What was the outcome of Tenancy Tribunal case 4577841?

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

How much money was awarded in case 4577841?

Rent Arrears: $5,935.93 awarded to landlord

What type of tenancy dispute was case 4577841?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4577841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9323856-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4577841?

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

How much money was awarded in case 4577841?

Rent Arrears: $5,935.93 awarded to landlord

What type of tenancy dispute was case 4577841?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4577841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9323856-Tenancy_Tribunal_Order.pdf.

69 Munro Road, Minden, RD 7, Tauranga 3179 Tenancy Tribunal Case 4577841 — Rent arrears

Claims and awards in Tenancy Tribunal application 4577841 — net $2,735.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2023	$5,935.93	Rent arrears to 14 June 2023
Net award	$2,735.93
Total payable by Tenant to Landlord	$2,735.93

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Amanda Dawson must pay Anthony Hennessy $2,735.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,200.00 (3427425-007) to Anthony Hennessy immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for a bond refund and exemplary damages.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

Did the landlord terminate the tenancy without grounds?

The tenant claims that the landlord has breached their obligations under section 60AA of the Residential Tenancies Act 1986 (RTA).
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
On 21 March 2023, the landlord gave the tenant a 63-day notice to terminate the tenancy on the grounds that family members would be moving in. The end date of the tenancy was 24 May but the tenant did not move out until 14 June.
The tenant says she received the notice a couple of days after an altercation at the landlord’s home next door when he was a victim of a serious assault. The tenant relies on messages from the landlord and his partner which say (in summary) that the tenant should look for another place to live as she will be evicted. The tenant says that a couple of girls turned up on the day she was leaving and said they did not want to move in as it was a dump. The tenant says the premises has since been rented to another person and the landlord had no intention of renting to family as they just wanted her out.
I do not find that the landlord has committed an unlawful act. I heard direct evidence from the intended tenant whose children are related to the landlord’s partner. She confirmed that she signed a tenancy agreement and paid a bond to the landlord but changed her mind when she viewed the premises on the day the tenant was moving out.
Accordingly, the tenant has been unable to prove the landlord intentionally gave her a notice knowing that he was not entitled to.
The tenant’s claim is dismissed.

How much is owed for rent?

The tenancy ended on 14 June 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant was unable to provide sufficient evidence that she made cash payments that have not been accounted for.

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 landlord has not provided sufficient evidence to prove that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The video evidence provided by the tenant shows the premises was left in a reasonable state. Two sofas were left behind for the landlord’s other tenant. The landlord did not provide any evidence to prove that he disposed of any sofas or other rubbish.
The landlord says he had to replace 5 missing smoke alarms and the tenant removed his plants from the garden. The tenancy agreement notes only 2 smoke alarms and the tenant says she only removed her plants. The landlord did not provide sufficient evidence in support as there is no ingoing inspection report.
This part of the claim is dismissed.

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 landlord says the tenant damaged a cat door, cracked glass on the ranch slider door, and damaged some walls. The landlord has been unable to prove any of the alleged damages occurred during the tenancy as there are no inspection reports.
This part of the claim is also dismissed.

Claims and awards in Tenancy Tribunal application 4577841 — net $2,735.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2023	$5,935.93	Rent arrears to 14 June 2023
Net award	$2,735.93
Total payable by Tenant to Landlord	$2,735.93

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Amanda Dawson must pay Anthony Hennessy $2,735.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,200.00 (3427425-007) to Anthony Hennessy immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for a bond refund and exemplary damages.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

Did the landlord terminate the tenancy without grounds?

The tenant claims that the landlord has breached their obligations under section 60AA of the Residential Tenancies Act 1986 (RTA).
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
On 21 March 2023, the landlord gave the tenant a 63-day notice to terminate the tenancy on the grounds that family members would be moving in. The end date of the tenancy was 24 May but the tenant did not move out until 14 June.
The tenant says she received the notice a couple of days after an altercation at the landlord’s home next door when he was a victim of a serious assault. The tenant relies on messages from the landlord and his partner which say (in summary) that the tenant should look for another place to live as she will be evicted. The tenant says that a couple of girls turned up on the day she was leaving and said they did not want to move in as it was a dump. The tenant says the premises has since been rented to another person and the landlord had no intention of renting to family as they just wanted her out.
I do not find that the landlord has committed an unlawful act. I heard direct evidence from the intended tenant whose children are related to the landlord’s partner. She confirmed that she signed a tenancy agreement and paid a bond to the landlord but changed her mind when she viewed the premises on the day the tenant was moving out.
Accordingly, the tenant has been unable to prove the landlord intentionally gave her a notice knowing that he was not entitled to.
The tenant’s claim is dismissed.

How much is owed for rent?

The tenancy ended on 14 June 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant was unable to provide sufficient evidence that she made cash payments that have not been accounted for.

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 landlord has not provided sufficient evidence to prove that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The video evidence provided by the tenant shows the premises was left in a reasonable state. Two sofas were left behind for the landlord’s other tenant. The landlord did not provide any evidence to prove that he disposed of any sofas or other rubbish.
The landlord says he had to replace 5 missing smoke alarms and the tenant removed his plants from the garden. The tenancy agreement notes only 2 smoke alarms and the tenant says she only removed her plants. The landlord did not provide sufficient evidence in support as there is no ingoing inspection report.
This part of the claim is dismissed.

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 landlord says the tenant damaged a cat door, cracked glass on the ranch slider door, and damaged some walls. The landlord has been unable to prove any of the alleged damages occurred during the tenancy as there are no inspection reports.
This part of the claim is also dismissed.

Tenancy Tribunal case 4577841 — Rent arrears at 69 Munro Road, Minden, RD 7, Tauranga 3179

At a glance

Tenancy Tribunal case 4577841 — Rent arrears at 69 Munro Road, Minden, RD 7, Tauranga 3179

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord terminate the tenancy without grounds?

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

Dismissed claims

Order

Reasons

Did the landlord terminate the tenancy without grounds?

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