What was Tenancy Tribunal case 4472363 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 4472363?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Arrears: $1,470.00 awarded to landlord; Hole In Wall Where Tv Was: $280.19 awarded to landlord; Property Damage: $550.00 awarded to landlord; Water Rates: $77.74 awarded to landlord

What type of tenancy dispute was case 4472363?

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

Where can I read the official tribunal order for case 4472363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9359066-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4472363 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 4472363?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Arrears: $1,470.00 awarded to landlord; Hole In Wall Where Tv Was: $280.19 awarded to landlord; Property Damage: $550.00 awarded to landlord; Water Rates: $77.74 awarded to landlord

What type of tenancy dispute was case 4472363?

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

Where can I read the official tribunal order for case 4472363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9359066-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4472363 — Rent arrears

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New Zealand Tenancy Tribunal Case 4472363 — Rent arrears | 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 4472363 — net $2,448.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,470.00	Rent arrears
Water rates	$77.74	Water rates
Repairs: Stove insurance excess	$550.00	Repairs: Stove insurance excess
Repairs: Hole in wall where tv was	$280.19	Repairs: Hole in wall where tv was
Lawns and Garden work	$50.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,448.37
Total payable by Tenant to Landlord	$2,448.37

Claims and awards for application 4472363 — net $2,448.37 NZD. Verify on MoJ.

Rent arrears

Amount: $1,470.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $77.74
Awarded to: Landlord
Reason: Water rates

Repairs: Stove insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: Stove insurance excess

Repairs: Hole in wall where tv was

Amount: $280.19
Awarded to: Landlord
Reason: Repairs: Hole in wall where tv was

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of all names and identifying details.
[The landlord’s representative/s] is granted leave to represent the owner, [The landlord/s].
The tenant claims are dismissed.
[The tenant/s] to pay [The landlord/s] $2,448.37 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) immediately apportioned as follows:

Reasons

On 31 May 2023 this matter was part heard in the Tribunal. All parties attended on that day and gave evidence.
The hearing was adjourned for further evidence to be filed by both parties and witnesses to be brought in order to complete hearing the claims.
The property manager from [The Property Management] attended the hearing today.
The owner did not attend the hearing today due to work commitments but his mother, [redacted], attended with authority from the owner and was granted leave to represent him.
The tenant did not attend the hearing today.
The landlord applied for the following: (a)Rent arrears to 16 November 2022 in the sum of $1470.00 (b)Water arrears to the end of the tenancy in the sum of $77.74 (c)Compensation for end of tenancy cleaning in the sum of $150.00 (d)Compensation for wall repairs in the sum of $280.19 (e)Payment of the insurance excess of $550.00 for damage to stove (f)Payment of the insurance excess of $550.00 for kitchen floor repairs (g)Compensation for locksmith charges totalling $380.65.
The tenant cross applied for the following: (a)Exemplary damages for unlawful entry (b)Compensation for landlord failure to provide and maintain the premises in a reasonable state of repair.
As there is no appearance from the tenant today and insufficient evidence has been provided to prove the claims, the tenant claims are dismissed.

How much is owed for rent and water rates?

The tenancy ended on 16 November 2022. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenant agreed that there was outstanding rent and water charges owed and did not dispute the amounts at the hearing on 31 May 2023.

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, 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 landlord claimed that the tenant did not leave the premises and the exterior reasonably clean and tidy. The tenant disputed this and claimed that the premises were cleaned by them. The landlord provided entry and exit reports and photographs. No invoice for cleaning and garden work was provided but the owner’s representative claimed that the family did clean up work at the property after the tenancy ended.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings, lightshades, skirtings, behind appliances, or the outside of a house. It is common that a landlord wishes to clean to an extra level so that they can re-tenant or sell. However, that is a business decision that a landlord makes at their cost.
From my assessment of the photos and the outgoing inspection report, the inside of these premises was left reasonably clean and tidy. However, the photos showed that some garden work was required. I have awarded $50.00 to be paid by the tenants towards this.
The landlord claimed that the tenant did not return the keys. The tenant disputed this and claimed that the landlord did not provide all the keys at the beginning of the tenancy. Evidence about the keys provided at the beginning of the tenancy was unclear. The tenant provided copies of messages to the agent requesting some keys in November 2021 many months after the tenancy started and a reply from the agent saying he did not know about these.
At the hearing on 31 May 2023 the landlord requested to bring the previous property manager as a witness regarding the keys but he did not attend today.
Having considered the evidence the Tribunal is not satisfied that the landlord has proved the claims for lock replacement on the balance of probabilities as the exact keys provided at the beginning of the tenancy are not proved.
The landlord also sought reimbursement of $138.00 for a screen door lock repair. This took place during the tenancy when the screen door was locked and the tenants could not open it. Initially the tenant paid this cost during the tenancy but was reimbursed by the landlord as it was established that the property manager had actually locked the screen door during an inspection. The Tribunal makes no orders in respect of this matter as it was resolved between the parties during the tenancy.

