What was the outcome of Tenancy Tribunal case 4606929?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4606929?

Cleaning: $365.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $262.11 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord

What type of tenancy dispute was case 4606929?

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

Where can I read the official tribunal order for case 4606929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298038-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4606929?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4606929?

Cleaning: $365.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $262.11 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord

What type of tenancy dispute was case 4606929?

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

Where can I read the official tribunal order for case 4606929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298038-Tenancy_Tribunal_Order.pdf.

59 Beattie Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4606929 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

59 Beattie Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4606929 — 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 4606929 — net $1,977.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Carpet Cleaning	$365.00	Carpet Cleaning
Window repairs	$262.11	Window repairs
Rubbish removal	$350.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,977.55
Total payable by Tenant to Landlord	$1,977.55

Claims and awards for application 4606929 — net $1,977.55 NZD. Verify on MoJ.

Rent arrears

Amount: $3,100.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $365.00
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $262.11
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $2,120.00 (3246680-005) to Property Brokers Limited As Agent For Neridah Mcphail immediately.
Mariea Kirk must pay Property Brokers Limited As Agent For Neridah Mcphail $1,977.55 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,100.00 Carpet Cleaning$365.00 Window repairs$262.11 Rubbish removal$350.00 Filing fee reimbursement$20.44 Total award$4,097.55 Bond$2,120.00 Total payable by Tenant to Landlord$1,977.55

Reasons

The landlord attended the hearing.
The tenant did not attend 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?

The tenancy ended on 13 July 2023. The landlord provided rent records 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant had stained areas of the carpet with oil and did not remove all rubbish. The landlord was able to have the oil stains removed professionally.
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 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 provided photographic evidence that a window in the garage and a French door were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was most likely caused carelessly.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Neridah Mcphail has wholly succeeded with the claim I must reimburse 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 4606929 — net $1,977.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Carpet Cleaning	$365.00	Carpet Cleaning
Window repairs	$262.11	Window repairs
Rubbish removal	$350.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,977.55
Total payable by Tenant to Landlord	$1,977.55

Claims and awards for application 4606929 — net $1,977.55 NZD. Verify on MoJ.

Rent arrears

Amount: $3,100.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $365.00
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $262.11
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $2,120.00 (3246680-005) to Property Brokers Limited As Agent For Neridah Mcphail immediately.
Mariea Kirk must pay Property Brokers Limited As Agent For Neridah Mcphail $1,977.55 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,100.00 Carpet Cleaning$365.00 Window repairs$262.11 Rubbish removal$350.00 Filing fee reimbursement$20.44 Total award$4,097.55 Bond$2,120.00 Total payable by Tenant to Landlord$1,977.55

Reasons

The landlord attended the hearing.
The tenant did not attend 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?

The tenancy ended on 13 July 2023. The landlord provided rent records 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant had stained areas of the carpet with oil and did not remove all rubbish. The landlord was able to have the oil stains removed professionally.
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 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 provided photographic evidence that a window in the garage and a French door were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was most likely caused carelessly.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Neridah Mcphail has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4606929 — Rent arrears at 59 Beattie Street, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4606929 — Rent arrears at 59 Beattie Street, Feilding, Feilding 4702

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

Property management

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

Property management

Frequently asked questions