What was Tenancy Tribunal case 4582289 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4582289?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4582289?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4582289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914554-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4582289 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4582289?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4582289?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4582289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914554-Tribunal_Order_Redacted.pdf.

[Street address], Ellerslie, Auckland 1051 Tenancy Tribunal Case 4582289 — Cleanliness

Order

The landlord’s name and identifying details including the tenancy address must not be published.
Jonathan Stafford must pay [The landlord] $4,474.44 immediately, calculated as shown in table below.
All other claims are dismissed. Rent arrears to 15 January 2023$3,850.00 Cleaning$305.00 Window repairs$299.00 Filing fee reimbursement$20.44 Total award$4,474.44

Reasons

The landlord attended the hearing in person.
The tenant did not attend. The file shows that a Ministry of Business Innovation & Employment agent personally served the application on the tenant. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, exemplary damages for and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 January 2023. The landlord provided rent records which proved the amount owing for rent at the end of the tenancy is as set out in the table above.

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 and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount ordered for cleaning is 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. 1
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. 2
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. 3
A window by the front door was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord paid a contractor $299.00 to repair the damage. The amount ordered is proved. 1 Residential Tenancies Act 1986 (RTA) ss 40(2)(a), 41 and 49B RTA. 2 RTA, s 49B(1). 3 See Guo v Korck [2019] NZHC 1541. Other alleged breaches
The landlord claimed that the tenant was unlawfully subletting the premises.
The landlord found someone else living at the premises. While the tenant was not there, his belongings were there, so it was not apparent that the tenant had given possession over to the other person living there. The evidence suggests a flatmate arrangement rather than a subletting one.
The landlord claimed the tenant had carried out unlawful purposes or permitted them.
The landlord says a neighbour reported that the Police went around to the premises regularly and claims he could smell drugs in the premises.
This evidence does not satisfy on the balance of probabilities that the tenant was using or permitting the premises to be used for unlawful purposes. The landlord referred to a telephone conversation with the landlord’s uncle, but that is hearsay and I am not prepare to rely on it.
These claims are dismissed. Filing fee
The Tribunal orders the tenant to reimburse the landlord for the filing fee because he has been substantially successful in his claim. Non-publication
The landlord seeks non-publication of his name and identifying details. The landlord has substantially succeeded in the application. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case. 4

Order

The landlord’s name and identifying details including the tenancy address must not be published.
Jonathan Stafford must pay [The landlord] $4,474.44 immediately, calculated as shown in table below.
All other claims are dismissed. Rent arrears to 15 January 2023$3,850.00 Cleaning$305.00 Window repairs$299.00 Filing fee reimbursement$20.44 Total award$4,474.44

Reasons

The landlord attended the hearing in person.
The tenant did not attend. The file shows that a Ministry of Business Innovation & Employment agent personally served the application on the tenant. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, exemplary damages for and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 January 2023. The landlord provided rent records which proved the amount owing for rent at the end of the tenancy is as set out in the table above.

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 and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount ordered for cleaning is 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. 1
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. 2
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. 3
A window by the front door was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord paid a contractor $299.00 to repair the damage. The amount ordered is proved. 1 Residential Tenancies Act 1986 (RTA) ss 40(2)(a), 41 and 49B RTA. 2 RTA, s 49B(1). 3 See Guo v Korck [2019] NZHC 1541. Other alleged breaches
The landlord claimed that the tenant was unlawfully subletting the premises.
The landlord found someone else living at the premises. While the tenant was not there, his belongings were there, so it was not apparent that the tenant had given possession over to the other person living there. The evidence suggests a flatmate arrangement rather than a subletting one.
The landlord claimed the tenant had carried out unlawful purposes or permitted them.
The landlord says a neighbour reported that the Police went around to the premises regularly and claims he could smell drugs in the premises.
This evidence does not satisfy on the balance of probabilities that the tenant was using or permitting the premises to be used for unlawful purposes. The landlord referred to a telephone conversation with the landlord’s uncle, but that is hearsay and I am not prepare to rely on it.
These claims are dismissed. Filing fee
The Tribunal orders the tenant to reimburse the landlord for the filing fee because he has been substantially successful in his claim. Non-publication
The landlord seeks non-publication of his name and identifying details. The landlord has substantially succeeded in the application. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case. 4

Tenancy Tribunal case 4582289 — Cleanliness at [Street address], Ellerslie, Auckland 1051

Tenancy Tribunal case 4582289 — Cleanliness at [Street address], Ellerslie, Auckland 1051

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?

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?