How much money was awarded in case 4604757?

Cleaning: $470.00 awarded to landlord; Cleaning: $530.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $103.50 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $304.75 awarded to landlord; Rent Arrears: $2,892.86 awarded to landlord; Property Damage: $420.74 awarded to landlord; Water Rates: $89.92 awarded to landlord

What type of tenancy dispute was case 4604757?

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

Where can I read the official tribunal order for case 4604757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9528802-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4604757?

Cleaning: $470.00 awarded to landlord; Cleaning: $530.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $103.50 awarded to landlord; Property Damage: $90.00 awarded to landlord; Property Damage: $304.75 awarded to landlord; Rent Arrears: $2,892.86 awarded to landlord; Property Damage: $420.74 awarded to landlord; Water Rates: $89.92 awarded to landlord

What type of tenancy dispute was case 4604757?

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

Where can I read the official tribunal order for case 4604757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9528802-Tribunal_Order_Redacted.pdf.

5 Awataha Crescent, Pyes Pa, Tauranga 3110 Tenancy Tribunal Case 4604757 — Rent arrears

Q: What was Tenancy Tribunal case 4604757 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 4604757 — net $1,922.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.4.23	$2,892.86	Rent arrears to 13.4.23
Water rates	$89.92	Water rates
Repairs: Window repair	$420.74	Repairs: Window repair
Carpet Cleaning	$470.00	Carpet Cleaning
Lock/key replacement	$304.75	Lock/key replacement
Lock/key replacement: Garage remotes	$90.00	Lock/key replacement: Garage remotes
Cleaning	$530.00	Cleaning
Lawns and Garden work: and rubbish removal	$103.50	Lawns and Garden work: and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.21
Total payable by Tenant to Landlord	$1,922.21

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

Ashley Mossop and Ryan Mossop must pay [The landlord/s] $1,922.21 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants did not appear.

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 13 April 2023.The landlords had given the tenants a 14 day notice to remedy some issues at the tenancy. When they returned to find if this had been completed, they discovered that the tenant had left.

The landlords negotiated with the tenants and agreed on a 28 day notice terminating the tenancy. The landlords chose not to charge a break lease fee for this fixed term tenancy.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

An up to date rent summary and copies of two water rates notices were provided.

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. Photographs of drawings on walls, pillars and windows were provided. There was good evidence supporting the claim that the kitchen was not left reasonably clean and tidy, and cupboards not wiped out. There was not enough clear evidence to support the full claim made for cleaning and the award is reduced.

The tenants left the rubbish bins full and some recycling.

The lawns required mowing and clippings to be removed.

The tenant did not return the keys. The tenant changed the locks during the tenancy and did not inform the landlord or supply them with a new set of keys. An invoice from ‘minuteman’ was provided.

The two garage remotes required reprogramming. An invoice was provided from [Garage door supplier].

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 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 following damage was caused during the tenancy: A double glazed window was broken and boarded over, and the carpet was stained in most of the bedrooms, and the dining and living areas.

Evidence was provided that the window was not broken at the start of the tenancy and the carpets were unmarked.

The window repair was less than the landlord’s insurance excess and there was no evidence provided on how this damage occurred.

The carpet stain was removed by specialist cleaning.

The 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.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Section 95A RTA states regarding suppression orders that 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 requested suppression and has substantially succeeded in the proceedings and therefore are entitled to it by right. Suppression is ordered for the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4604757 — net $1,922.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.4.23	$2,892.86	Rent arrears to 13.4.23
Water rates	$89.92	Water rates
Repairs: Window repair	$420.74	Repairs: Window repair
Carpet Cleaning	$470.00	Carpet Cleaning
Lock/key replacement	$304.75	Lock/key replacement
Lock/key replacement: Garage remotes	$90.00	Lock/key replacement: Garage remotes
Cleaning	$530.00	Cleaning
Lawns and Garden work: and rubbish removal	$103.50	Lawns and Garden work: and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.21
Total payable by Tenant to Landlord	$1,922.21

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ashley Mossop and Ryan Mossop must pay [The landlord/s] $1,922.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants did not appear.
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 13 April 2023.The landlords had given the tenants a 14 day notice to remedy some issues at the tenancy. When they returned to find if this had been completed, they discovered that the tenant had left.
The landlords negotiated with the tenants and agreed on a 28 day notice terminating the tenancy. The landlords chose not to charge a break lease fee for this fixed term tenancy.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
An up to date rent summary and copies of two water rates notices were provided.

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. Photographs of drawings on walls, pillars and windows were provided. There was good evidence supporting the claim that the kitchen was not left reasonably clean and tidy, and cupboards not wiped out. There was not enough clear evidence to support the full claim made for cleaning and the award is reduced.
The tenants left the rubbish bins full and some recycling.
The lawns required mowing and clippings to be removed.
The tenant did not return the keys. The tenant changed the locks during the tenancy and did not inform the landlord or supply them with a new set of keys. An invoice from ‘minuteman’ was provided.
The two garage remotes required reprogramming. An invoice was provided from [Garage door supplier].
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 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 following damage was caused during the tenancy: A double glazed window was broken and boarded over, and the carpet was stained in most of the bedrooms, and the dining and living areas.
Evidence was provided that the window was not broken at the start of the tenancy and the carpets were unmarked.
The window repair was less than the landlord’s insurance excess and there was no evidence provided on how this damage occurred.
The carpet stain was removed by specialist cleaning.
The 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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that 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 requested suppression and has substantially succeeded in the proceedings and therefore are entitled to it by right. Suppression is ordered for the landlord’s name and identifying details.

Tenancy Tribunal case 4604757 — Rent arrears at 5 Awataha Crescent, Pyes Pa, Tauranga 3110

At a glance

Tenancy Tribunal case 4604757 — Rent arrears at 5 Awataha Crescent, Pyes Pa, Tauranga 3110

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