What was Tenancy Tribunal case 4586309 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4586309?

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 4586309?

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

Where can I read the official tribunal order for case 4586309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9517719-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4586309 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4586309?

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 4586309?

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

Where can I read the official tribunal order for case 4586309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9517719-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4586309 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,163.30 ([Bond number suppressed]) to [The landlord/s] immediately.
Dane Tipene Keepa to pay [The landlord/s] $2,163.30, calculated as shown in table below.

Reasons

The property managers attended the hearing on behalf of the landlord. The tenant did not attend.
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 landlord originally applied for termination of the tenancy but that is no longer relevant at the tenant vacated the premises in mid-June 2023.

How much is owed for rent?

The tenancy was a fixed term tenancy from 18 November 2022 through to 19 February 2024. The tenant began falling behind in rent and vacated the premises in mid-June 2023. The property manager advertised for new tenants and re-let the premises on 25 June 2023.
The landlord provided rent records which prove the amount owing up to 24 June 2023 which aligns with the date the premises were re-let.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Specifically, the tenant had dogs at the premises, in breach of the tenancy agreement, which resulted in the carpets in two of the bedrooms requiring professional cleaning. The tenants also left behind a large oil drum.
The property manager provided photographs of the oil drum, a letter from [Carpet Cleaning Company] regarding the dog odour and an invoice for the professional cleaning of two of the bedrooms.
The property manager has not yet removed the oil drum but estimated it would cost approximately $80.00 to remove the drum. Whilst an invoice has not been provided, I consider that the amount sought is reasonable compensation that the tenant must pay to the landlord for the removal of the oil drum.
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. Two holes in the wall of one of the bedrooms; and b. Missing cords from 3-4 of the window blinds.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord produced pre and post tenancy photographs and invoices supporting the repairs completed.
The amounts ordered are proved. Filing fee and suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I have similarly awarded suppression of the landlord’s name and identifying details. T Lee-Lewis 11 October 2023

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,163.30 ([Bond number suppressed]) to [The landlord/s] immediately.
Dane Tipene Keepa to pay [The landlord/s] $2,163.30, calculated as shown in table below.

Reasons

The property managers attended the hearing on behalf of the landlord. The tenant did not attend.
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 landlord originally applied for termination of the tenancy but that is no longer relevant at the tenant vacated the premises in mid-June 2023.

How much is owed for rent?

The tenancy was a fixed term tenancy from 18 November 2022 through to 19 February 2024. The tenant began falling behind in rent and vacated the premises in mid-June 2023. The property manager advertised for new tenants and re-let the premises on 25 June 2023.
The landlord provided rent records which prove the amount owing up to 24 June 2023 which aligns with the date the premises were re-let.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Specifically, the tenant had dogs at the premises, in breach of the tenancy agreement, which resulted in the carpets in two of the bedrooms requiring professional cleaning. The tenants also left behind a large oil drum.
The property manager provided photographs of the oil drum, a letter from [Carpet Cleaning Company] regarding the dog odour and an invoice for the professional cleaning of two of the bedrooms.
The property manager has not yet removed the oil drum but estimated it would cost approximately $80.00 to remove the drum. Whilst an invoice has not been provided, I consider that the amount sought is reasonable compensation that the tenant must pay to the landlord for the removal of the oil drum.
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. Two holes in the wall of one of the bedrooms; and b. Missing cords from 3-4 of the window blinds.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord produced pre and post tenancy photographs and invoices supporting the repairs completed.
The amounts ordered are proved. Filing fee and suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I have similarly awarded suppression of the landlord’s name and identifying details. T Lee-Lewis 11 October 2023

Tenancy Tribunal case 4586309 — Rent arrears

Tenancy Tribunal case 4586309 — Rent arrears

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?