What was Tenancy Tribunal case 4605371 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 4605371?

Cleaning: $200.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Rent Arrears: $1,242.86 awarded to landlord; 4 Doors/Cupboards: $1,725.00 awarded to landlord; Painting Doors: $300.00 awarded to landlord; Stove: $190.00 awarded to landlord; Rubbish Removal: $320.00 awarded to landlord; Water Rates: $73.09 awarded to landlord

What type of tenancy dispute was case 4605371?

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

Where can I read the official tribunal order for case 4605371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9402887-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4605371 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 4605371?

Cleaning: $200.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Rent Arrears: $1,242.86 awarded to landlord; 4 Doors/Cupboards: $1,725.00 awarded to landlord; Painting Doors: $300.00 awarded to landlord; Stove: $190.00 awarded to landlord; Rubbish Removal: $320.00 awarded to landlord; Water Rates: $73.09 awarded to landlord

What type of tenancy dispute was case 4605371?

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

Where can I read the official tribunal order for case 4605371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9402887-Tribunal_Order_Redacted.pdf.

5 Dick Street, Kihikihi, RD 5, Te Awamutu 3875 Tenancy Tribunal Case 4605371 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4605371 — net $3,201.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,242.86	Rent arrears
Water rates	$73.09	Water rates
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$180.00	Lawns and Garden work
Pest control	$150.00	Pest control
Repairs: 4 Doors/Cupboards	$1,725.00	Repairs: 4 Doors/Cupboards
Repairs: Stove	$190.00	Repairs: Stove
Rubbish removal	$320.00	Rubbish removal
Repairs: Painting doors	$300.00	Repairs: Painting doors
Net award	$3,201.39
Total payable by Tenant to Landlord	$3,201.39

The landlord and owner attended the hearing. The tenant did not appear. A witness also appeared who conducted the end of tenancy inspection.

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

The premises are a 3-bedroom home with a large living area and recently added garage with attached sleepout and bathroom.

The claim for glass repairs is dismissed.

How much is owed for rent and water rates?

The tenancy ended on 30 April 2023. The landlord provided rent records and water rates invoices up to the date that the tenancy ended which prove the amount 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 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 evidence provided for cleaning and rubbish removal did not support the amount claimed. The amount awarded reflects this. There were not large amounts of rubbish left behind and only a few photos of the end of tenancy interior.

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 landlord claimed that during the tenancy the following items were damaged a. kitchen pelmet, b. white cupboard door, c. drawers in the kitchen, d. sliding aluminium door lock, e. hot water cupboard shelves, f. 4 internal doors, g. cavity slider door in sleepout.

The landlord was unable to supply evidence of pre tenancy undamaged sliding aluminium door lock, hot water cupboard shelves and the cavity slider door in sleepout. These claims are dismissed

The landlord established that the rest of the items were damaged during the tenancy and that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage. The damages to the doors are significant and one of the drawers was destroyed. I find that this was intentional 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 substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4605371 — net $3,201.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,242.86	Rent arrears
Water rates	$73.09	Water rates
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$180.00	Lawns and Garden work
Pest control	$150.00	Pest control
Repairs: 4 Doors/Cupboards	$1,725.00	Repairs: 4 Doors/Cupboards
Repairs: Stove	$190.00	Repairs: Stove
Rubbish removal	$320.00	Rubbish removal
Repairs: Painting doors	$300.00	Repairs: Painting doors
Net award	$3,201.39
Total payable by Tenant to Landlord	$3,201.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sandra Maree Garlick must pay [The landlord/s] $3,201.39 immediately, calculated as shown in table below.
The rest of the claims are dismissed.

Reasons

The landlord and owner attended the hearing. The tenant did not appear. A witness also appeared who conducted the end of tenancy inspection.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The premises are a 3-bedroom home with a large living area and recently added garage with attached sleepout and bathroom.
The claim for glass repairs is dismissed.

How much is owed for rent and water rates?

The tenancy ended on 30 April 2023. The landlord provided rent records and water rates invoices up to the date that the tenancy ended which prove the amount 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 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 evidence provided for cleaning and rubbish removal did not support the amount claimed. The amount awarded reflects this. There were not large amounts of rubbish left behind and only a few photos of the end of tenancy interior.
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 landlord claimed that during the tenancy the following items were damaged a. kitchen pelmet, b. white cupboard door, c. drawers in the kitchen, d. sliding aluminium door lock, e. hot water cupboard shelves, f. 4 internal doors, g. cavity slider door in sleepout.
The landlord was unable to supply evidence of pre tenancy undamaged sliding aluminium door lock, hot water cupboard shelves and the cavity slider door in sleepout. These claims are dismissed
The landlord established that the rest of the items were damaged during the tenancy and that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage. The damages to the doors are significant and one of the drawers was destroyed. I find that this was intentional 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 substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4605371 — Property damage at 5 Dick Street, Kihikihi, RD 5, Te Awamutu 3875

At a glance

Tenancy Tribunal case 4605371 — Property damage at 5 Dick Street, Kihikihi, RD 5, Te Awamutu 3875

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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