What was Tenancy Tribunal case 4480260 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 4480260?

Filing Fee: $20.44 awarded to landlord; Property Damage: $732.55 awarded to landlord; Property Damage: $2,499.00 awarded to landlord; Rent Arrears: $5,757.44 awarded to landlord; Rubbish Removal: $219.00 awarded to landlord; Smoke Alarms: $5,550.00 awarded to landlord; Water Rates: $327.54 awarded to landlord

What type of tenancy dispute was case 4480260?

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

Where can I read the official tribunal order for case 4480260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11298423-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4480260 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 4480260?

Filing Fee: $20.44 awarded to landlord; Property Damage: $732.55 awarded to landlord; Property Damage: $2,499.00 awarded to landlord; Rent Arrears: $5,757.44 awarded to landlord; Rubbish Removal: $219.00 awarded to landlord; Smoke Alarms: $5,550.00 awarded to landlord; Water Rates: $327.54 awarded to landlord

What type of tenancy dispute was case 4480260?

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

Where can I read the official tribunal order for case 4480260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11298423-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4480260 — Rent arrears

Claims and awards in Tenancy Tribunal application 4480260 — net $12,505.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/01/2023	$5,757.44	Rent arrears to 18/01/2023
Water rates	$327.54	Water rates
Install smoke alarm - Replace 2 panels of glass in kitchen area - Mow grass of entire grass section (depreciation applie	$5,550.00	Install smoke alarm - Replace 2 panels of glass in kitchen area - Mow grass of entire grass section (depreciation applie
Carpet replacement (50% depreciation applied	$732.55	Carpet replacement (50% depreciation applied
Replacement heat pumps	$2,499.00	Replacement heat pumps
Rubbish removal - skip bin hire	$219.00	Rubbish removal - skip bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,505.97
Total payable by Tenant to Landlord	$12,505.97

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Leave is granted to consider the landlord’s application for rehearing out of time.
The landlord’s application for rehearing is granted. The Tribunal’s order of 24 April 2023 is set aside.
Ana Paongo must pay [The landlord/s] $12,505.97 immediately, calculated as shown in the table below.
The Bond Centre is to refund the bond of $2,600.00 to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. The hearing proceeded in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed. Rehearing application
On 14 October 2024, [The landlord/s] filed a rehearing application of a decision made by the Tribunal on 24 April 2023 dismissing the application due to non- appearance by [The landlord/s]’s former agent at the time (Rent Ezy Property Ltd) and the tenant.
[The landlord/s] has applied for a rehearing on the following grounds: I am writing to formally request the reopening of my case with the Tenancy Tribunal and to apply for a rehearing. The original case was filed by my property agent, who was acting on my behalf. Over the past two years, I have repeatedly asked him for updates regarding the hearing. However, each time, he informed me that there was no new information and that he had not heard anything from the Tribunal. After two years of growing frustration, I decided to contact the Tribunal's helpline directly. During this conversation, I was advised to check the case status online. To my shock, I discovered that the case had been dismissed due to non-attendance by both parties. I was never made aware of any hearing dates or notifications, and my property manager's ongoing lack of communication misled me into believing there had been no progress on the case. As a result, I have lost confidence in my property agent's handling of this matter and have decided to take full responsibility moving forward. I will personally attend all future hearings to ensure this issue is properly addressed. Given these circumstances, I kindly request that you reopen the case and grant a rehearing. Your assistance in this matter would be greatly appreciated.
Section 105 of the Residential Tenancies Act 1988 ("RTA") provides that every application for rehearing shall be made within 5 working days after the date of the decision or within such further time as the Tribunal may allow.
Section 105(1) RTA provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur".
[The landlord/s]’s out of time application has been made over a year after the claim was determined. That is significantly outside the period allowed in the RTA.
The RTA does not limit the circumstances under which an extension of time to file a rehearing can be granted. In considering the landlord’s application I have taken into account general principles of extending time when necessary to avoid a serious risk of injustice. I have weighed this against the need to ensure the Tribunal exercises its jurisdiction fairly and expeditiously as required by section 85 RTA.
In the circumstances, I find it reasonable to grant leave for [The landlord/s] to file the application out of time in light of the reasons outlined by him. I am persuaded on the evidence before me that natural justice does dictate that [The landlord/s] be given an opportunity to attend the Tribunal to present his case.
I am satisfied that a miscarriage of justice may have occurred and it is appropriate that a rehearing be granted.
Given I have not heard the substantive matters I considered it appropriate to proceed immediately with the claims sought by the landlord. Substantive matter
The landlord has applied for rent arrears, unpaid water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 18 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant breach their obligations?

