What was Tenancy Tribunal case 4538511 about?

The tribunal order states: Alanah Annan must pay [The landlord/s] $5,266.94 immediately, calculated as

How much money was awarded in case 4538511?

Cleaning: $150.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,746.50 awarded to landlord; Laundry Cabinet Doors/Letter Box: $200.00 awarded to landlord

What type of tenancy dispute was case 4538511?

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

Where can I read the official tribunal order for case 4538511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837974-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4538511 about?

The tribunal order states: Alanah Annan must pay [The landlord/s] $5,266.94 immediately, calculated as

How much money was awarded in case 4538511?

Cleaning: $150.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,746.50 awarded to landlord; Laundry Cabinet Doors/Letter Box: $200.00 awarded to landlord

What type of tenancy dispute was case 4538511?

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

Where can I read the official tribunal order for case 4538511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837974-Tribunal_Order_Redacted.pdf.

10 Oka Street, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4538511 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4538511 — net $5,266.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,746.50	Rent arrears
Carpet Cleaning	$150.00	Carpet Cleaning
Cleaning: Part cleaning	$150.00	Cleaning: Part cleaning
Repairs: Laundry cabinet doors/letter box	$200.00	Repairs: Laundry cabinet doors/letter box
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,266.94
Total payable by Tenant to Landlord	$5,266.94

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. This matter had previously been adjourned I was satisfied adequate service had now completed and I continued with the hearing after the call to the tenant went unanswered.

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 tenancy was a fixed-term tenancy that ended earlier (8 January 2023) by mutual agreement.

How much is owed for rent?

The tenancy ended on 8 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,746.50. The bond was released earlier for other rent arrears at that time.

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 generally left the premises reasonably clean and tidy, but some spot cleaning and removal of rubbish was required. The invoiced cost of $150.00 is supported by photos and is awarded in full.

The carpet had staining and a carpet clean for $150.00 was conducted. This was supported by photos and is awarded in full.

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 following damage was caused during the tenancy: a. Letter box knocked over. This occurred during the tenancy and the tenant has said she would have it repaired/reinstated. This was not done and the cost of repair is awarded. $100.00 is awarded for this. b. Laundry tub doors needed reattaching. The doors had detached from the joinery and the cause is more than likely accidental. The cost of repair is awarded. $100.00 is awarded for this.

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

The amounts ordered are proved by an invoice for $264.50. The award amount of $200.00 is the calculated share for the above repairs. Some external vent cleaning was also included in that invoice and it is not considered a tenant liability or cost. Application filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4538511 — net $5,266.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,746.50	Rent arrears
Carpet Cleaning	$150.00	Carpet Cleaning
Cleaning: Part cleaning	$150.00	Cleaning: Part cleaning
Repairs: Laundry cabinet doors/letter box	$200.00	Repairs: Laundry cabinet doors/letter box
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,266.94
Total payable by Tenant to Landlord	$5,266.94

Order

Alanah Annan must pay [The landlord/s] $5,266.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. This matter had previously been adjourned I was satisfied adequate service had now completed and I continued with the hearing after the call to the tenant went unanswered.
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 tenancy was a fixed-term tenancy that ended earlier (8 January 2023) by mutual agreement.

How much is owed for rent?

The tenancy ended on 8 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,746.50. The bond was released earlier for other rent arrears at that time.

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 generally left the premises reasonably clean and tidy, but some spot cleaning and removal of rubbish was required. The invoiced cost of $150.00 is supported by photos and is awarded in full.
The carpet had staining and a carpet clean for $150.00 was conducted. This was supported by photos and is awarded in full.
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 following damage was caused during the tenancy: a. Letter box knocked over. This occurred during the tenancy and the tenant has said she would have it repaired/reinstated. This was not done and the cost of repair is awarded. $100.00 is awarded for this. b. Laundry tub doors needed reattaching. The doors had detached from the joinery and the cause is more than likely accidental. The cost of repair is awarded. $100.00 is awarded for this.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an invoice for $264.50. The award amount of $200.00 is the calculated share for the above repairs. Some external vent cleaning was also included in that invoice and it is not considered a tenant liability or cost. Application filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4538511 — Rent arrears at 10 Oka Street, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 4538511 — Rent arrears at 10 Oka Street, Papamoa Beach, Papamoa 3118

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