How much money was awarded in case 4518512?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $93.15 awarded to landlord; Property Damage: $1,152.07 awarded to landlord; Rent Arrears: $3,367.85 awarded to landlord; TV Bracket, Oven Tray And Roasting D…: $72.21 awarded to landlord

What type of tenancy dispute was case 4518512?

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

Where can I read the official tribunal order for case 4518512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225862-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4518512?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $93.15 awarded to landlord; Property Damage: $1,152.07 awarded to landlord; Rent Arrears: $3,367.85 awarded to landlord; TV Bracket, Oven Tray And Roasting D…: $72.21 awarded to landlord

What type of tenancy dispute was case 4518512?

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

Where can I read the official tribunal order for case 4518512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225862-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4518512 — Rent arrears

Q: What was Tenancy Tribunal case 4518512 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4518512 — net $2,655.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 March 2023	$3,367.85	Rent arrears to 25 March 2023
Cleaning	$250.00	Cleaning
Lock/key replacement	$93.15	Lock/key replacement
TV Bracket, oven tray and roasting dish	$72.21	TV Bracket, oven tray and roasting dish
Repairs to walls	$1,152.07	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,655.72
Total payable by Tenant to Landlord	$2,655.72

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Jeremy Sharp must pay [The landlord/s] $2,655.72 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,300.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.

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 25 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy. The tenant had made some attempt to clean the premises, however the landlord’s evidence establishes that the landlord and a cleaner had to carry out further cleaning to get the premises to the standard required under the RTA.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: the TV bracket that was attached to the wall, oven trays and a roasting dish.

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.

I am satisfied three areas were damaged on walls to the premises which required repairing and the damaged walls then required painting. I am satisfied from the evidence it would have been known that the walls would be damaged when the damage was done therefore I find the damage is more probably than not caused intentionally.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlord has succeeded with its claim the filing fee is reimbursed and the landlord is granted suppression (see sections 102(4) and 95A, RTA).

Claims and awards in Tenancy Tribunal application 4518512 — net $2,655.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 March 2023	$3,367.85	Rent arrears to 25 March 2023
Cleaning	$250.00	Cleaning
Lock/key replacement	$93.15	Lock/key replacement
TV Bracket, oven tray and roasting dish	$72.21	TV Bracket, oven tray and roasting dish
Repairs to walls	$1,152.07	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,655.72
Total payable by Tenant to Landlord	$2,655.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Jeremy Sharp must pay [The landlord/s] $2,655.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.
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 25 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The tenant had made some attempt to clean the premises, however the landlord’s evidence establishes that the landlord and a cleaner had to carry out further cleaning to get the premises to the standard required under the RTA.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: the TV bracket that was attached to the wall, oven trays and a roasting dish.
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.
I am satisfied three areas were damaged on walls to the premises which required repairing and the damaged walls then required painting. I am satisfied from the evidence it would have been known that the walls would be damaged when the damage was done therefore I find the damage is more probably than not caused intentionally.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has succeeded with its claim the filing fee is reimbursed and the landlord is granted suppression (see sections 102(4) and 95A, RTA).

Tenancy Tribunal case 4518512 — Rent arrears

At a glance

Tenancy Tribunal case 4518512 — 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