How much money was awarded in case 4536073?

Property Damage: $640.00 awarded to landlord; Cleaning: $620.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Treatment: $310.00 awarded to landlord; Property Damage: $475.00 awarded to landlord; Remove [Electricity Device: $35.00 awarded to landlord; Rent Arrears: $5,518.17 awarded to landlord; To Walls: $1,848.00 awarded to landlord; Replace Heat Pump Remote: $90.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Rates: $249.82 awarded to landlord

What type of tenancy dispute was case 4536073?

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

Where can I read the official tribunal order for case 4536073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9173442-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4536073?

Property Damage: $640.00 awarded to landlord; Cleaning: $620.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Treatment: $310.00 awarded to landlord; Property Damage: $475.00 awarded to landlord; Remove [Electricity Device: $35.00 awarded to landlord; Rent Arrears: $5,518.17 awarded to landlord; To Walls: $1,848.00 awarded to landlord; Replace Heat Pump Remote: $90.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Water Rates: $249.82 awarded to landlord

What type of tenancy dispute was case 4536073?

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

Where can I read the official tribunal order for case 4536073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9173442-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4536073 — Rent arrears

Q: What was Tenancy Tribunal case 4536073 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 4536073 — net $9,266.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2023	$5,518.17	Rent arrears to 27 March 2023
Water rates: to end of tenancy	$249.82	Water rates: to end of tenancy
Remove [electricity device	$35.00	Remove [electricity device
Cleaning	$620.00	Cleaning
Pest treatment	$310.00	Pest treatment
Rubbish removal: and lawns	$1,500.00	Rubbish removal: and lawns
Repairs: to walls	$1,848.00	Repairs: to walls
__________________________________________________________________________________ 45360732 Repairs: to door frame, wind	$640.00	__________________________________________________________________________________ 45360732 Repairs: to door frame, wind
Replace heat pump remote	$90.00	Replace heat pump remote
Lock/key replacement	$475.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,266.43
Total payable by Tenant to Landlord	$9,266.43

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

[The tenant/s] must pay [The landlord/s] $9,266.43, calculated as shown in table below.

The tenant must pay the debt in order 2 at the rate of $20.00 per week.

The first payment must be made by Thursday 27 July 2023 and payments must be made each week by Thursday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 27 March 2023$5,518.17 Water rates: to end of tenancy$249.82 Remove [electricity device]$35.00 Cleaning$620.00 Pest treatment$310.00 Rubbish removal: and lawns$1,500.00 Repairs: to walls$1,848.00 Repairs: to door frame, window, toilet seat$640.00 Replace heat pump remote$90.00 Lock/key replacement$475.00 Filing fee reimbursement$20.44 Total award$11,306.43 Minus Bond$2,040.00 Total payable by Tenant to Landlord$9,266.43

Reasons

Both parties attended the hearing. [The landlord/s' representative] attended for the landlord and [Tenant 1] attended for both tenants.

The tenants rented a freshly renovated 1960s three-bedroom home in June 2019. The tenancy continued until the tenants moved out in March 2023.

The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water and power?

The tenancy ended on 27 March 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenant agreed that rent and water was owing and did not dispute these amounts.

The tenant agreed that they had a [electricity device] installed and did not remove it at the end of the tenancy. The landlord provided confirmation of the cost of removal in the sum of $35.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: the heat pump remote.

The amounts ordered for cleaning, rubbish removal and lawns, pest treatment and lock replacement are proved. Photographs and an invoice from [Maintenance company] was provided.

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 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: damage to walls and door frame, damage to toilet seat and window damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant did not dispute the damage caused. The landlord advised that there was no insurance for the damage.

The amounts ordered are proved. Entry and exit photographs were provided together with an invoice from [Maintenance company] itemising the repairs done. Filing fee/ suppression

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. [The landlord/s] has been successful and seeks suppression of all party names and details. The parties have explained the circumstances of this case and the difficult situation that led to the end of the tenancy and this application. The tenant has attended today as he is seeking to resolve matters.

Having considered the factors in this case the Tribunal considers that the interests of the parties outweighs the public interest and grants suppression as sought.

Claims and awards in Tenancy Tribunal application 4536073 — net $9,266.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2023	$5,518.17	Rent arrears to 27 March 2023
Water rates: to end of tenancy	$249.82	Water rates: to end of tenancy
Remove [electricity device	$35.00	Remove [electricity device
Cleaning	$620.00	Cleaning
Pest treatment	$310.00	Pest treatment
Rubbish removal: and lawns	$1,500.00	Rubbish removal: and lawns
Repairs: to walls	$1,848.00	Repairs: to walls
__________________________________________________________________________________ 45360732 Repairs: to door frame, wind	$640.00	__________________________________________________________________________________ 45360732 Repairs: to door frame, wind
Replace heat pump remote	$90.00	Replace heat pump remote
Lock/key replacement	$475.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,266.43
Total payable by Tenant to Landlord	$9,266.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $9,266.43, calculated as shown in table below.
The tenant must pay the debt in order 2 at the rate of $20.00 per week.
The first payment must be made by Thursday 27 July 2023 and payments must be made each week by Thursday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 27 March 2023$5,518.17 Water rates: to end of tenancy$249.82 Remove [electricity device]$35.00 Cleaning$620.00 Pest treatment$310.00 Rubbish removal: and lawns$1,500.00 Repairs: to walls$1,848.00 Repairs: to door frame, window, toilet seat$640.00 Replace heat pump remote$90.00 Lock/key replacement$475.00 Filing fee reimbursement$20.44 Total award$11,306.43 Minus Bond$2,040.00 Total payable by Tenant to Landlord$9,266.43

Reasons

Both parties attended the hearing. [The landlord/s' representative] attended for the landlord and [Tenant 1] attended for both tenants.
The tenants rented a freshly renovated 1960s three-bedroom home in June 2019. The tenancy continued until the tenants moved out in March 2023.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water and power?

The tenancy ended on 27 March 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenant agreed that rent and water was owing and did not dispute these amounts.
The tenant agreed that they had a [electricity device] installed and did not remove it at the end of the tenancy. The landlord provided confirmation of the cost of removal in the sum of $35.00.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: the heat pump remote.
The amounts ordered for cleaning, rubbish removal and lawns, pest treatment and lock replacement are proved. Photographs and an invoice from [Maintenance company] was provided.

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 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: damage to walls and door frame, damage to toilet seat and window damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant did not dispute the damage caused. The landlord advised that there was no insurance for the damage.
The amounts ordered are proved. Entry and exit photographs were provided together with an invoice from [Maintenance company] itemising the repairs done. Filing fee/ suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. [The landlord/s] has been successful and seeks suppression of all party names and details. The parties have explained the circumstances of this case and the difficult situation that led to the end of the tenancy and this application. The tenant has attended today as he is seeking to resolve matters.
Having considered the factors in this case the Tribunal considers that the interests of the parties outweighs the public interest and grants suppression as sought.

Tenancy Tribunal case 4536073 — Rent arrears

At a glance

Tenancy Tribunal case 4536073 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water and power?

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, water and power?

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