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.
The following damage was caused during the tenancy: (a) Damage to the stove. The damage is more than fair wear and tear, and the tenant accepted liability for the damage at the hearing on 31 May 2023. The landlord seeks reimbursement of the insurance excess of $550.00 and this amount is ordered as sought. (b) Damage to wall where tv was mounted. The damage is more than fair wear and tear, and the tenant accepted liability for the damage at the hearing on 31 May 2023. The landlord seeks reimbursement of the cost of repair in the sum of $280.19 and proof of this amount was provided. This amount is ordered as sought.
The landlord also sought reimbursement of the insurance excess for the repair of a cracked tile on the kitchen floor. The tenant denied causing this crack. In the entry photographs a mat is covering the area where the crack is claimed, and the Tribunal is not satisfied that the landlord has proved on the balance of probabilities that the damage was caused during the tenancy.
[The landlord’s representative/s] raised other damages during the hearing, however, as these claims were not included in the application and served on the tenant they could not be considered. Filing fee/suppression
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Both parties have had some success in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

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 4472363 — net $2,448.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,470.00	Rent arrears
Water rates	$77.74	Water rates
Repairs: Stove insurance excess	$550.00	Repairs: Stove insurance excess
Repairs: Hole in wall where tv was	$280.19	Repairs: Hole in wall where tv was
Lawns and Garden work	$50.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,448.37
Total payable by Tenant to Landlord	$2,448.37

Claims and awards for application 4472363 — net $2,448.37 NZD. Verify on MoJ.

Rent arrears

Amount: $1,470.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $77.74
Awarded to: Landlord
Reason: Water rates

Repairs: Stove insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: Stove insurance excess

Repairs: Hole in wall where tv was

Amount: $280.19
Awarded to: Landlord
Reason: Repairs: Hole in wall where tv was

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of all names and identifying details.
[The landlord’s representative/s] is granted leave to represent the owner, [The landlord/s].
The tenant claims are dismissed.
[The tenant/s] to pay [The landlord/s] $2,448.37 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) immediately apportioned as follows:

Reasons

On 31 May 2023 this matter was part heard in the Tribunal. All parties attended on that day and gave evidence.
The hearing was adjourned for further evidence to be filed by both parties and witnesses to be brought in order to complete hearing the claims.
The property manager from [The Property Management] attended the hearing today.
The owner did not attend the hearing today due to work commitments but his mother, [redacted], attended with authority from the owner and was granted leave to represent him.
The tenant did not attend the hearing today.
The landlord applied for the following: (a)Rent arrears to 16 November 2022 in the sum of $1470.00 (b)Water arrears to the end of the tenancy in the sum of $77.74 (c)Compensation for end of tenancy cleaning in the sum of $150.00 (d)Compensation for wall repairs in the sum of $280.19 (e)Payment of the insurance excess of $550.00 for damage to stove (f)Payment of the insurance excess of $550.00 for kitchen floor repairs (g)Compensation for locksmith charges totalling $380.65.
The tenant cross applied for the following: (a)Exemplary damages for unlawful entry (b)Compensation for landlord failure to provide and maintain the premises in a reasonable state of repair.
As there is no appearance from the tenant today and insufficient evidence has been provided to prove the claims, the tenant claims are dismissed.

How much is owed for rent and water rates?

The tenancy ended on 16 November 2022. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenant agreed that there was outstanding rent and water charges owed and did not dispute the amounts at the hearing on 31 May 2023.

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, 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 landlord claimed that the tenant did not leave the premises and the exterior reasonably clean and tidy. The tenant disputed this and claimed that the premises were cleaned by them. The landlord provided entry and exit reports and photographs. No invoice for cleaning and garden work was provided but the owner’s representative claimed that the family did clean up work at the property after the tenancy ended.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings, lightshades, skirtings, behind appliances, or the outside of a house. It is common that a landlord wishes to clean to an extra level so that they can re-tenant or sell. However, that is a business decision that a landlord makes at their cost.
From my assessment of the photos and the outgoing inspection report, the inside of these premises was left reasonably clean and tidy. However, the photos showed that some garden work was required. I have awarded $50.00 to be paid by the tenants towards this.
The landlord claimed that the tenant did not return the keys. The tenant disputed this and claimed that the landlord did not provide all the keys at the beginning of the tenancy. Evidence about the keys provided at the beginning of the tenancy was unclear. The tenant provided copies of messages to the agent requesting some keys in November 2021 many months after the tenancy started and a reply from the agent saying he did not know about these.
At the hearing on 31 May 2023 the landlord requested to bring the previous property manager as a witness regarding the keys but he did not attend today.
Having considered the evidence the Tribunal is not satisfied that the landlord has proved the claims for lock replacement on the balance of probabilities as the exact keys provided at the beginning of the tenancy are not proved.
The landlord also sought reimbursement of $138.00 for a screen door lock repair. This took place during the tenancy when the screen door was locked and the tenants could not open it. Initially the tenant paid this cost during the tenancy but was reimbursed by the landlord as it was established that the property manager had actually locked the screen door during an inspection. The Tribunal makes no orders in respect of this matter as it was resolved between the parties during the tenancy.

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.
The following damage was caused during the tenancy: (a) Damage to the stove. The damage is more than fair wear and tear, and the tenant accepted liability for the damage at the hearing on 31 May 2023. The landlord seeks reimbursement of the insurance excess of $550.00 and this amount is ordered as sought. (b) Damage to wall where tv was mounted. The damage is more than fair wear and tear, and the tenant accepted liability for the damage at the hearing on 31 May 2023. The landlord seeks reimbursement of the cost of repair in the sum of $280.19 and proof of this amount was provided. This amount is ordered as sought.
The landlord also sought reimbursement of the insurance excess for the repair of a cracked tile on the kitchen floor. The tenant denied causing this crack. In the entry photographs a mat is covering the area where the crack is claimed, and the Tribunal is not satisfied that the landlord has proved on the balance of probabilities that the damage was caused during the tenancy.
[The landlord’s representative/s] raised other damages during the hearing, however, as these claims were not included in the application and served on the tenant they could not be considered. Filing fee/suppression
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Both parties have had some success in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Tenancy Tribunal case 4472363 — Rent arrears

At a glance

Tenancy Tribunal case 4472363 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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