What was Tenancy Tribunal case 4470601 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 4470601?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $89.99 awarded to landlord; Rent Arrears: $5,137.14 awarded to landlord

What type of tenancy dispute was case 4470601?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4470601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328254-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4470601 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 4470601?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $89.99 awarded to landlord; Rent Arrears: $5,137.14 awarded to landlord

What type of tenancy dispute was case 4470601?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4470601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328254-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4470601 — Rent arrears

Claims and awards in Tenancy Tribunal application 4470601 — net $3,272.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,137.14	Rent arrears
Cleaning	$345.00	Cleaning
Lawns and Garden work	$89.99	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,272.57
Total payable by Tenant to Landlord	$3,272.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Dakota Hona must pay [The landlord/s] $3,272.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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 25 January 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) 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 property required further cleaning which took over seven hours. This included cleaning marks off the walls and a substantial amount of dust. Photographs of the condition of the property and an invoice for cleaning was provided.
The lawns were overgrown and required mowing. Photographs were provided of the lawns and an invoice for the lawnmowing.
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 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.
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: Holes in the walls in the bedroom and lounge, broken bedroom window, missing kitchen cupboard handle and damaged verandah.
The Landlord submitted there were three holes in the walls in the bedroom and lounge which required plastering and painting. This was discovered at the end of the tenancy. Photographs of the damage, an exit inspection report and an invoice was provided. There was no ingoing inspection report provided to confirm that these damages were caused during the tenancy. The Landlord was given an opportunity to file this after the hearing but only an exit inspection report was received. For this, reason the claim is dismissed.
The Landlord submitted the window in the bedroom required repairing. An invoice for the repair was provided however upon inspection of the exit report and Landlord’s evidence, the broken window was not evident. There was also no ingoing inspection report. This claim is dismissed.
The Landlord submitted the kitchen cupboard handle was missing at the end of the tenancy. An exit inspection report and invoice for the repair was provided. Again, no ingoing inspection report was provided to show that the handle was intact at the start of the tenancy. The claim is dismissed.
The Landlord submitted the verandah floorboards were damaged during the tenancy so a board had to be erected to block access to it. The Landlord claimed for erecting the board, provided a photograph, exit inspection report and invoice for the repair. There was no ingoing inspection report provided to prove the verandah was in reasonable condition at the start of the tenancy. The claim is dismissed.
As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4470601 — net $3,272.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,137.14	Rent arrears
Cleaning	$345.00	Cleaning
Lawns and Garden work	$89.99	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,272.57
Total payable by Tenant to Landlord	$3,272.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Dakota Hona must pay [The landlord/s] $3,272.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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 25 January 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) 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 property required further cleaning which took over seven hours. This included cleaning marks off the walls and a substantial amount of dust. Photographs of the condition of the property and an invoice for cleaning was provided.
The lawns were overgrown and required mowing. Photographs were provided of the lawns and an invoice for the lawnmowing.
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 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.
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: Holes in the walls in the bedroom and lounge, broken bedroom window, missing kitchen cupboard handle and damaged verandah.
The Landlord submitted there were three holes in the walls in the bedroom and lounge which required plastering and painting. This was discovered at the end of the tenancy. Photographs of the damage, an exit inspection report and an invoice was provided. There was no ingoing inspection report provided to confirm that these damages were caused during the tenancy. The Landlord was given an opportunity to file this after the hearing but only an exit inspection report was received. For this, reason the claim is dismissed.
The Landlord submitted the window in the bedroom required repairing. An invoice for the repair was provided however upon inspection of the exit report and Landlord’s evidence, the broken window was not evident. There was also no ingoing inspection report. This claim is dismissed.
The Landlord submitted the kitchen cupboard handle was missing at the end of the tenancy. An exit inspection report and invoice for the repair was provided. Again, no ingoing inspection report was provided to show that the handle was intact at the start of the tenancy. The claim is dismissed.
The Landlord submitted the verandah floorboards were damaged during the tenancy so a board had to be erected to block access to it. The Landlord claimed for erecting the board, provided a photograph, exit inspection report and invoice for the repair. There was no ingoing inspection report provided to prove the verandah was in reasonable condition at the start of the tenancy. The claim is dismissed.
As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4470601 — Rent arrears

At a glance

Tenancy Tribunal case 4470601 — 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