that she believes that although it took some time, the tenant made payments to ensure the whole of the required bond was paid. Those payments were sent to the owners.
The Bond Centre records indicate that $1,400.00 is held as a bond, which was transferred from a previous tenancy. It does not appear that the owners have lodged the additional bond paid by the tenant, with the Bond Centre.
In those circumstances it is appropriate to credit the tenant for the full bond amount.

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.
Photographs provided by the landlord show that the tenant did not remove all rubbish from the premises and the lawns were left in need of mowing. There was an unpainted repair to a wall.
The amount paid by the landlord for that work is proved by the invoice provided and the compensation claimed is reasonable.

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.
The landlord has provided photographs of a broken glass door panel which the landlord says was broken during the tenancy. That evidence is corroborated by notices sent to the tenant during the tenancy requiring that the glass be repaired. In the end the landlord had the glass replaced.
I am satisfied that the door glass was broken during the tenancy and is more that fair wear and tear. In the absence of any evidence from the tenant to the contrary, I find that the landlord should be compensated for the repair cost which is proved by the invoice provided.
As the landlord has had claims upheld, I reimburse the filing fee.

Tenancy Tribunal case 4917995 — Rent arrears at 81 Meeanee Road, Taradale, Napier 4112

At a glance

Tenancy Tribunal case 4917995 — Rent arrears at 81 Meeanee Road, Taradale, Napier 4112

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