What was Tenancy Tribunal case 4593516 about?

The tribunal order states: [The first tenant’s] and [the landlord’s] name and identifying details, including

How much money was awarded in case 4593516?

Filing Fee: $20.44 awarded to landlord; Property Damage: $255.00 awarded to landlord; Property Damage: $1,458.97 awarded to landlord; Rent Arrears: $6,567.86 awarded to landlord; Replace Door And Lock And Repaint: $450.00 awarded to landlord; Replace Furnishings: Stove Top: $620.00 awarded to landlord; Replace Heat Pump Remote: $172.50 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord; Water Rates: $425.06 awarded to landlord

What type of tenancy dispute was case 4593516?

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

Where can I read the official tribunal order for case 4593516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474311-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4593516 about?

The tribunal order states: [The first tenant’s] and [the landlord’s] name and identifying details, including

How much money was awarded in case 4593516?

Filing Fee: $20.44 awarded to landlord; Property Damage: $255.00 awarded to landlord; Property Damage: $1,458.97 awarded to landlord; Rent Arrears: $6,567.86 awarded to landlord; Replace Door And Lock And Repaint: $450.00 awarded to landlord; Replace Furnishings: Stove Top: $620.00 awarded to landlord; Replace Heat Pump Remote: $172.50 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord; Water Rates: $425.06 awarded to landlord

What type of tenancy dispute was case 4593516?

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

Where can I read the official tribunal order for case 4593516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9474311-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4593516 — Rent arrears

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4593516 — 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 4593516 — net $6,469.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,567.86	Rent arrears
Water rates	$425.06	Water rates
Replace furnishings: Stove top	$620.00	Replace furnishings: Stove top
Replace heat pump remote	$172.50	Replace heat pump remote
Replace door and lock and repaint	$450.00	Replace door and lock and repaint
Repair stairwell wall’s paintwork	$255.00	Repair stairwell wall’s paintwork
Rubbish removal	$120.00	Rubbish removal
Repairs to waste pump	$1,458.97	Repairs to waste pump
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,469.83
Total payable by Tenant to Landlord	$6,469.83

Claims and awards for application 4593516 — net $6,469.83 NZD. Verify on MoJ.

Rent arrears

Amount: $6,567.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $425.06
Awarded to: Landlord
Reason: Water rates

Replace furnishings: Stove top

Amount: $620.00
Awarded to: Landlord
Reason: Replace furnishings: Stove top

Replace heat pump remote

Amount: $172.50
Awarded to: Landlord
Reason: Replace heat pump remote

Replace door and lock and repaint

Amount: $450.00
Awarded to: Landlord
Reason: Replace door and lock and repaint

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

[The first tenant’s] and [the landlord’s] name and identifying details, including the tenancy address must not be published.
The Bond Centre is directed to pay the bond of $3,620.00 to [the landlord] immediately.
[The tenants] must pay [the landlord] $6,469.83 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$6,567.86 Water rates$425.06 Replace furnishings: Stove top$620.00 Replace heat pump remote$172.50 Replace door and lock and repaint$450.00 Repair stairwell wall’s paintwork$255.00 Rubbish removal$120.00 Repairs to waste pump$1,458.97 Filing fee reimbursement$20.44 Total award$10,089.83 Bond$3,620.00 Total payable by Tenant to Landlord$6,469.83

Reasons

The first-named attended the hearing with her sister. The other tenant, Tamsin Greenslade, did not attend. 1
Two managers from the landlord property management company attended for the landlord.
The landlord has applied for rent and water arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 27 March 2023.
The landlord provided rent and water records which prove the amounts 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, tenants 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. 2
The tenants put rubbish in wheelie bins and put them on the road, but the rubbish was not collected because it was incorrectly sorted. The landlord had to pay a contractor to have it removed.
The landlord claimed for the cost of cleaning. However, there were no photographs to prove the premises were not left reasonably clean. The tenant who attended said she and her sister cleaned the premises at the end of the tenancy, leaving it tidier and cleaner than a that the beginning. The cleaning claim is not proven.
A heat pump remote was missing at the end of the tenancy. An order is made for the cost of its replacement.
The landlord claimed for two garage remotes. However, the tenant says they were never given any remotes, and there is no evidence to establish that they were. This claim is dismissed.
The amounts ordered are proved. 1 The claim was adjourned from 20 June 2023 for service and for the landlord to file and serve evidence. 2 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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. 3
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.
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. 4
The premises’ ceramic induction cooktop was badly cracked during the tenancy probably by blunt force impact. The damage was probably due to imprudent use. The cost of a replacement cooktop was $1,200.00 and the labour cost was $200.00.
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. Therefore, depreciation and betterment need to be accounted for. The original cooktop was about six-and-a-half years old. The likely lifespan of the cook top was about 10 years. The remaining value of the cooktop was therefore about $420.00.
The tenants damaged the stairwell wall paintwork by unsuccessfully trying to get a refrigerator up the stairs. The cost of repair was $510.00. I reduce the amount the tenants must pay to $255.00 to account for depreciation and betterment.
A bedroom door and lock were damaged probably by forcible entry. The cost of replacing the broken door was $450.00.
The vanity powder room’s sink evidently required professional unblocking at a cost of $120.00. However, there is no photograph to confirm the blockage or any invoice to prove the work was done and charged for. This claim is not allowed. 3 RTA, ss 40(2)(a), 41, and 49B. 4 Guo v Korck [2019] NZHC 1541.
A wastewater pump was damaged by the occupants putting wet wipes down the toilet. The was not reasonably prudent. The Tribunal orders the tenants to reimburse the landlord for the cost of repair which was $1,458.97.
The amounts ordered are proved. Filing fee
The tenants are ordered to reimburse the landlord for the filing fee because the landlord has substantially succeeded in its claim. Non-publication
The parties who appeared asked for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct of any other circumstances of the case.
The tenant has responsibly attended the Tribunal on two occasions to answer the claims. She has substantially succeeded in the proceedings because the amount ordered against her was significantly less than what was claimed. Publication is not in the public interest of otherwise justified.
Non-publication is ordered.

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 4593516 — net $6,469.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,567.86	Rent arrears
Water rates	$425.06	Water rates
Replace furnishings: Stove top	$620.00	Replace furnishings: Stove top
Replace heat pump remote	$172.50	Replace heat pump remote
Replace door and lock and repaint	$450.00	Replace door and lock and repaint
Repair stairwell wall’s paintwork	$255.00	Repair stairwell wall’s paintwork
Rubbish removal	$120.00	Rubbish removal
Repairs to waste pump	$1,458.97	Repairs to waste pump
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,469.83
Total payable by Tenant to Landlord	$6,469.83

Claims and awards for application 4593516 — net $6,469.83 NZD. Verify on MoJ.

Rent arrears

Amount: $6,567.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $425.06
Awarded to: Landlord
Reason: Water rates

Replace furnishings: Stove top

Amount: $620.00
Awarded to: Landlord
Reason: Replace furnishings: Stove top

Replace heat pump remote

Amount: $172.50
Awarded to: Landlord
Reason: Replace heat pump remote

Replace door and lock and repaint

Amount: $450.00
Awarded to: Landlord
Reason: Replace door and lock and repaint

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

[The first tenant’s] and [the landlord’s] name and identifying details, including the tenancy address must not be published.
The Bond Centre is directed to pay the bond of $3,620.00 to [the landlord] immediately.
[The tenants] must pay [the landlord] $6,469.83 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$6,567.86 Water rates$425.06 Replace furnishings: Stove top$620.00 Replace heat pump remote$172.50 Replace door and lock and repaint$450.00 Repair stairwell wall’s paintwork$255.00 Rubbish removal$120.00 Repairs to waste pump$1,458.97 Filing fee reimbursement$20.44 Total award$10,089.83 Bond$3,620.00 Total payable by Tenant to Landlord$6,469.83

Reasons

The first-named attended the hearing with her sister. The other tenant, Tamsin Greenslade, did not attend. 1
Two managers from the landlord property management company attended for the landlord.
The landlord has applied for rent and water arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 27 March 2023.
The landlord provided rent and water records which prove the amounts 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, tenants 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. 2
The tenants put rubbish in wheelie bins and put them on the road, but the rubbish was not collected because it was incorrectly sorted. The landlord had to pay a contractor to have it removed.
The landlord claimed for the cost of cleaning. However, there were no photographs to prove the premises were not left reasonably clean. The tenant who attended said she and her sister cleaned the premises at the end of the tenancy, leaving it tidier and cleaner than a that the beginning. The cleaning claim is not proven.
A heat pump remote was missing at the end of the tenancy. An order is made for the cost of its replacement.
The landlord claimed for two garage remotes. However, the tenant says they were never given any remotes, and there is no evidence to establish that they were. This claim is dismissed.
The amounts ordered are proved. 1 The claim was adjourned from 20 June 2023 for service and for the landlord to file and serve evidence. 2 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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. 3
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.
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. 4
The premises’ ceramic induction cooktop was badly cracked during the tenancy probably by blunt force impact. The damage was probably due to imprudent use. The cost of a replacement cooktop was $1,200.00 and the labour cost was $200.00.
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. Therefore, depreciation and betterment need to be accounted for. The original cooktop was about six-and-a-half years old. The likely lifespan of the cook top was about 10 years. The remaining value of the cooktop was therefore about $420.00.
The tenants damaged the stairwell wall paintwork by unsuccessfully trying to get a refrigerator up the stairs. The cost of repair was $510.00. I reduce the amount the tenants must pay to $255.00 to account for depreciation and betterment.
A bedroom door and lock were damaged probably by forcible entry. The cost of replacing the broken door was $450.00.
The vanity powder room’s sink evidently required professional unblocking at a cost of $120.00. However, there is no photograph to confirm the blockage or any invoice to prove the work was done and charged for. This claim is not allowed. 3 RTA, ss 40(2)(a), 41, and 49B. 4 Guo v Korck [2019] NZHC 1541.
A wastewater pump was damaged by the occupants putting wet wipes down the toilet. The was not reasonably prudent. The Tribunal orders the tenants to reimburse the landlord for the cost of repair which was $1,458.97.
The amounts ordered are proved. Filing fee
The tenants are ordered to reimburse the landlord for the filing fee because the landlord has substantially succeeded in its claim. Non-publication
The parties who appeared asked for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct of any other circumstances of the case.
The tenant has responsibly attended the Tribunal on two occasions to answer the claims. She has substantially succeeded in the proceedings because the amount ordered against her was significantly less than what was claimed. Publication is not in the public interest of otherwise justified.
Non-publication is ordered.

Tenancy Tribunal case 4593516 — Rent arrears

At a glance

Tenancy Tribunal case 4593516 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Order

Reasons

How much is owed for rent and water?

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