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA.
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.
The landlord must provide sufficient evidence to discharge their burden of proof for each claim.
The landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and smoke alarms had to be replaced.
The landlord also proved that the tenant caused substantial damage to the property, supported by the final property inspection report, photographs, invoices, and video evidence. The evidence provided by the landlord indicates significant damage throughout the property, including the need for repairs and painting in multiple areas such as the bedrooms, bathroom, laundry, and toilet. The damage to the toilet, which required full replacement, and the missing or damaged curtains further supports the landlord’s claim. Additionally, the broken glass panels in the kitchen and the badly stained and damaged carpet reinforce the extent of the damage. The heat pumps being damaged adds to the overall severity of the situation. The 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. Some depreciation has been applied to the items damaged, such as the paintwork and carpet.
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the tenant to reimburse the filing fee and grant suppression of the landlord’s name.

Claims and awards in Tenancy Tribunal application 4480260 — net $12,505.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/01/2023	$5,757.44	Rent arrears to 18/01/2023
Water rates	$327.54	Water rates
Install smoke alarm - Replace 2 panels of glass in kitchen area - Mow grass of entire grass section (depreciation applie	$5,550.00	Install smoke alarm - Replace 2 panels of glass in kitchen area - Mow grass of entire grass section (depreciation applie
Carpet replacement (50% depreciation applied	$732.55	Carpet replacement (50% depreciation applied
Replacement heat pumps	$2,499.00	Replacement heat pumps
Rubbish removal - skip bin hire	$219.00	Rubbish removal - skip bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,505.97
Total payable by Tenant to Landlord	$12,505.97

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Leave is granted to consider the landlord’s application for rehearing out of time.
The landlord’s application for rehearing is granted. The Tribunal’s order of 24 April 2023 is set aside.
Ana Paongo must pay [The landlord/s] $12,505.97 immediately, calculated as shown in the table below.
The Bond Centre is to refund the bond of $2,600.00 to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application. The hearing proceeded in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed. Rehearing application
On 14 October 2024, [The landlord/s] filed a rehearing application of a decision made by the Tribunal on 24 April 2023 dismissing the application due to non- appearance by [The landlord/s]’s former agent at the time (Rent Ezy Property Ltd) and the tenant.
[The landlord/s] has applied for a rehearing on the following grounds: I am writing to formally request the reopening of my case with the Tenancy Tribunal and to apply for a rehearing. The original case was filed by my property agent, who was acting on my behalf. Over the past two years, I have repeatedly asked him for updates regarding the hearing. However, each time, he informed me that there was no new information and that he had not heard anything from the Tribunal. After two years of growing frustration, I decided to contact the Tribunal's helpline directly. During this conversation, I was advised to check the case status online. To my shock, I discovered that the case had been dismissed due to non-attendance by both parties. I was never made aware of any hearing dates or notifications, and my property manager's ongoing lack of communication misled me into believing there had been no progress on the case. As a result, I have lost confidence in my property agent's handling of this matter and have decided to take full responsibility moving forward. I will personally attend all future hearings to ensure this issue is properly addressed. Given these circumstances, I kindly request that you reopen the case and grant a rehearing. Your assistance in this matter would be greatly appreciated.
Section 105 of the Residential Tenancies Act 1988 ("RTA") provides that every application for rehearing shall be made within 5 working days after the date of the decision or within such further time as the Tribunal may allow.
Section 105(1) RTA provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur".
[The landlord/s]’s out of time application has been made over a year after the claim was determined. That is significantly outside the period allowed in the RTA.
The RTA does not limit the circumstances under which an extension of time to file a rehearing can be granted. In considering the landlord’s application I have taken into account general principles of extending time when necessary to avoid a serious risk of injustice. I have weighed this against the need to ensure the Tribunal exercises its jurisdiction fairly and expeditiously as required by section 85 RTA.
In the circumstances, I find it reasonable to grant leave for [The landlord/s] to file the application out of time in light of the reasons outlined by him. I am persuaded on the evidence before me that natural justice does dictate that [The landlord/s] be given an opportunity to attend the Tribunal to present his case.
I am satisfied that a miscarriage of justice may have occurred and it is appropriate that a rehearing be granted.
Given I have not heard the substantive matters I considered it appropriate to proceed immediately with the claims sought by the landlord. Substantive matter
The landlord has applied for rent arrears, unpaid water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 18 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant breach their obligations?

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA.
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.
The landlord must provide sufficient evidence to discharge their burden of proof for each claim.
The landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and smoke alarms had to be replaced.
The landlord also proved that the tenant caused substantial damage to the property, supported by the final property inspection report, photographs, invoices, and video evidence. The evidence provided by the landlord indicates significant damage throughout the property, including the need for repairs and painting in multiple areas such as the bedrooms, bathroom, laundry, and toilet. The damage to the toilet, which required full replacement, and the missing or damaged curtains further supports the landlord’s claim. Additionally, the broken glass panels in the kitchen and the badly stained and damaged carpet reinforce the extent of the damage. The heat pumps being damaged adds to the overall severity of the situation. The 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. Some depreciation has been applied to the items damaged, such as the paintwork and carpet.
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the tenant to reimburse the filing fee and grant suppression of the landlord’s name.

Tenancy Tribunal case 4480260 — Rent arrears

At a glance

Tenancy Tribunal case 4480260 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant breach their obligations?

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 breach their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions