What was Tenancy Tribunal case 4603149 about?

The tribunal order states: Donyle Waiata Erihe must pay [The landlord/s] $1,948.67 immediately, calculated

How much money was awarded in case 4603149?

Cleaning: $395.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Property Damage: $39.79 awarded to landlord; Property Damage: $199.99 awarded to landlord; Property Damage: $1,265.00 awarded to landlord; Rent Arrears: $1,735.00 awarded to landlord; Rubbish Removal: $490.00 awarded to landlord; Water Rates: $115.55 awarded to tenant

What type of tenancy dispute was case 4603149?

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

Where can I read the official tribunal order for case 4603149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9622058-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4603149 about?

The tribunal order states: Donyle Waiata Erihe must pay [The landlord/s] $1,948.67 immediately, calculated

How much money was awarded in case 4603149?

Cleaning: $395.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Property Damage: $39.79 awarded to landlord; Property Damage: $199.99 awarded to landlord; Property Damage: $1,265.00 awarded to landlord; Rent Arrears: $1,735.00 awarded to landlord; Rubbish Removal: $490.00 awarded to landlord; Water Rates: $115.55 awarded to tenant

What type of tenancy dispute was case 4603149?

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

Where can I read the official tribunal order for case 4603149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9622058-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4603149 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4603149 — net $1,948.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 7.5.23	$1,735.00		Rent arrears to 7.5.23
Cleaning	$395.00		Cleaning
Rubbish removal	$490.00		Rubbish removal
Lawns and garden work	$299.00		Lawns and garden work
Lock/key replacement	$39.79		Lock/key replacement
Repairs to window	$199.99		Repairs to window
Repairs to walls	$1,265.00		Repairs to walls
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates – credit		$115.55	Water rates – credit
Total award	$4,444.22	$115.55
Net award	$1,948.67
Total payable by Tenant to Landlord	$1,948.67

Only the landlord attended the hearing. The tenant was notified but did not appear at the scheduled time, and the hearing proceeded in her absence.

The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 May 2023. The landlord has explained the circumstances and has provided supporting evidence to show when the tenancy came to an end. The landlord provided rent records to establish the amount owing at the end of the tenancy.

The landlord also explained that the tenant was in credit in terms of the water charges and therefore, this amount is noted in the table 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims that the tenant has been in breach of the above obligations and seeks the following costs: • Cleaning • Rubbish removal • Gardening and lawns • Lock change and key replacement

The landlord has established, with photographic evidence, that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was extensive rubbish left behind. The lawns and garden were untidy. There was also a need to change the locks, as the tenant had only returned one key, rather than the full set.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the walls and a window. To be successful, 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 of the 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) of the 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) of the 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) of the RTA.

The landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for this premises is $595.00 per week.

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) of the 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.

From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to multiple walls throughout the house. The landlord seeks one- third of the total amount invoiced ($1,265.00). • Bedroom window. The glass had been removed and needed to be replaced ($199.99).

The above 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. Filing fee and name suppression

Because the landlord has been successful, the filing fee is reimbursed. The landlord’s request for name suppression is also granted.

Claims and awards in Tenancy Tribunal application 4603149 — net $1,948.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 7.5.23	$1,735.00		Rent arrears to 7.5.23
Cleaning	$395.00		Cleaning
Rubbish removal	$490.00		Rubbish removal
Lawns and garden work	$299.00		Lawns and garden work
Lock/key replacement	$39.79		Lock/key replacement
Repairs to window	$199.99		Repairs to window
Repairs to walls	$1,265.00		Repairs to walls
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates – credit		$115.55	Water rates – credit
Total award	$4,444.22	$115.55
Net award	$1,948.67
Total payable by Tenant to Landlord	$1,948.67

Order

Donyle Waiata Erihe must pay [The landlord/s] $1,948.67 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing. The tenant was notified but did not appear at the scheduled time, and the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 7 May 2023. The landlord has explained the circumstances and has provided supporting evidence to show when the tenancy came to an end. The landlord provided rent records to establish the amount owing at the end of the tenancy.
The landlord also explained that the tenant was in credit in terms of the water charges and therefore, this amount is noted in the table 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims that the tenant has been in breach of the above obligations and seeks the following costs: • Cleaning • Rubbish removal • Gardening and lawns • Lock change and key replacement
The landlord has established, with photographic evidence, that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was extensive rubbish left behind. The lawns and garden were untidy. There was also a need to change the locks, as the tenant had only returned one key, rather than the full set.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the walls and a window. To be successful, 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 of the 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and advises that the insurance excess is $500.00. The rent for this premises is $595.00 per week.
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) of the 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.
From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to multiple walls throughout the house. The landlord seeks one- third of the total amount invoiced ($1,265.00). • Bedroom window. The glass had been removed and needed to be replaced ($199.99).
The above 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. Filing fee and name suppression
Because the landlord has been successful, the filing fee is reimbursed. The landlord’s request for name suppression is also granted.

Tenancy Tribunal case 4603149 — Rent arrears

At a glance

Tenancy Tribunal case 4603149 — Rent arrears

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

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

Frequently asked questions