What was Tenancy Tribunal case 4470661 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 4470661?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $21.90 awarded to landlord; Lawns and Garden Work: $990.00 awarded to landlord; Replace: doorknobs and toilet roll h…: $83.71 awarded to landlord

What type of tenancy dispute was case 4470661?

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

Where can I read the official tribunal order for case 4470661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411525-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4470661 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 4470661?

Cleaning: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $21.90 awarded to landlord; Lawns and Garden Work: $990.00 awarded to landlord; Replace: doorknobs and toilet roll h…: $83.71 awarded to landlord

What type of tenancy dispute was case 4470661?

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

Where can I read the official tribunal order for case 4470661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411525-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4470661 — Cleanliness

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4470661 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4470661 — net $1,806.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2022	$21.90	Rent arrears to 21 November 2022
Cleaning	$690.00	Cleaning
Repairs: (including lawns and garden works	$990.00	Repairs: (including lawns and garden works
Replace: doorknobs and toilet roll holder	$83.71	Replace: doorknobs and toilet roll holder
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,806.05
Total payable by Tenant to Landlord	$1,806.05

Claims and awards for application 4470661 — net $1,806.05 NZD. Verify on MoJ.

Rent arrears to 21 November 2022

Amount: $21.90
Awarded to: Landlord
Reason: Rent arrears to 21 November 2022

Cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning

Repairs: (including lawns and garden works

Amount: $990.00
Awarded to: Landlord
Reason: Repairs: (including lawns and garden works

Replace: doorknobs and toilet roll holder

Amount: $83.71
Awarded to: Landlord
Reason: Replace: doorknobs and toilet roll holder

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Lawns And Garden Work

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rennarta Johnson must pay [The landlord/s] $1,806.05 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.
This was a rehearing which had been granted on the papers based on the risk that the bond had been incorrectly applied twice to the amount owed by the tenant to the landlord. The landlord has already received the bond and it has been utilised to pay previous debts of the tenant. This error has now been addressed in the order herein.

How much is owed for rent?

The tenancy ended on 21 November 2022. 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. See section 40(1)(c) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The landlord provided exit inspection photographs, invoices supporting the claims and an email from the landlord to the tenant listing the work required which the tenant had signed.
The landlord had applied for compensation for carpet cleaning but there is no evidence supporting this claim included in the exit inspection photographs or the documents signed by the tenant so that aspect of the claim is dismissed.
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 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 landlord provided exit inspection photographs of significant damage to the property, including holes in the walls and ceiling and graffiti on exterior cladding. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee and suppression
Because [The landlord/s] has substantially succeeded with the claim I have ordered suppression and reimbursed the filing fee. T Lee-Lewis 13 September 2023

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4470661 — net $1,806.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 November 2022	$21.90	Rent arrears to 21 November 2022
Cleaning	$690.00	Cleaning
Repairs: (including lawns and garden works	$990.00	Repairs: (including lawns and garden works
Replace: doorknobs and toilet roll holder	$83.71	Replace: doorknobs and toilet roll holder
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,806.05
Total payable by Tenant to Landlord	$1,806.05

Claims and awards for application 4470661 — net $1,806.05 NZD. Verify on MoJ.

Rent arrears to 21 November 2022

Amount: $21.90
Awarded to: Landlord
Reason: Rent arrears to 21 November 2022

Cleaning

Amount: $690.00
Awarded to: Landlord
Reason: Cleaning

Repairs: (including lawns and garden works

Amount: $990.00
Awarded to: Landlord
Reason: Repairs: (including lawns and garden works

Replace: doorknobs and toilet roll holder

Amount: $83.71
Awarded to: Landlord
Reason: Replace: doorknobs and toilet roll holder

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Lawns And Garden Work

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rennarta Johnson must pay [The landlord/s] $1,806.05 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.
This was a rehearing which had been granted on the papers based on the risk that the bond had been incorrectly applied twice to the amount owed by the tenant to the landlord. The landlord has already received the bond and it has been utilised to pay previous debts of the tenant. This error has now been addressed in the order herein.

How much is owed for rent?

The tenancy ended on 21 November 2022. 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. See section 40(1)(c) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The landlord provided exit inspection photographs, invoices supporting the claims and an email from the landlord to the tenant listing the work required which the tenant had signed.
The landlord had applied for compensation for carpet cleaning but there is no evidence supporting this claim included in the exit inspection photographs or the documents signed by the tenant so that aspect of the claim is dismissed.
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 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 landlord provided exit inspection photographs of significant damage to the property, including holes in the walls and ceiling and graffiti on exterior cladding. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee and suppression
Because [The landlord/s] has substantially succeeded with the claim I have ordered suppression and reimbursed the filing fee. T Lee-Lewis 13 September 2023

Tenancy Tribunal case 4470661 — Cleanliness

At a glance

Tenancy Tribunal case 4470661 — Cleanliness

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