What was Tenancy Tribunal case 4329108 about?

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

How much money was awarded in case 4329108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4329108?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4329108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393708-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4329108 about?

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

How much money was awarded in case 4329108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4329108?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4329108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393708-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4329108 — Rent arrears

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4329108 — Rent arrears | TenantCheck

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The claims for holes in the hall and bedroom walls are dismissed.
Dane William Kupenga and Trecaine Potaka must pay the landlord $3717.73 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to the landlord immediately.

Reasons

The landlord attended the hearing which was held by telephone. The tenants were properly served. The tenants were called on the numbers provided and they did not answer the calls.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2022 after the tenants gave notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 RTA).
The landlord provided photos taken at the end of the tenancy. I find the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The keys were not returned. I have not allowed the full amount owing for cleaning but have allowed an amount which seems reasonable to me, based on the evidence provided.
A smoke alarm and a shower head were missing at the end of the tenancy. 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
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.
At the end of the tenancy a window was broken, two doors had holes, and there was a hole in the dining room wall. The landlord proved this damage happened during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It seems most likely the damage was intentional. The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and allowed name suppression.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The claims for holes in the hall and bedroom walls are dismissed.
Dane William Kupenga and Trecaine Potaka must pay the landlord $3717.73 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to the landlord immediately.

Reasons

The landlord attended the hearing which was held by telephone. The tenants were properly served. The tenants were called on the numbers provided and they did not answer the calls.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2022 after the tenants gave notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 RTA).
The landlord provided photos taken at the end of the tenancy. I find the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The keys were not returned. I have not allowed the full amount owing for cleaning but have allowed an amount which seems reasonable to me, based on the evidence provided.
A smoke alarm and a shower head were missing at the end of the tenancy. 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
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.
At the end of the tenancy a window was broken, two doors had holes, and there was a hole in the dining room wall. The landlord proved this damage happened during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It seems most likely the damage was intentional. The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and allowed name suppression.

Tenancy Tribunal case 4329108 — Rent arrears

At a glance

Tenancy Tribunal case 4329108 — Rent arrears

At a glance

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

Frequently asked questions

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

Frequently asked questions