How much money was awarded in case 5137528?

Bailiff Fees: $258.00 awarded to landlord; Cleaning: $114.80 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $362.36 awarded to landlord; Property Damage: $272.25 awarded to landlord; Property Damage: $701.17 awarded to landlord; Rent Arrears: $1,754.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 5137528?

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

Where can I read the official tribunal order for case 5137528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11601731-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5137528?

Bailiff Fees: $258.00 awarded to landlord; Cleaning: $114.80 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $362.36 awarded to landlord; Property Damage: $272.25 awarded to landlord; Property Damage: $701.17 awarded to landlord; Rent Arrears: $1,754.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 5137528?

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

Where can I read the official tribunal order for case 5137528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11601731-Tenancy_Tribunal_Order.pdf.

33 Frederick Drive, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 5137528 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5137528?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 5137528 — net $2,295.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,754.00	Rent arrears
Cleaning	$465.75	Cleaning
Window repairs	$362.36	Window repairs
Bailiff fees	$258.00	Bailiff fees
Carpet Cleaning: 2 rooms	$114.80	Carpet Cleaning: 2 rooms
Lock/key replacement	$272.25	Lock/key replacement
Repairs	$701.17	Repairs
Rubbish removal	$700.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,295.33
Total payable by Tenant to Landlord	$2,295.33

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Izaak Barnes and Susan Just must pay [The landlord/s] $2,295.33 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties 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 tenancy.

The applicant must prove all elements of the claim on the balance of probabilities, i.e., more probable than not.

Both tenants appeared at the hearing. The property managers said that the claim was against Mr Barnes only but because Ms Just was listed as a tenant, they had to make the claim against both parties. Ms Just was concerned that Mr Barnes actions would cause her to lose the bond. The tenants are jointly and severally liable under the tenancy agreement. The order is made in the names of the tenants who are parties to the signed agreement. Bailiff costs

The tenancy was terminated by the Tribunal order on 15 October 2024, giving the last date of the tenancy as 29 October 2024. Ms Just left the premises but Mr Barnes remained.

Mr Barnes applied for a rehearing and a stay of proceedings on 15 October 2024. The rehearing was declined on the papers on the basis that he was not a party to those proceedings. The appeal to the District Court was also declined.

Orders have been made and these previous proceedings and are not able to be reheard or examined.

Mr Barnes remained at the premises and the landlord required the services of the bailiff to have him removed. They sought reimbursement of this cost.

The tenant disputed this cost.

The landlord said that they had received no notice of the rehearing or declined appeal so progressed on the basis that possession had been awarded.

The tenant had his rehearing and appeal declined; no stay was granted. The tenancy had ended, and the tenant remained. The bailiff fees claimed are awarded. How much is owed for rent.

The tenancy ended on 19 November 2024 The landlord provided rent records and the tenant did not dispute the amount claimed for rent arrears.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, the oven needed cleaning and cupboards and surfaces had not been cleaned. The tenant Ms Just, had left the tenancy before the eviction, and said that she is a paid cleaner said if she had known she would have returned and cleaned. At the end of the tenancy the tenant’s responsibility is to leave the premises reasonably clean and tidy, and I find that they have not.

The claim for carpet cleaning is partially awarded as there were clearly two stains that could not be explained but not enough evidence to support the claim that a dog had been inside the premises.

The tenant did not remove all rubbish. There was a lot of disputes about what was left on the 25 November 2024 .The tenant was allowed to return to remove his belonging after being trespassed and given ultimately until 5pm to do this.

The landlord submitted photographs of what was claimed that the tenant left behind. The important time was between 5.50 and 6.15 pm when the tenant had left, and the property manager took photos.

Time stamped photographs were then produced establishing that not all the photographs submitted came from that time frame.

It was established that the tenant had left one washing machine, a cupboard, 5 mattress, boxes of rubbish, dog kennel blanket light palettes BBQ, outside couch, footstool, and some general rubbish.$700.00 is awarded for rubbish removal.

The tenant was evicted by the bailiff and new keys were cut to prevent him returning to the premises. Some maintenance items were claimed, and they are not awarded, as discussed.

The amounts ordered are 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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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.

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.

The following damage was caused during the tenancy: 6 walls, a door and a windowsill were either damaged, or in some areas there was an attempt to repair but it was not to a workman like standard. The tenant could explain some damage but not all of it.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant accepted liability for one damaged window.

The landlord was not able to establish that the glass door was damaged during the tenancy. This claim is dismissed.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5137528 — net $2,295.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,754.00	Rent arrears
Cleaning	$465.75	Cleaning
Window repairs	$362.36	Window repairs
Bailiff fees	$258.00	Bailiff fees
Carpet Cleaning: 2 rooms	$114.80	Carpet Cleaning: 2 rooms
Lock/key replacement	$272.25	Lock/key replacement
Repairs	$701.17	Repairs
Rubbish removal	$700.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,295.33
Total payable by Tenant to Landlord	$2,295.33