How much money was awarded in case 5123591?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5019468 D…: $2,689.86 awarded to landlord; Property Damage: $13.12 awarded to landlord

What type of tenancy dispute was case 5123591?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5123591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451127-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5123591?

Rubbish Removal: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5019468 D…: $2,689.86 awarded to landlord; Property Damage: $13.12 awarded to landlord

What type of tenancy dispute was case 5123591?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5123591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451127-Tenancy_Tribunal_Order.pdf.

12B Somerset Place, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5123591 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5123591?

The tribunal order states: Taylor Patmore and Michael Drabble must pay Mog Limited T/A Angel Property

Order

Claims and awards in Tenancy Tribunal application 5123591 — net $3,079.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5019468 dated 28/11/2024	$2,689.86	Previous order application 5019468 dated 28/11/2024
Lock/key replacement	$13.12	Lock/key replacement
Cleaning: Gardens & Rubbish Removal	$350.00	Cleaning: Gardens & Rubbish Removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,079.98
Total payable by Tenant to Landlord	$3,079.98

Taylor Patmore and Michael Drabble must pay Mog Limited T/A Angel Property Managers As Agent For LFBM Sentry Holdings Trust $3,079.98 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 28 November 2024 under application 5019468.

The landlord’s claim for an early termination fee is dismissed.

Reasons

A representative of the landlord attended the hearing.

The tenants did not attend by the video link provided with the notice of hearing. Neither tenant answered calls made to their mobile numbers during the hearing; the calls went to voicemail.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

On 28 November 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 12 November 2024, being the end of the tenancy. The previous order is incorporated into this order for enforcement purposes.

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.

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

The landlord claimed $500 for cleaning, garden work and rubbish removal. That work was done by the incoming tenant, who provided an invoice to the landlord. The invoice has “round figures” for the work done, including $300 for lawn and exterior tidying. The landlord provided minimal photographs of the exterior. Some lawn work was required. I have made a deduction of $150 from the invoice presented to take account of the lack of evidence form the landlord as to the scope of work required. Recovery of expenses incurred by the landlord

The landlord claimed an early termination fee of $857.80. The landlord claims that, when rent fell into arrears it agreed to an early termination of the tenancy with the tenant. See s50(1)(d) RTA.

A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. See s44A(1) RTA.

A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant. See s44A(2) RTA. 1 1 Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 44A(3) and Schedule 1A Residential Tenancies Act 1986.

The landlord did not provide any evidence of the agreement with the tenant regarding early termination or release from the tenancy. The landlord also confirmed that it had not provided the tenant with an itemised account of the costs before seeking reimbursement.

The landlord did not establish that it was entitled to recovery of the costs claimed. This part of the application is dismissed.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5123591 — net $3,079.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5019468 dated 28/11/2024	$2,689.86	Previous order application 5019468 dated 28/11/2024
Lock/key replacement	$13.12	Lock/key replacement
Cleaning: Gardens & Rubbish Removal	$350.00	Cleaning: Gardens & Rubbish Removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,079.98
Total payable by Tenant to Landlord	$3,079.98

Order

Taylor Patmore and Michael Drabble must pay Mog Limited T/A Angel Property Managers As Agent For LFBM Sentry Holdings Trust $3,079.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 28 November 2024 under application 5019468.
The landlord’s claim for an early termination fee is dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenants did not attend by the video link provided with the notice of hearing. Neither tenant answered calls made to their mobile numbers during the hearing; the calls went to voicemail.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
On 28 November 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 12 November 2024, being the end of the tenancy. The previous order is incorporated into this order for enforcement purposes.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
The landlord claimed $500 for cleaning, garden work and rubbish removal. That work was done by the incoming tenant, who provided an invoice to the landlord. The invoice has “round figures” for the work done, including $300 for lawn and exterior tidying. The landlord provided minimal photographs of the exterior. Some lawn work was required. I have made a deduction of $150 from the invoice presented to take account of the lack of evidence form the landlord as to the scope of work required. Recovery of expenses incurred by the landlord
The landlord claimed an early termination fee of $857.80. The landlord claims that, when rent fell into arrears it agreed to an early termination of the tenancy with the tenant. See s50(1)(d) RTA.
A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. See s44A(1) RTA.
A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant. See s44A(2) RTA. 1 1 Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 44A(3) and Schedule 1A Residential Tenancies Act 1986.
The landlord did not provide any evidence of the agreement with the tenant regarding early termination or release from the tenancy. The landlord also confirmed that it had not provided the tenant with an itemised account of the costs before seeking reimbursement.
The landlord did not establish that it was entitled to recovery of the costs claimed. This part of the application is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5123591 — Property damage at 12B Somerset Place, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5123591 — Property damage at 12B Somerset Place, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions