How much money was awarded in case 4460020?

Cleaning: $320.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,690.00 awarded to landlord; Painting & Plastering: $1,749.60 awarded to landlord

What type of tenancy dispute was case 4460020?

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

Where can I read the official tribunal order for case 4460020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8639644-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4460020?

Cleaning: $320.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,690.00 awarded to landlord; Painting & Plastering: $1,749.60 awarded to landlord

What type of tenancy dispute was case 4460020?

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

Where can I read the official tribunal order for case 4460020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8639644-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4460020 — Rent arrears

Q: What was Tenancy Tribunal case 4460020 about?

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

Order

Claims and awards in Tenancy Tribunal application 4460020 — net $3,270.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/12/22	$2,690.00	Rent arrears to 12/12/22
Carpet Cleaning	$320.00	Carpet Cleaning
Cleaning	$450.00	Cleaning
Repairs: painting & plastering	$1,749.60	Repairs: painting & plastering
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,270.04
Total payable by Tenant to Landlord	$3,270.04

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

David Heath Michael September, Dyannah Johns and Lydia September must pay [the Landlord/s] $3,270.04 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,960.00 [(bond number suppressed)] to [the Landlord/s] immediately.

Reasons

The landlord attended the hearing however there was no appearance for the tenants. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

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 tenants gave notice on 14 November 2022. Pursuant to section 51(2B) of the Residential Tenancies Act 1986 (RTA) tenants must give 28 days written notice. Therefore, the tenancy ended on 12 December 2023. 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) RTA

The landlord has proven in evidence that the tenants did not leave the premises reasonably clean and tidy.

Accordingly, the amounts ordered for cleaning and carpet cleaning are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. The landlord’s insurance excess is $1000 although they have declined cover in this instance.

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.

Having considered the evidence I am satisfied that the badly patched holes and painted walls are careless damage caused by the tenants. They have tried to repair the damage they caused but have not done so to a workmanlike standard. Accordingly, they are liable for the repair cost.

The paint work was approximately four years old therefore I deduct 40% of the actual cost to account for depreciation given the estimated life span of paint work in New Zealand residential tenancies is 10 years. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of tenant damage, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that. Other

Because [the Landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Because [the Landlord/s] has succeeded with the claim I have upheld their application for suppression.

Claims and awards in Tenancy Tribunal application 4460020 — net $3,270.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/12/22	$2,690.00	Rent arrears to 12/12/22
Carpet Cleaning	$320.00	Carpet Cleaning
Cleaning	$450.00	Cleaning
Repairs: painting & plastering	$1,749.60	Repairs: painting & plastering
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,270.04
Total payable by Tenant to Landlord	$3,270.04

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
David Heath Michael September, Dyannah Johns and Lydia September must pay [the Landlord/s] $3,270.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 [(bond number suppressed)] to [the Landlord/s] immediately.

Reasons

The landlord attended the hearing however there was no appearance for the tenants. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
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 tenants gave notice on 14 November 2022. Pursuant to section 51(2B) of the Residential Tenancies Act 1986 (RTA) tenants must give 28 days written notice. Therefore, the tenancy ended on 12 December 2023. 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) RTA
The landlord has proven in evidence that the tenants did not leave the premises reasonably clean and tidy.
Accordingly, the amounts ordered for cleaning and carpet cleaning are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. The landlord’s insurance excess is $1000 although they have declined cover in this instance.
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.
Having considered the evidence I am satisfied that the badly patched holes and painted walls are careless damage caused by the tenants. They have tried to repair the damage they caused but have not done so to a workmanlike standard. Accordingly, they are liable for the repair cost.
The paint work was approximately four years old therefore I deduct 40% of the actual cost to account for depreciation given the estimated life span of paint work in New Zealand residential tenancies is 10 years. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of tenant damage, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that. Other
Because [the Landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because [the Landlord/s] has succeeded with the claim I have upheld their application for suppression.

Tenancy Tribunal case 4460020 — Rent arrears

At a glance

Tenancy Tribunal case 4460020 — Rent arrears

At a glance

Award balance

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

Award balance

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