What was the outcome of Tenancy Tribunal case 4498621?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4498621?

Cleaning: $110.00 awarded to landlord; Dump Fee: $187.00 awarded to landlord; Dump Labour: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $700.00 awarded to landlord; Property Damage: $165.95 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rent Arrears: $270.00 awarded to landlord; Rubbish Removal: $97.50 awarded to landlord

What type of tenancy dispute was case 4498621?

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

Where can I read the official tribunal order for case 4498621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9186705-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4498621?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4498621?

Cleaning: $110.00 awarded to landlord; Dump Fee: $187.00 awarded to landlord; Dump Labour: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $700.00 awarded to landlord; Property Damage: $165.95 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rent Arrears: $270.00 awarded to landlord; Rubbish Removal: $97.50 awarded to landlord

What type of tenancy dispute was case 4498621?

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

Where can I read the official tribunal order for case 4498621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9186705-Tenancy_Tribunal_Order.pdf.

8 Dalmeny Street, Tokoroa 3420 Tenancy Tribunal Case 4498621 — Rent arrears

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8 Dalmeny Street, Tokoroa 3420 Tenancy Tribunal Case 4498621 — 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 4498621 — net $198.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$270.00	Rent arrears
Window repairs	$165.95	Window repairs
Lawns and Garden work	$700.00	Lawns and Garden work
Rubbish removal: garage	$97.50	Rubbish removal: garage
Cleaning	$110.00	Cleaning
Lock/key replacement	$97.75	Lock/key replacement
Dump fee	$187.00	Dump fee
Dump labour	$150.00	Dump labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$198.64
Total payable by Tenant to Landlord	$198.64

Claims and awards for application 4498621 — net $198.64 NZD. Verify on MoJ.

Rent arrears

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $165.95
Awarded to: Landlord
Reason: Window repairs

Lawns and Garden work

Amount: $700.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: garage

Amount: $97.50
Awarded to: Landlord
Reason: Rubbish removal: garage

Cleaning

Amount: $110.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Leeanne Kino must pay Property Brokers Waikato Limited As Agent For Ke Leang Mong $198.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (5925313-005) to Property Brokers Waikato Limited as Agent For Ke Leang Mong 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.
The application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
The application has not been served in accordance with these requirements.
The landlord located the tenant at her place of work and directed that the notice of hearing be sent there. The notice was sent to this address.
The landlord has been in contact with the tenant via email after the tenancy ended. Communication stopped in December 2022.
I find that the landlord made all reasonable efforts to locate the tenant and direct that service be dispensed with. See section 91B Residential Tenancies Act 1986.

How much is owed for rent?

The tenancy ended on 23 November 2022. The landlord provided up to date rent records and 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, and did not remove all rubbish.
There was no clear evidence supporting the total claimed for cleaning, only the oven and some flooring I find were not reasonably clean.
The grounds at the premises were large and overgrown at the end of the tenancy requiring weed eating before mowing. The clearing and dumping fees for this area are awarded. There was a small area of garden. I find the tree and shrub pruning as the landlord’s responsibility as this is a maintenance issue.
The labour for removing rubbish from the house and dumping are not awarded as there was no evidence that there was any rubbish inside the premises. The removal of items from the garage is awarded.
The tenant did not return the keys. One key was broken off in the lock.
Photographs were provided supporting these claims and 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: A windowpane in a glass door was broken. The tenant did not appear to give an explanation for this. I find that it was careless damage.
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.
Because Property Brokers Waikato Limited As Agent For Ke Leang Mong has substantially succeeded with the claim I have reimbursed the filing fee.

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 4498621 — net $198.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$270.00	Rent arrears
Window repairs	$165.95	Window repairs
Lawns and Garden work	$700.00	Lawns and Garden work
Rubbish removal: garage	$97.50	Rubbish removal: garage
Cleaning	$110.00	Cleaning
Lock/key replacement	$97.75	Lock/key replacement
Dump fee	$187.00	Dump fee
Dump labour	$150.00	Dump labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$198.64
Total payable by Tenant to Landlord	$198.64

Claims and awards for application 4498621 — net $198.64 NZD. Verify on MoJ.

Rent arrears

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears

Window repairs

Amount: $165.95
Awarded to: Landlord
Reason: Window repairs

Lawns and Garden work

Amount: $700.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: garage

Amount: $97.50
Awarded to: Landlord
Reason: Rubbish removal: garage

Cleaning

Amount: $110.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Leeanne Kino must pay Property Brokers Waikato Limited As Agent For Ke Leang Mong $198.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (5925313-005) to Property Brokers Waikato Limited as Agent For Ke Leang Mong 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.
The application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
The application has not been served in accordance with these requirements.
The landlord located the tenant at her place of work and directed that the notice of hearing be sent there. The notice was sent to this address.
The landlord has been in contact with the tenant via email after the tenancy ended. Communication stopped in December 2022.
I find that the landlord made all reasonable efforts to locate the tenant and direct that service be dispensed with. See section 91B Residential Tenancies Act 1986.

How much is owed for rent?

The tenancy ended on 23 November 2022. The landlord provided up to date rent records and 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, and did not remove all rubbish.
There was no clear evidence supporting the total claimed for cleaning, only the oven and some flooring I find were not reasonably clean.
The grounds at the premises were large and overgrown at the end of the tenancy requiring weed eating before mowing. The clearing and dumping fees for this area are awarded. There was a small area of garden. I find the tree and shrub pruning as the landlord’s responsibility as this is a maintenance issue.
The labour for removing rubbish from the house and dumping are not awarded as there was no evidence that there was any rubbish inside the premises. The removal of items from the garage is awarded.
The tenant did not return the keys. One key was broken off in the lock.
Photographs were provided supporting these claims and 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: A windowpane in a glass door was broken. The tenant did not appear to give an explanation for this. I find that it was careless damage.
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.
Because Property Brokers Waikato Limited As Agent For Ke Leang Mong has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4498621 — Rent arrears at 8 Dalmeny Street, Tokoroa 3420

At a glance

Tenancy Tribunal case 4498621 — Rent arrears at 8 Dalmeny Street, Tokoroa 3420

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

Property management

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

Property management

Frequently asked questions