What was the outcome of Tenancy Tribunal case 4939755?

The tribunal order states: The landlord may retain the bond of $2,600.00 to offset the tenant’s debt.

How much money was awarded in case 4939755?

Broadband Charges 29.6.24 To 26.7.24: $61.58 awarded to landlord; Cleaning: $1,161.50 awarded to landlord; Electricity Charges 27.2.24 To 26.7.…: $1,756.33 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,137.18 awarded to landlord

What type of tenancy dispute was case 4939755?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4939755?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10761022-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4939755?

The tribunal order states: The landlord may retain the bond of $2,600.00 to offset the tenant’s debt.

How much money was awarded in case 4939755?

Broadband Charges 29.6.24 To 26.7.24: $61.58 awarded to landlord; Cleaning: $1,161.50 awarded to landlord; Electricity Charges 27.2.24 To 26.7.…: $1,756.33 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,137.18 awarded to landlord

What type of tenancy dispute was case 4939755?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4939755?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10761022-Tenancy_Tribunal_Order.pdf.

8 Hastie Place, Onekawa, Napier 4110 Tenancy Tribunal Case 4939755 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4939755 — net $5,543.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 July 2024	$5,137.18	Rent arrears to 26 July 2024
Electricity charges 27.2.24 to 26.7.24	$1,756.33	Electricity charges 27.2.24 to 26.7.24
Broadband charges 29.6.24 to 26.7.24	$61.58	Broadband charges 29.6.24 to 26.7.24
Cleaning	$1,161.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,543.59
Total payable by Tenant to Landlord	$5,543.59

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by telephone.

The landlord initially applied for an order terminating the tenancy, however the tenancy has since ended, on 26 July 2024.

The landlord believed that updating information and evidence and an additional claim for cleaning costs had been uploaded but that material had not reached the file before the hearing. In the circumstances I am prepared to determine that additional claim for cleaning costs. The landlord was able to arrange for the supporting evidence to be provided by e-mail during the hearing.

The landlord’s claim is now for rent arrears, utility charges, cleaning costs and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

As noted, the tenancy ended on 26 July 2024. The landlord provided rent records which prove the total rent paid during the period of the tenancy, which enables the Tribunal to calculate the arrears owed. Arrears are calculated on the basis that rent of $650.00 was payable throughout the tenancy.

The landlord maintained the electricity supply contract with Pulse Energy. The tenant was responsible for the cost of electricity used during the tenancy (see s.39 RTA). The landlord has provided all the Pulse Energy invoices for the period of the tenancy, which enables the Tribunal to calculate the cost of electricity used. The landlord and tenant agreed to add a broadband service to the supply, for what became the last month 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.

Photographs taken from after the tenancy ended, prove that the tenant did not leave the premises reasonably clean and tidy. All wall and interior surfaces as well as the carpets appear to have required cleaning to bring them to a reasonable condition.

The costs of cleaning services is proved by a quote provided by the landlord. The work has been done but he has not yet been invoiced. The tenant’s evidence which I have no reason not to accept, is that the cleaning work covered by that quote was to bring the premises to a reasonable standard. Thereafter he has done significant additional cleaning and “refresh” work to bring it to a marketable state. I am persuaded that the landlord should be compensated for the whole of that cleaning charge. Other

The landlord claims exemplary damages for what he says was an unlawful act committed by the tenant in having more than the agreed maximum number of persons occupying the premises (see s.40(3A)(e)).

There is very limited evidence to support that claim and I would not think it just to punish the tenant for commission of an unlawful act when the landlord has himself committed an unlawful act by failing to lodge the tenant’s bond. That claim is declined.

Because Casey Smith has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4939755 — net $5,543.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 July 2024	$5,137.18	Rent arrears to 26 July 2024
Electricity charges 27.2.24 to 26.7.24	$1,756.33	Electricity charges 27.2.24 to 26.7.24
Broadband charges 29.6.24 to 26.7.24	$61.58	Broadband charges 29.6.24 to 26.7.24
Cleaning	$1,161.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,543.59
Total payable by Tenant to Landlord	$5,543.59

Order

The landlord may retain the bond of $2,600.00 to offset the tenant’s debt.
Malcolm Herbert must pay Casey Smith $5,543.59 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend and was unable to be contacted by telephone.
The landlord initially applied for an order terminating the tenancy, however the tenancy has since ended, on 26 July 2024.
The landlord believed that updating information and evidence and an additional claim for cleaning costs had been uploaded but that material had not reached the file before the hearing. In the circumstances I am prepared to determine that additional claim for cleaning costs. The landlord was able to arrange for the supporting evidence to be provided by e-mail during the hearing.
The landlord’s claim is now for rent arrears, utility charges, cleaning costs and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

As noted, the tenancy ended on 26 July 2024. The landlord provided rent records which prove the total rent paid during the period of the tenancy, which enables the Tribunal to calculate the arrears owed. Arrears are calculated on the basis that rent of $650.00 was payable throughout the tenancy.
The landlord maintained the electricity supply contract with Pulse Energy. The tenant was responsible for the cost of electricity used during the tenancy (see s.39 RTA). The landlord has provided all the Pulse Energy invoices for the period of the tenancy, which enables the Tribunal to calculate the cost of electricity used. The landlord and tenant agreed to add a broadband service to the supply, for what became the last month 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.
Photographs taken from after the tenancy ended, prove that the tenant did not leave the premises reasonably clean and tidy. All wall and interior surfaces as well as the carpets appear to have required cleaning to bring them to a reasonable condition.
The costs of cleaning services is proved by a quote provided by the landlord. The work has been done but he has not yet been invoiced. The tenant’s evidence which I have no reason not to accept, is that the cleaning work covered by that quote was to bring the premises to a reasonable standard. Thereafter he has done significant additional cleaning and “refresh” work to bring it to a marketable state. I am persuaded that the landlord should be compensated for the whole of that cleaning charge. Other
The landlord claims exemplary damages for what he says was an unlawful act committed by the tenant in having more than the agreed maximum number of persons occupying the premises (see s.40(3A)(e)).
There is very limited evidence to support that claim and I would not think it just to punish the tenant for commission of an unlawful act when the landlord has himself committed an unlawful act by failing to lodge the tenant’s bond. That claim is declined.
Because Casey Smith has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4939755 — Rent arrears at 8 Hastie Place, Onekawa, Napier 4110

At a glance

Tenancy Tribunal case 4939755 — Rent arrears at 8 Hastie Place, Onekawa, Napier 4110

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

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

Frequently asked questions