What was the outcome of Tenancy Tribunal case 5067850?

The tribunal order states: Holly Tagg must pay Dunedin City Properties Limited $537.60 immediately,

How much money was awarded in case 5067850?

Filing Fee: $27.00 awarded to landlord; Property Damage: $218.22 awarded to landlord; Rent Arrears: $320.00 awarded to landlord; Rubbish Removal: $612.38 awarded to landlord

What type of tenancy dispute was case 5067850?

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

Where can I read the official tribunal order for case 5067850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11367723-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5067850?

The tribunal order states: Holly Tagg must pay Dunedin City Properties Limited $537.60 immediately,

How much money was awarded in case 5067850?

Filing Fee: $27.00 awarded to landlord; Property Damage: $218.22 awarded to landlord; Rent Arrears: $320.00 awarded to landlord; Rubbish Removal: $612.38 awarded to landlord

What type of tenancy dispute was case 5067850?

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

Where can I read the official tribunal order for case 5067850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11367723-Tenancy_Tribunal_Order.pdf.

Room 1, 245 High Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 5067850 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5067850 — net $537.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/10/2024	$320.00	Rent arrears to 10/10/2024
Cleaning & rubbish removal	$612.38	Cleaning & rubbish removal
Lock & door repairs	$218.22	Lock & door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$537.60
Total payable by Tenant to Landlord	$537.60

Holly Tagg must pay Dunedin City Properties Limited $537.60 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $640.00 (6548595-013) to Dunedin City Properties Limited immediately.

Dunedin City Properties Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 10/102024.

The landlord has provided records which prove the amount of rent owing.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The landlord claimed compensation of $612.38 for cleaning, carpet cleaning and rubbish removal.

In support of the claim the landlord provided photographs taken on 14/10/2024 and an invoice.

I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.

The amount ordered 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 49B, 66K(2)(a), and 66L RTA .

The landlord claimed compensation of $218.22 for repair of a door lock and door frame which they believed had been kicked in.

In support of the claim the landlord provided an invoice.

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.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

I am satisfied damage was caused during the tenancy to the door lock and frame, and is more than fair wear and tear.

The tenant has not disproved liability for the damage.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

As Dunedin City Properties Limited has wholly succeeded with the claim I must award the filing fee.

Claims and awards in Tenancy Tribunal application 5067850 — net $537.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/10/2024	$320.00	Rent arrears to 10/10/2024
Cleaning & rubbish removal	$612.38	Cleaning & rubbish removal
Lock & door repairs	$218.22	Lock & door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$537.60
Total payable by Tenant to Landlord	$537.60

Order

Holly Tagg must pay Dunedin City Properties Limited $537.60 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $640.00 (6548595-013) to Dunedin City Properties Limited immediately.
Dunedin City Properties Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 10/102024.
The landlord has provided records which prove the amount of rent owing.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The landlord claimed compensation of $612.38 for cleaning, carpet cleaning and rubbish removal.
In support of the claim the landlord provided photographs taken on 14/10/2024 and an invoice.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
The amount ordered 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 49B, 66K(2)(a), and 66L RTA .
The landlord claimed compensation of $218.22 for repair of a door lock and door frame which they believed had been kicked in.
In support of the claim the landlord provided an invoice.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied damage was caused during the tenancy to the door lock and frame, and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As Dunedin City Properties Limited has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 5067850 — Rent arrears at Room 1, 245 High Street, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 5067850 — Rent arrears at Room 1, 245 High Street, Dunedin Central, Dunedin 9016

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

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions