What was Tenancy Tribunal case 4433060 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 4433060?

Cleaning: $56.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $139.28 awarded to landlord; Property Damage: $213.76 awarded to landlord; Property Damage: $41.90 awarded to landlord; Property Damage: $132.98 awarded to landlord; Property Damage: $102.40 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $249.00 awarded to landlord; Property Damage: $12.00 awarded to landlord; Rent Arrears: $6,115.00 awarded to landlord

What type of tenancy dispute was case 4433060?

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

Where can I read the official tribunal order for case 4433060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9364630-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4433060 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 4433060?

Cleaning: $56.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $139.28 awarded to landlord; Property Damage: $213.76 awarded to landlord; Property Damage: $41.90 awarded to landlord; Property Damage: $132.98 awarded to landlord; Property Damage: $102.40 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $249.00 awarded to landlord; Property Damage: $12.00 awarded to landlord; Rent Arrears: $6,115.00 awarded to landlord

What type of tenancy dispute was case 4433060?

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

Where can I read the official tribunal order for case 4433060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9364630-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4433060 — Rent arrears

Claims and awards in Tenancy Tribunal application 4433060 — net $7,251.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.10.2022	$6,115.00	Rent arrears to 16.10.2022
Carpet cleaning	$56.99	Carpet cleaning
Pest control	$139.28	Pest control
Repairs to doors (x2) including locks	$213.76	Repairs to doors (x2) including locks
Window repairs	$41.90	Window repairs
Repairs to deck	$132.98	Repairs to deck
Repairs to walls	$102.40	Repairs to walls
Waste disposal replacement	$168.00	Waste disposal replacement
Stove replacement	$249.00	Stove replacement
Carpet repair	$12.00	Carpet repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,251.75
Total payable by Tenant to Landlord	$7,251.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord name and identifying details. 2.
All other claims are dismissed.

Reasons

Only the landlord attended the hearing, supported by her daughter, [The landlord/s representative]. While being notified, the tenant did not attend, and the hearing proceeded in her absence.
This is the second hearing for this application. As noted in the previous order, the landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy. This tenancy began on 13 May 2021 and ended on 16 October 2022.
Following the first hearing, the landlord was awarded water and power charges. As the bond of $1,060.00 was held by the landlord, this was credited to the tenant. The hearing was adjourned part-heard to allow the landlord additional time to produce further evidence in support of the claim for rent arrears and compensation. Following this hearing, the landlord provided further evidence.
A second hearing was held, and the landlord’s claims were considered. This hearing was adjourned part-heard to allow the landlord additional time to complete another rent summary, as the one produced at the hearing was difficult to follow. At this hearing, the landlord also agreed to advise of the situation regarding insurance, since this was relevant to the compensation claims arising from tenant damage.

How much is owed for rent?

The landlord has now produced a rent summary that records the payment of rent (being $530.00 per week), from the start of the tenancy to the end. The rent summary provides details regarding the rent due for the relevant period, the amounts paid, and the quantum of arrears. From this evidence the landlord has established the amount owing at the end of the tenancy on 16 October 2022.

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

As noted in the earlier order, 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. After considering the further evidence provided, I am satisfied that the landlord has established the claim for carpet cleaning costs (Rug Doctor hire) and pest eradication. In relation to the carpet, the landlord only seeks the cost of the Rug Doctor hire and the cost of materials for pest control. General principles regarding responsibility for damage
In my earlier order, I set out the general principles regarding responsibility for tenant damage as follows.
The landlord claims compensation for tenant damage. To be successful, the 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 of the 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) of the 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) of the 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) of the 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.

Is the tenant responsible for the damage to the premises?

The landlord has now provided evidence regarding insurance, which is relevant to the extent of the tenant’s liability for damage. The email from the insurer indicates that the insurance excess is $250.00 per event. The rent for this premises is $530.00 per week. The landlord has also produced further photographic and documentary evidence in support of the claims.
From the evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Damage to doors: two doors and three locks were damaged. The landlord only claims for the cost of the materials, being $213.76 b. Window damage. The repair cost sought is $41.90. c. Damage to the deck: $132.98 is the cost of materials only. d. Wall damage: $102.40 e. Waste disposal: the landlord considers this to be careless or intentional damage on the basis that cutlery was found inside the waste disposal unit. This unit had to be replaced at a cost of $168.00. f. Stove damage: The electrician advised that there was water damage and recommended replacing the stove. The replacement cost of $249.00 is sought. g. Carpet damage: the landlord purchased a mat for $12.00 to place over the damaged carpet.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
The landlord no longer seeks the other items listed in the application, including replacement of furniture and the gardening mix (to remediate damage to the garden caused by the tenant’s dog). Filing fee
Because the landlord has been successful with the claim, the tenant is to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4433060 — net $7,251.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.10.2022	$6,115.00	Rent arrears to 16.10.2022
Carpet cleaning	$56.99	Carpet cleaning
Pest control	$139.28	Pest control
Repairs to doors (x2) including locks	$213.76	Repairs to doors (x2) including locks
Window repairs	$41.90	Window repairs
Repairs to deck	$132.98	Repairs to deck
Repairs to walls	$102.40	Repairs to walls
Waste disposal replacement	$168.00	Waste disposal replacement
Stove replacement	$249.00	Stove replacement
Carpet repair	$12.00	Carpet repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,251.75
Total payable by Tenant to Landlord	$7,251.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord name and identifying details. 2.
All other claims are dismissed.

Reasons

Only the landlord attended the hearing, supported by her daughter, [The landlord/s representative]. While being notified, the tenant did not attend, and the hearing proceeded in her absence.
This is the second hearing for this application. As noted in the previous order, the landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy. This tenancy began on 13 May 2021 and ended on 16 October 2022.
Following the first hearing, the landlord was awarded water and power charges. As the bond of $1,060.00 was held by the landlord, this was credited to the tenant. The hearing was adjourned part-heard to allow the landlord additional time to produce further evidence in support of the claim for rent arrears and compensation. Following this hearing, the landlord provided further evidence.
A second hearing was held, and the landlord’s claims were considered. This hearing was adjourned part-heard to allow the landlord additional time to complete another rent summary, as the one produced at the hearing was difficult to follow. At this hearing, the landlord also agreed to advise of the situation regarding insurance, since this was relevant to the compensation claims arising from tenant damage.

How much is owed for rent?

The landlord has now produced a rent summary that records the payment of rent (being $530.00 per week), from the start of the tenancy to the end. The rent summary provides details regarding the rent due for the relevant period, the amounts paid, and the quantum of arrears. From this evidence the landlord has established the amount owing at the end of the tenancy on 16 October 2022.

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

As noted in the earlier order, 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. After considering the further evidence provided, I am satisfied that the landlord has established the claim for carpet cleaning costs (Rug Doctor hire) and pest eradication. In relation to the carpet, the landlord only seeks the cost of the Rug Doctor hire and the cost of materials for pest control. General principles regarding responsibility for damage
In my earlier order, I set out the general principles regarding responsibility for tenant damage as follows.
The landlord claims compensation for tenant damage. To be successful, the 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 of the 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) of the 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) of the 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) of the 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.

Is the tenant responsible for the damage to the premises?

The landlord has now provided evidence regarding insurance, which is relevant to the extent of the tenant’s liability for damage. The email from the insurer indicates that the insurance excess is $250.00 per event. The rent for this premises is $530.00 per week. The landlord has also produced further photographic and documentary evidence in support of the claims.
From the evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Damage to doors: two doors and three locks were damaged. The landlord only claims for the cost of the materials, being $213.76 b. Window damage. The repair cost sought is $41.90. c. Damage to the deck: $132.98 is the cost of materials only. d. Wall damage: $102.40 e. Waste disposal: the landlord considers this to be careless or intentional damage on the basis that cutlery was found inside the waste disposal unit. This unit had to be replaced at a cost of $168.00. f. Stove damage: The electrician advised that there was water damage and recommended replacing the stove. The replacement cost of $249.00 is sought. g. Carpet damage: the landlord purchased a mat for $12.00 to place over the damaged carpet.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
The landlord no longer seeks the other items listed in the application, including replacement of furniture and the gardening mix (to remediate damage to the garden caused by the tenant’s dog). Filing fee
Because the landlord has been successful with the claim, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4433060 — Rent arrears

At a glance

Tenancy Tribunal case 4433060 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Award balance

Claims & awards

Dismissed claims

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