What was the outcome of Tenancy Tribunal case 5178714?

The tribunal order states: Laura Sanders must pay Adele Mclay & David Hayde As Trustess For Naddac

How much money was awarded in case 5178714?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Walls And Floor: $518.00 awarded to landlord; Rubbish Removal: $241.50 awarded to landlord

What type of tenancy dispute was case 5178714?

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

Where can I read the official tribunal order for case 5178714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11638301-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5178714?

The tribunal order states: Laura Sanders must pay Adele Mclay & David Hayde As Trustess For Naddac

How much money was awarded in case 5178714?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,350.00 awarded to landlord; Walls And Floor: $518.00 awarded to landlord; Rubbish Removal: $241.50 awarded to landlord

What type of tenancy dispute was case 5178714?

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

Where can I read the official tribunal order for case 5178714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11638301-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 35 Argyle Street, Herne Bay, Auckland 1011 Tenancy Tribunal Case 5178714 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5178714 — net $2,386.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$1,350.00	Rent arrears to 26 December 2024
Rubbish removal	$241.50	Rubbish removal
Cleaning	$250.00	Cleaning
Repairs: Walls and floor	$518.00	Repairs: Walls and floor
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,386.50
Total payable by Tenant to Landlord	$2,386.50

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence that the tenancy ended on 26 December 2024 by mutual agreement. The landlord provided a rent summary which proves that rent arrears were $1,350.00 on this date.

The landlord’s claim for rent arrears is granted for $1,350.00. CLEANING & RUBBISH REMOVAL

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 (RTA).

The landlord claims the tenant did not remove all rubbish or leave the premises reasonably clean and tidy.

The landlord submitted photographs taken at the end of the tenancy. These show the tenant left personal and household belongings at the. General rubbish is also present, together with items of furniture and a clothes horse.

It is clear from the photographs that the property has also not been cleaned. One photograph shows the kitchen sink with a small amount of food and empty drink carton in it.

Based on the photographs submitted by the landlord, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord submitted invoices totalling $241.50 for rubbish removal and $250.00 for cleaning. The landlord’s claims for compensation are granted in full for these amounts.

The amounts ordered are proved.

DAMAGE

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.

The landlord claims the tenant is responsible for scratches and holes in the walls. The landlord also claims the tenant is responsible for multiple scratches to the floor inside the property.

The landlord submitted photographs taken at the end of the tenancy. Marks to the walls are apparent. The tenant has attempted multiple patch repairs. The remedial work is not to a high standard and the damage is obvious.

From the photographs, numerous scratch marks on the floors are also apparent.

The landlord did not submit any photographs taken at the beginning of the tenancy, but gave oral evidence that the property, including the floors, were freshly painted at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.

Based on the photographs submitted and evidence given at the hearing, I find that the following damage occurred during the tenancy: a. Marks and holes in the walls; and b. Numerous scratches to the floor.

This tenancy was only two months long. The fact that this damage was sustained in such a short amount of time indicates unreasonable use on behalf of the tenancy. I find that the damage is more than fair wear and tear.

The tenant has not disproved liability for the damage.

The landlord submitted an invoice for $518.00 to repair the walls and floor. The landlord’s claim for compensation is granted in full for this amount.

The amounts ordered is 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.

FILING FEE

Because Adele Mclay & David Hayde As Trustess For Naddac And Calfy Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5178714 — net $2,386.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$1,350.00	Rent arrears to 26 December 2024
Rubbish removal	$241.50	Rubbish removal
Cleaning	$250.00	Cleaning
Repairs: Walls and floor	$518.00	Repairs: Walls and floor
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,386.50
Total payable by Tenant to Landlord	$2,386.50

Order

Laura Sanders must pay Adele Mclay & David Hayde As Trustess For Naddac And Calfy Family Trust $2,386.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence that the tenancy ended on 26 December 2024 by mutual agreement. The landlord provided a rent summary which proves that rent arrears were $1,350.00 on this date.
The landlord’s claim for rent arrears is granted for $1,350.00. CLEANING & RUBBISH REMOVAL
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 (RTA).
The landlord claims the tenant did not remove all rubbish or leave the premises reasonably clean and tidy.
The landlord submitted photographs taken at the end of the tenancy. These show the tenant left personal and household belongings at the. General rubbish is also present, together with items of furniture and a clothes horse.
It is clear from the photographs that the property has also not been cleaned. One photograph shows the kitchen sink with a small amount of food and empty drink carton in it.
Based on the photographs submitted by the landlord, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord submitted invoices totalling $241.50 for rubbish removal and $250.00 for cleaning. The landlord’s claims for compensation are granted in full for these amounts.
The amounts ordered are proved.

DAMAGE

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.
The landlord claims the tenant is responsible for scratches and holes in the walls. The landlord also claims the tenant is responsible for multiple scratches to the floor inside the property.
The landlord submitted photographs taken at the end of the tenancy. Marks to the walls are apparent. The tenant has attempted multiple patch repairs. The remedial work is not to a high standard and the damage is obvious.
From the photographs, numerous scratch marks on the floors are also apparent.
The landlord did not submit any photographs taken at the beginning of the tenancy, but gave oral evidence that the property, including the floors, were freshly painted at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.
Based on the photographs submitted and evidence given at the hearing, I find that the following damage occurred during the tenancy: a. Marks and holes in the walls; and b. Numerous scratches to the floor.
This tenancy was only two months long. The fact that this damage was sustained in such a short amount of time indicates unreasonable use on behalf of the tenancy. I find that the damage is more than fair wear and tear.
The tenant has not disproved liability for the damage.
The landlord submitted an invoice for $518.00 to repair the walls and floor. The landlord’s claim for compensation is granted in full for this amount.
The amounts ordered is 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.

FILING FEE

Because Adele Mclay & David Hayde As Trustess For Naddac And Calfy Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5178714 — Rent arrears at Unit/Flat 5, 35 Argyle Street, Herne Bay, Auckland 1011

At a glance

Tenancy Tribunal case 5178714 — Rent arrears at Unit/Flat 5, 35 Argyle Street, Herne Bay, Auckland 1011

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions