What was Tenancy Tribunal case 4529571 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 4529571?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4432789 D…: $12,772.56 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $2,800.00 awarded to landlord; Walls, Doors Etc: $2,288.50 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $246.11 awarded to landlord

What type of tenancy dispute was case 4529571?

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

Where can I read the official tribunal order for case 4529571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9319396-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4529571 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 4529571?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4432789 D…: $12,772.56 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $2,800.00 awarded to landlord; Walls, Doors Etc: $2,288.50 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Water Rates: $246.11 awarded to landlord

What type of tenancy dispute was case 4529571?

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

Where can I read the official tribunal order for case 4529571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9319396-Tribunal_Order_Redacted.pdf.

Unit/Flat 28, 14 Ambrico Place, New Lynn, Auckland 0600, Tenancy Tribunal Case 4529571 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4529571 — net $20,847.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,800.00	Rent arrears
Previous order application 4432789 dated 09/01/2023	$12,772.56	Previous order application 4432789 dated 09/01/2023
Water rates	$246.11	Water rates
Repairs: Walls, doors etc	$2,288.50	Repairs: Walls, doors etc
Rubbish removal	$1,380.00	Rubbish removal
Cleaning	$1,150.00	Cleaning
Lock/key replacement	$189.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20,847.36
Total payable by Tenant to Landlord	$20,847.36

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.

An earlier hearing was held on 9 January 2023. On that day the Tribunal made an order for rent arrears to 9 January 2023, water rates, costs for replacing a broken window and reimbursement of the filing fee. That order is incorporated with this order. Landlord application

The landlord has applied for rent arrears, water rates compensation, 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 6 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Following the earlier hearing the bond of $2,800.00 was released to the landlord and that amount has been applied to the rent arrears owed.

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.

The tenant did not return the keys.

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: wall holes, broken doors, broken window handle. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I have suppressed the landlord’s name.

Claims and awards in Tenancy Tribunal application 4529571 — net $20,847.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,800.00	Rent arrears
Previous order application 4432789 dated 09/01/2023	$12,772.56	Previous order application 4432789 dated 09/01/2023
Water rates	$246.11	Water rates
Repairs: Walls, doors etc	$2,288.50	Repairs: Walls, doors etc
Rubbish removal	$1,380.00	Rubbish removal
Cleaning	$1,150.00	Cleaning
Lock/key replacement	$189.75	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20,847.36
Total payable by Tenant to Landlord	$20,847.36

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Shakera Moana Weir must pay [The landlord/s] $20,847.36 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
An earlier hearing was held on 9 January 2023. On that day the Tribunal made an order for rent arrears to 9 January 2023, water rates, costs for replacing a broken window and reimbursement of the filing fee. That order is incorporated with this order. Landlord application
The landlord has applied for rent arrears, water rates compensation, 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 6 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Following the earlier hearing the bond of $2,800.00 was released to the landlord and that amount has been applied to the rent arrears owed.

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.
The tenant did not return the keys.
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: wall holes, broken doors, broken window handle. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I have suppressed the landlord’s name.

Tenancy Tribunal case 4529571 — Rent arrears at Unit/Flat 28, 14 Ambrico Place, New Lynn, Auckland 0600,

At a glance

Tenancy Tribunal case 4529571 — Rent arrears at Unit/Flat 28, 14 Ambrico Place, New Lynn, Auckland 0600,

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