What was the outcome of Tenancy Tribunal case 4565176?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4565176?

Cleaning: $1,000.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Disposal Tenants Belongings: $50.00 awarded to landlord; Rent Arrears: $4,060.00 awarded to landlord

What type of tenancy dispute was case 4565176?

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

Where can I read the official tribunal order for case 4565176?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9369865-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4565176?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4565176?

Cleaning: $1,000.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Disposal Tenants Belongings: $50.00 awarded to landlord; Rent Arrears: $4,060.00 awarded to landlord

What type of tenancy dispute was case 4565176?

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

Where can I read the official tribunal order for case 4565176?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9369865-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 904, 1 Greys Avenue, Auckland Central, Tenancy Tribunal Case 4565176 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4565176 — net $5,260.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 May 2023	$4,060.00	Rent arrears to 29 May 2023
Carpet Cleaning and insurance excess	$1,000.00	Carpet Cleaning and insurance excess
Disposal Tenants belongings	$50.00	Disposal Tenants belongings
Cleaning	$150.00	Cleaning
Net award	$5,260.00
Total payable by Tenant to Landlord	$5,260.00

The Landlord attended the hearing. The Tenant did not appear.

The Landlord has applied for rent arrears and compensation. At the hearing the Landlord withdrew their claims for advertising costs and costs associated with finding a new Tenant as the Owner planned to move into the property.

How much is owed for rent?

The tenancy ended on 29 May 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 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 Landlord submitted the Tenants left unexpectedly. There were flies on the floors and the kitchen sink and bathroom required cleaning. An outgoing inspection report and invoice was provided.

The Tenant also left behind some belongings which included their bed, vacuum, clothing rack and toiletries. The Tenant agreed for the Landlord to dispose of this which the Landlord claimed disposal costs for. An email was provided confirming the Tenants consent that they did not wish to retain these belongings.

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: Damage to bedroom carpet.

The Landlord claimed the Tenant caused damage to the carpet in the bedroom. After unsuccessfully attempting to clean what appeared to be stains, it was discovered the damage was burnt carpet fibres which required replacing of the whole carpet. The Landlord claimed insurance excess and costs to clean the carpet professionally. An outgoing inspection report was provided. The property was brand new and the Tenant was the first occupant. The damage is more than wear and tear and the Tenant has not disproved liability.

The amount ordered is proved.

As name suppression was not requested, an Order was not made. The filing fee was not requested in the Landlord’s application so reimbursement has not been granted either.

Claims and awards in Tenancy Tribunal application 4565176 — net $5,260.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 May 2023	$4,060.00	Rent arrears to 29 May 2023
Carpet Cleaning and insurance excess	$1,000.00	Carpet Cleaning and insurance excess
Disposal Tenants belongings	$50.00	Disposal Tenants belongings
Cleaning	$150.00	Cleaning
Net award	$5,260.00
Total payable by Tenant to Landlord	$5,260.00

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Maxamillian Neal and Antonia Milostic must pay Jdh Property Limited - As Agent For Tina Tan $5,260.00 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The Landlord has applied for rent arrears and compensation. At the hearing the Landlord withdrew their claims for advertising costs and costs associated with finding a new Tenant as the Owner planned to move into the property.

How much is owed for rent?

The tenancy ended on 29 May 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 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 Landlord submitted the Tenants left unexpectedly. There were flies on the floors and the kitchen sink and bathroom required cleaning. An outgoing inspection report and invoice was provided.
The Tenant also left behind some belongings which included their bed, vacuum, clothing rack and toiletries. The Tenant agreed for the Landlord to dispose of this which the Landlord claimed disposal costs for. An email was provided confirming the Tenants consent that they did not wish to retain these belongings.
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: Damage to bedroom carpet.
The Landlord claimed the Tenant caused damage to the carpet in the bedroom. After unsuccessfully attempting to clean what appeared to be stains, it was discovered the damage was burnt carpet fibres which required replacing of the whole carpet. The Landlord claimed insurance excess and costs to clean the carpet professionally. An outgoing inspection report was provided. The property was brand new and the Tenant was the first occupant. The damage is more than wear and tear and the Tenant has not disproved liability.
The amount ordered is proved.
As name suppression was not requested, an Order was not made. The filing fee was not requested in the Landlord’s application so reimbursement has not been granted either.

Tenancy Tribunal case 4565176 — Rent arrears at Unit/Flat Unit 904, 1 Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4565176 — Rent arrears at Unit/Flat Unit 904, 1 Greys Avenue, Auckland Central,

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

Property management

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

Property management

Frequently asked questions