What was the outcome of Tenancy Tribunal case 4585853?

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

How much money was awarded in case 4585853?

Filing Fee: $20.44 awarded to landlord; GST Component Of The Break Fee That…: $67.50 awarded to landlord; Heat Pump Remote: $88.26 awarded to landlord; Property Damage: $744.74 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Rubbish Removal: $276.00 awarded to landlord

What type of tenancy dispute was case 4585853?

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

Where can I read the official tribunal order for case 4585853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9237593-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4585853?

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

How much money was awarded in case 4585853?

Filing Fee: $20.44 awarded to landlord; GST Component Of The Break Fee That…: $67.50 awarded to landlord; Heat Pump Remote: $88.26 awarded to landlord; Property Damage: $744.74 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Rubbish Removal: $276.00 awarded to landlord

What type of tenancy dispute was case 4585853?

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

Where can I read the official tribunal order for case 4585853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9237593-Tenancy_Tribunal_Order.pdf.

366 Herbert Street, Windsor, Invercargill 9810 Tenancy Tribunal Case 4585853 — Rent arrears

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366 Herbert Street, Windsor, Invercargill 9810 Tenancy Tribunal Case 4585853 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4585853 — net $1,196.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (4 weeks notice	$1,800.00	Rent arrears (4 weeks notice
Wallpaper repairs	$744.74	Wallpaper repairs
Rubbish removal	$276.00	Rubbish removal
Heat pump remote	$88.26	Heat pump remote
GST component of the break fee that was paid	$67.50	GST component of the break fee that was paid
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,196.94
Total payable by Tenant to Landlord	$1,196.94

Claims and awards for application 4585853 — net $1,196.94 NZD. Verify on MoJ.

Rent arrears (4 weeks notice

Amount: $1,800.00
Awarded to: Landlord
Reason: Rent arrears (4 weeks notice

Wallpaper repairs

Amount: $744.74
Awarded to: Landlord
Reason: Wallpaper repairs

Rubbish removal

Amount: $276.00
Awarded to: Landlord
Reason: Rubbish removal

Heat pump remote

Amount: $88.26
Awarded to: Landlord
Reason: Heat pump remote

GST component of the break fee that was paid

Amount: $67.50
Awarded to: Landlord
Reason: GST component of the break fee that was paid

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
David Neil Hogan must pay Invercargill Property Management Limited $1,196.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3160770-015) to Invercargill Property Management Limited immediately.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended with the tenant providing a text giving two days’ notice. He failed to obtain the landlord’s consent. The landlord claims 4 weeks rent as compensation.

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 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:
The wallpaper on two walls in the bedroom were ripped and required repair. This was carried out the most economical way. The heat pump also needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I am advised that there maybe the opportunity for the landlord to claim from from EMERGE Aotearoa for the Tenancy Costs Cover. If successful, the amount awarded will need to be deducted accordingly.
Because Invercargill Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4585853 — net $1,196.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (4 weeks notice	$1,800.00	Rent arrears (4 weeks notice
Wallpaper repairs	$744.74	Wallpaper repairs
Rubbish removal	$276.00	Rubbish removal
Heat pump remote	$88.26	Heat pump remote
GST component of the break fee that was paid	$67.50	GST component of the break fee that was paid
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,196.94
Total payable by Tenant to Landlord	$1,196.94

Claims and awards for application 4585853 — net $1,196.94 NZD. Verify on MoJ.

Rent arrears (4 weeks notice

Amount: $1,800.00
Awarded to: Landlord
Reason: Rent arrears (4 weeks notice

Wallpaper repairs

Amount: $744.74
Awarded to: Landlord
Reason: Wallpaper repairs

Rubbish removal

Amount: $276.00
Awarded to: Landlord
Reason: Rubbish removal

Heat pump remote

Amount: $88.26
Awarded to: Landlord
Reason: Heat pump remote

GST component of the break fee that was paid

Amount: $67.50
Awarded to: Landlord
Reason: GST component of the break fee that was paid

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
David Neil Hogan must pay Invercargill Property Management Limited $1,196.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3160770-015) to Invercargill Property Management Limited immediately.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended with the tenant providing a text giving two days’ notice. He failed to obtain the landlord’s consent. The landlord claims 4 weeks rent as compensation.

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 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:
The wallpaper on two walls in the bedroom were ripped and required repair. This was carried out the most economical way. The heat pump also needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I am advised that there maybe the opportunity for the landlord to claim from from EMERGE Aotearoa for the Tenancy Costs Cover. If successful, the amount awarded will need to be deducted accordingly.
Because Invercargill Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4585853 — Rent arrears at 366 Herbert Street, Windsor, Invercargill 9810

At a glance

Tenancy Tribunal case 4585853 — Rent arrears at 366 Herbert Street, Windsor, Invercargill 9810

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