What was Tenancy Tribunal case 4596449 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 4596449?

Rubbish Removal: $2,878.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $368.57 awarded to landlord; Towel Rail: $288.00 awarded to landlord; Water Rates: $183.69 awarded to landlord

What type of tenancy dispute was case 4596449?

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

Where can I read the official tribunal order for case 4596449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473120-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4596449 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 4596449?

Rubbish Removal: $2,878.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $368.57 awarded to landlord; Towel Rail: $288.00 awarded to landlord; Water Rates: $183.69 awarded to landlord

What type of tenancy dispute was case 4596449?

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

Where can I read the official tribunal order for case 4596449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473120-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4596449 — Rent arrears

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New Zealand Tenancy Tribunal Case 4596449 — 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 4596449 — net $3,739.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$368.57	Rent arrears
Repairs: towel rail	$288.00	Repairs: towel rail
Cleaning: and rubbish removal	$2,878.45	Cleaning: and rubbish removal
Water rates	$183.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,739.15
Total payable by Tenant to Landlord	$3,739.15

Claims and awards for application 4596449 — net $3,739.15 NZD. Verify on MoJ.

Rent arrears

Amount: $368.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: towel rail

Amount: $288.00
Awarded to: Landlord
Reason: Repairs: towel rail

Cleaning: and rubbish removal

Amount: $2,878.45
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Water rates

Amount: $183.69
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sione Vakautalau Kaufana and Mafileo Kaufana must pay [The landlord/s] $3,739.15 immediately, calculated as shown in table below.

Reasons

Both parties attended the 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 and water arrears?

The tenancy ended on 8 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and as ordered 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, 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 tenant was given the opportunity to clean but told the landlord: “:Go clean up yourself”.
Photographs shown to me of the condition of the premises at the exit of the tenants corroborate the landlord’s evidence that the premises were not left reasonably clean and tidy and that the tenants left behind a significant amount of rubbish, which had to be removed.
I find that the costs incurred by the landlord were reasonable and the claim is proven, as ordered above.

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.
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 wants to recover the cost of repairs to the oven. This includes replacing an element, which appear to have been pushed in and was no longer working, as well as replacement of three thermostats.
I am satisfied the tenant has damage the oven but I am not prepared to award any damages in favour of the landlord.
The landlord was unable to advise how old the oven was, but advised it was at least three years old. I am therefore unable to calculate what depreciation should apply. 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. I cannot discount the possibility that the oven was at the end of its useful life, anyway.
I am however satisfied that the landlord should be awarded the cost of $288, being the cost to repair a detached towel rail, damage that was caused by the tenant.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed 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 4596449 — net $3,739.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$368.57	Rent arrears
Repairs: towel rail	$288.00	Repairs: towel rail
Cleaning: and rubbish removal	$2,878.45	Cleaning: and rubbish removal
Water rates	$183.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,739.15
Total payable by Tenant to Landlord	$3,739.15

Claims and awards for application 4596449 — net $3,739.15 NZD. Verify on MoJ.

Rent arrears

Amount: $368.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: towel rail

Amount: $288.00
Awarded to: Landlord
Reason: Repairs: towel rail

Cleaning: and rubbish removal

Amount: $2,878.45
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Water rates

Amount: $183.69
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sione Vakautalau Kaufana and Mafileo Kaufana must pay [The landlord/s] $3,739.15 immediately, calculated as shown in table below.

Reasons

Both parties attended the 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 and water arrears?

The tenancy ended on 8 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and as ordered 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, 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 tenant was given the opportunity to clean but told the landlord: “:Go clean up yourself”.
Photographs shown to me of the condition of the premises at the exit of the tenants corroborate the landlord’s evidence that the premises were not left reasonably clean and tidy and that the tenants left behind a significant amount of rubbish, which had to be removed.
I find that the costs incurred by the landlord were reasonable and the claim is proven, as ordered above.

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.
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 wants to recover the cost of repairs to the oven. This includes replacing an element, which appear to have been pushed in and was no longer working, as well as replacement of three thermostats.
I am satisfied the tenant has damage the oven but I am not prepared to award any damages in favour of the landlord.
The landlord was unable to advise how old the oven was, but advised it was at least three years old. I am therefore unable to calculate what depreciation should apply. 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. I cannot discount the possibility that the oven was at the end of its useful life, anyway.
I am however satisfied that the landlord should be awarded the cost of $288, being the cost to repair a detached towel rail, damage that was caused by the tenant.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4596449 — Rent arrears

At a glance

Tenancy Tribunal case 4596449 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water arrears?

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 arrears?

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