What was Tenancy Tribunal case 4499498 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 4499498?

Cleaning: $431.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $359.99 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rent Arrears: $3,664.28 awarded to landlord; Paint: $39.96 awarded to landlord; Smoke Alarms: $146.72 awarded to landlord; Rubbish Removal: $793.62 awarded to landlord; Rubbish Removal: $127.20 awarded to landlord

What type of tenancy dispute was case 4499498?

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

Where can I read the official tribunal order for case 4499498?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185225-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4499498 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 4499498?

Cleaning: $431.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $359.99 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rent Arrears: $3,664.28 awarded to landlord; Paint: $39.96 awarded to landlord; Smoke Alarms: $146.72 awarded to landlord; Rubbish Removal: $793.62 awarded to landlord; Rubbish Removal: $127.20 awarded to landlord

What type of tenancy dispute was case 4499498?

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

Where can I read the official tribunal order for case 4499498?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185225-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4499498 — Rent arrears

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4499498 — 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 4499498 — net $4,174.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,664.28	Rent arrears
Cleaning	$431.25	Cleaning
Lawns and Garden work	$359.99	Lawns and Garden work
Rubbish removal	$793.62	Rubbish removal
Lock/key replacement	$391.00	Lock/key replacement
Replace furnishings: blinds and smoke alarms	$146.72	Replace furnishings: blinds and smoke alarms
Repairs: paint	$39.96	Repairs: paint
Rubbish removal: green waste	$127.20	Rubbish removal: green waste
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,174.46
Total payable by Tenant to Landlord	$4,174.46

Claims and awards for application 4499498 — net $4,174.46 NZD. Verify on MoJ.

Rent arrears

Amount: $3,664.28
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $431.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $359.99
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $793.62
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $391.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: blinds and smoke alarms

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kendall Frederickson must pay [The landlord/s] $4,174.46 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,664.28 Cleaning$431.25 Lawns and Garden work$359.99 Rubbish removal$793.62 Lock/key replacement$391.00 Replace furnishings: blinds and smoke alarms$146.72 Repairs: paint$39.96 Rubbish removal: green waste$127.20 Filing fee reimbursement$20.44 Total award$5,974.46 Bond$1,800.00 Total payable by Tenant to Landlord$4,174.46

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 21 March 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. From the photographs, it appeared as if the tenant had simply walked out leaving behind a substantial amount of possessions and rubbish.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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 photographic evidence that the tenant had damaged a blind in the property which was new at the start of the tenancy and had caused minor damage to the lounge walls which required repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse 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 4499498 — net $4,174.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,664.28	Rent arrears
Cleaning	$431.25	Cleaning
Lawns and Garden work	$359.99	Lawns and Garden work
Rubbish removal	$793.62	Rubbish removal
Lock/key replacement	$391.00	Lock/key replacement
Replace furnishings: blinds and smoke alarms	$146.72	Replace furnishings: blinds and smoke alarms
Repairs: paint	$39.96	Repairs: paint
Rubbish removal: green waste	$127.20	Rubbish removal: green waste
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,174.46
Total payable by Tenant to Landlord	$4,174.46

Claims and awards for application 4499498 — net $4,174.46 NZD. Verify on MoJ.

Rent arrears

Amount: $3,664.28
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $431.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $359.99
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $793.62
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $391.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: blinds and smoke alarms

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kendall Frederickson must pay [The landlord/s] $4,174.46 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,664.28 Cleaning$431.25 Lawns and Garden work$359.99 Rubbish removal$793.62 Lock/key replacement$391.00 Replace furnishings: blinds and smoke alarms$146.72 Repairs: paint$39.96 Rubbish removal: green waste$127.20 Filing fee reimbursement$20.44 Total award$5,974.46 Bond$1,800.00 Total payable by Tenant to Landlord$4,174.46

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 21 March 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. From the photographs, it appeared as if the tenant had simply walked out leaving behind a substantial amount of possessions and rubbish.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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 photographic evidence that the tenant had damaged a blind in the property which was new at the start of the tenancy and had caused minor damage to the lounge walls which required repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4499498 — Rent arrears

At a glance

Tenancy Tribunal case 4499498 — 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