How much money was awarded in case 4603129?

Cleaning: $350.67 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Filing Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing (Consent: $63.65 awarded to landlord; Property Damage: $333.00 awarded to landlord; Rent Arrears: $3,561.43 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord; Water Rates: $691.65 awarded to landlord

What type of tenancy dispute was case 4603129?

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

Where can I read the official tribunal order for case 4603129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9460469-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4603129?

Cleaning: $350.67 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Filing Fee: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawn Mowing (Consent: $63.65 awarded to landlord; Property Damage: $333.00 awarded to landlord; Rent Arrears: $3,561.43 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord; Water Rates: $691.65 awarded to landlord

What type of tenancy dispute was case 4603129?

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

Where can I read the official tribunal order for case 4603129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9460469-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4603129 — Rent arrears

Q: What was Tenancy Tribunal case 4603129 about?

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

Order

Claims and awards in Tenancy Tribunal application 4603129 — net $3,429.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2023 (consent	$3,561.43	Rent arrears to 27 March 2023 (consent
Water rates	$691.65	Water rates
Cleaning	$350.67	Cleaning
Lawn mowing (consent	$63.65	Lawn mowing (consent
Rubbish removal (consent	$327.75	Rubbish removal (consent
Lock/key replacement (consent	$333.00	Lock/key replacement (consent
Filing fees on 2 applications resulting in mediators' orders	$40.88	Filing fees on 2 applications resulting in mediators' orders
Filing fee on warrant for eviction	$200.00	Filing fee on warrant for eviction
Filing fee reimbursement for this application	$20.44	Filing fee reimbursement for this application
Net award	$3,429.47
Total payable by Tenant to Landlord	$3,429.47

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Nomereta Taupau and Naoai Taupau must pay [The landlord/s] $3,429.47 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The tenant Ms Taupau attended by phone.

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 rates?

The tenancy ended on 27 March 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the amount of rent owing.

The landlord provided water rates statements that prove the amount claimed for water rates. The owner of the premises paid the water rates and seeks reimbursement from the tenant. Although the tenant disputed liability for water rates, I find the amount claimed is proved as a tenant liability.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant accepted the landlord’s claims for lawn mowing, rubbish removal and lock/key replacement. I allow those claims by consent.

The tenant disputed the landlord’s claim for cleaning. She said she left the premises reasonably clean.

The landlord produced photos from the start of the tenancy and from the end of tenancy inspection. The photos and the invoice prove the amount claimed for cleaning. Objectively viewed, the tenant did not leave the premises reasonably clean.

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 landlord has claimed for the repair of 2 broken windows. The damage occurred during the tenancy so it for the tenant to prove that she should not be liable for the repair cost.

The damage is not fair wear and tear.

The tenant reported the damage. She said she did not know how it occurred. It happened while the tenant was not at the premises. She said it might have been caused by children playing nearby.

I am not satisfied that the tenant, or someone at the premises with her consent, caused the damage to the windows. I accept her evidence that probably some unknown third party caused the damage. I dismiss the landlord’s claim for the repair of this damage.

I have awarded the landlord the filing fees on the 2 previous applications that resulted in mediators’ orders as well as the filing fee on this application.

I have awarded the landlord the filing fee on the warrant for eviction as there is not other way this fee can be claimed.

Both parties sought a name suppression order. The landlord is entitled to name suppression as the application is mostly successful. The tenant is not entitled to name suppression as her defence to the application is mostly unsuccessful – see section 95A Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4603129 — net $3,429.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2023 (consent	$3,561.43	Rent arrears to 27 March 2023 (consent
Water rates	$691.65	Water rates
Cleaning	$350.67	Cleaning
Lawn mowing (consent	$63.65	Lawn mowing (consent
Rubbish removal (consent	$327.75	Rubbish removal (consent
Lock/key replacement (consent	$333.00	Lock/key replacement (consent
Filing fees on 2 applications resulting in mediators' orders	$40.88	Filing fees on 2 applications resulting in mediators' orders
Filing fee on warrant for eviction	$200.00	Filing fee on warrant for eviction
Filing fee reimbursement for this application	$20.44	Filing fee reimbursement for this application
Net award	$3,429.47
Total payable by Tenant to Landlord	$3,429.47

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Nomereta Taupau and Naoai Taupau must pay [The landlord/s] $3,429.47 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The tenant Ms Taupau attended by phone.
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 rates?

The tenancy ended on 27 March 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the amount of rent owing.
The landlord provided water rates statements that prove the amount claimed for water rates. The owner of the premises paid the water rates and seeks reimbursement from the tenant. Although the tenant disputed liability for water rates, I find the amount claimed is proved as a tenant liability.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant accepted the landlord’s claims for lawn mowing, rubbish removal and lock/key replacement. I allow those claims by consent.
The tenant disputed the landlord’s claim for cleaning. She said she left the premises reasonably clean.
The landlord produced photos from the start of the tenancy and from the end of tenancy inspection. The photos and the invoice prove the amount claimed for cleaning. Objectively viewed, the tenant did not leave the premises reasonably clean.

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 landlord has claimed for the repair of 2 broken windows. The damage occurred during the tenancy so it for the tenant to prove that she should not be liable for the repair cost.
The damage is not fair wear and tear.
The tenant reported the damage. She said she did not know how it occurred. It happened while the tenant was not at the premises. She said it might have been caused by children playing nearby.
I am not satisfied that the tenant, or someone at the premises with her consent, caused the damage to the windows. I accept her evidence that probably some unknown third party caused the damage. I dismiss the landlord’s claim for the repair of this damage.
I have awarded the landlord the filing fees on the 2 previous applications that resulted in mediators’ orders as well as the filing fee on this application.
I have awarded the landlord the filing fee on the warrant for eviction as there is not other way this fee can be claimed.
Both parties sought a name suppression order. The landlord is entitled to name suppression as the application is mostly successful. The tenant is not entitled to name suppression as her defence to the application is mostly unsuccessful – see section 95A Residential Tenancies Act 1986.

Tenancy Tribunal case 4603129 — Rent arrears

At a glance

Tenancy Tribunal case 4603129 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 rates?

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