What was the outcome of Tenancy Tribunal case 4978972?

The tribunal order states: Richard Hewitt must pay Boutique Rentals Bop Limited $2,729.42 immediately,

How much money was awarded in case 4978972?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,702.42 awarded to landlord

What type of tenancy dispute was case 4978972?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4978972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11134688-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4978972?

The tribunal order states: Richard Hewitt must pay Boutique Rentals Bop Limited $2,729.42 immediately,

How much money was awarded in case 4978972?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,702.42 awarded to landlord

What type of tenancy dispute was case 4978972?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4978972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11134688-Tenancy_Tribunal_Order.pdf.

Unit/Flat OA3, 29 Maunganui Road, Mount Maunganui, Tenancy Tribunal Case 4978972 — Rent arrears

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Unit/Flat OA3, 29 Maunganui Road, Mount Maunganui, Tenancy Tribunal Case 4978972 — 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 4978972 — net $2,729.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2024	$2,702.42	Rent arrears to 30 June 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,729.42
Total payable by Tenant to Landlord	$2,729.42

Claims and awards for application 4978972 — net $2,729.42 NZD. Verify on MoJ.

Rent arrears to 30 June 2024

Amount: $2,702.42
Awarded to: Landlord
Reason: Rent arrears to 30 June 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,729.42

Total payable by Tenant to Landlord

Landlord $2,729.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Richard Hewitt must pay Boutique Rentals Bop Limited $2,729.42 immediately, calculated as shown in table below.
The claim for compensation regarding the carpet is dismissed.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing to his email, in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 June 2024. I am satisfied based on the oral and written evidence that the landlord provided that following the end of the tenancy and the refund of the tenant’s bond, there is a further $2702.42 rent arrears outstanding. The amount is 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. See sections 40(2)(a), 41 and 49B RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The landlord seeks reimbursement of five lots of insurance excess ($400.00 per claim) to replace the carpet at the premises due to stains on the carpet.
No invoice or receipt for the amounts claimed has been filed with the Tribunal, and no information showing that the carpet has been replaced has been filed with the Tribunal either.
The landlord produced several hundred photographs and drew my attention to 10 photographs that show stains on the carpet. From what I can see, the stains are not particularly obvious: the carpet is light coloured and the stains which are yellow or pink look like discolouring.
Photographs from the start of the tenancy three years earlier, show the carpet to be well worn at that time and with some very noticeable stains. The photographs do not correspond well with the photographs taken at the end of the tenancy, and it is not possible to determine if the stains are present at the beginning of the tenancy or not. I consider that it is more likely than not that at least some of the stains were there from the beginning of the tenancy. In my view, the landlord has not discharged their burden of proving on the balance of probabilities that the stains present in the photographs at the end of the tenancy were caused during the tenancy.
The claim for insurance excess for the carpet is not proved.
Because Boutique Rentals Bop Limited 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 4978972 — net $2,729.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2024	$2,702.42	Rent arrears to 30 June 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,729.42
Total payable by Tenant to Landlord	$2,729.42

Claims and awards for application 4978972 — net $2,729.42 NZD. Verify on MoJ.

Rent arrears to 30 June 2024

Amount: $2,702.42
Awarded to: Landlord
Reason: Rent arrears to 30 June 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,729.42

Total payable by Tenant to Landlord

Landlord $2,729.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Richard Hewitt must pay Boutique Rentals Bop Limited $2,729.42 immediately, calculated as shown in table below.
The claim for compensation regarding the carpet is dismissed.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing to his email, in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 June 2024. I am satisfied based on the oral and written evidence that the landlord provided that following the end of the tenancy and the refund of the tenant’s bond, there is a further $2702.42 rent arrears outstanding. The amount is 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. See sections 40(2)(a), 41 and 49B RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The landlord seeks reimbursement of five lots of insurance excess ($400.00 per claim) to replace the carpet at the premises due to stains on the carpet.
No invoice or receipt for the amounts claimed has been filed with the Tribunal, and no information showing that the carpet has been replaced has been filed with the Tribunal either.
The landlord produced several hundred photographs and drew my attention to 10 photographs that show stains on the carpet. From what I can see, the stains are not particularly obvious: the carpet is light coloured and the stains which are yellow or pink look like discolouring.
Photographs from the start of the tenancy three years earlier, show the carpet to be well worn at that time and with some very noticeable stains. The photographs do not correspond well with the photographs taken at the end of the tenancy, and it is not possible to determine if the stains are present at the beginning of the tenancy or not. I consider that it is more likely than not that at least some of the stains were there from the beginning of the tenancy. In my view, the landlord has not discharged their burden of proving on the balance of probabilities that the stains present in the photographs at the end of the tenancy were caused during the tenancy.
The claim for insurance excess for the carpet is not proved.
Because Boutique Rentals Bop Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4978972 — Rent arrears at Unit/Flat OA3, 29 Maunganui Road, Mount Maunganui,

At a glance

Tenancy Tribunal case 4978972 — Rent arrears at Unit/Flat OA3, 29 Maunganui Road, Mount Maunganui,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions