How much money was awarded in case 4609112?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $132.25 awarded to landlord; Less Arrears Payments: $750.00 awarded to tenant; Less Contribution To Invoices: $189.62 awarded to tenant; Property Damage: $262.21 awarded to landlord; Property Damage: $1,169.55 awarded to landlord; Rent Arrears: $2,559.18 awarded to landlord; Rubbish Removal: $737.15 awarded to landlord

What type of tenancy dispute was case 4609112?

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

Where can I read the official tribunal order for case 4609112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274143-Tribunal_Order.pdf.

How much money was awarded in case 4609112?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $132.25 awarded to landlord; Less Arrears Payments: $750.00 awarded to tenant; Less Contribution To Invoices: $189.62 awarded to tenant; Property Damage: $262.21 awarded to landlord; Property Damage: $1,169.55 awarded to landlord; Rent Arrears: $2,559.18 awarded to landlord; Rubbish Removal: $737.15 awarded to landlord

What type of tenancy dispute was case 4609112?

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

Where can I read the official tribunal order for case 4609112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274143-Tribunal_Order.pdf.

21 Church Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 4609112 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4609112?

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

Order

Claims and awards in Tenancy Tribunal application 4609112 — net $2,421.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning	$120.00		Cleaning
Window repairs	$262.21		Window repairs
Rubbish removal: including dump fees	$737.15		Rubbish removal: including dump fees
Repairs (replacement doors and minor repairs	$1,169.55		Repairs (replacement doors and minor repairs
Garden work	$132.25		Garden work
Rent arrears to 16/4/2023	$2,559.18		Rent arrears to 16/4/2023
Less arrears payments		$750.00	Less arrears payments
Less contribution to invoices		$189.62	Less contribution to invoices
Less bond refund		$1,640.00	Less bond refund
Total award	$5,000.78	$2,579.62
Net award	$2,421.16
Total payable by Tenant to Landlord	$2,421.16

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

This order replaces the order issued on 1 August 2023. The order has been amended to correct an arithmetical error.

Vida Tangihaere must pay Shelley Naylor Realty Limited $2421.16 immediately, calculated as shown in table below.

25 Rent arrears to 16/4/2023$2559.18 Less arrears payments $750.00 Less contribution to invoices $189.62 Less bond refund $1,640.00 Total award$5,000.78$2579.62 Net award$2,421.16 Total payable by Tenant to Landlord$2,421.16

Reasons

The tenant did not attend the hearing. The landlord was represented by Ms Potter.

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

How much is owed for rent?

The tenancy ended on 16 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has been refunded and some arrears payments have been made. The amount of arrears owing at 1 August 2023 is $469.18.

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.

There was some cleaning to be done and the tenant has accepted the claim of $120.00. There was a significant number of items to be disposed of at the end of the tenancy. The tenant had left the premises a few weeks earlier with an agreed end date 16 April. The tenant understood her ex-partner would be disposing of the goods but this did not occur.

There was some garden work to be attended to, to meet the standard of reasonably tidy.

While the tenant returned some keys not all were returned. A set was also held by her ex-partner.

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 following damage was caused during the tenancy: •A ranchslider window was broken. The tenant accepts the claim for repair. •A wardrobe door handle was missing as was a towel rail holder. The tenant said the wardrobe had kept falling off since the start of the tenancy. Unfortunately this had been disposed of. If it had been left behind it could have been refitted. •The toilet seat had to be refitted. This was a new toilet during the tenancy and in a text message from the tenant highlighted this had been problem when the property was privately managed. There is no record of communications between the private landlord and tenant regarding this. I therefore find this, the wardrobe door handle and the window damage were more likely than not caused carelessly. The tenant is liable for the repair costs.

There were holes kicked in both sides of 2 doors. Repairs were attempted unsuccessfully, and the doors had to be replaced. I find the nature of this damage was more likely than not caused intentionally and the tenant is liable for the full costs of repairs.

Because Shelley Naylor Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4609112 — net $2,421.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning	$120.00		Cleaning
Window repairs	$262.21		Window repairs
Rubbish removal: including dump fees	$737.15		Rubbish removal: including dump fees
Repairs (replacement doors and minor repairs	$1,169.55		Repairs (replacement doors and minor repairs
Garden work	$132.25		Garden work
Rent arrears to 16/4/2023	$2,559.18		Rent arrears to 16/4/2023
Less arrears payments		$750.00	Less arrears payments
Less contribution to invoices		$189.62	Less contribution to invoices
Less bond refund		$1,640.00	Less bond refund
Total award	$5,000.78	$2,579.62
Net award	$2,421.16
Total payable by Tenant to Landlord	$2,421.16

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
This order replaces the order issued on 1 August 2023. The order has been amended to correct an arithmetical error.
Vida Tangihaere must pay Shelley Naylor Realty Limited $2421.16 immediately, calculated as shown in table below.
25 Rent arrears to 16/4/2023$2559.18 Less arrears payments $750.00 Less contribution to invoices $189.62 Less bond refund $1,640.00 Total award$5,000.78$2579.62 Net award$2,421.16 Total payable by Tenant to Landlord$2,421.16

Reasons

The tenant did not attend the hearing. The landlord was represented by Ms Potter.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has been refunded and some arrears payments have been made. The amount of arrears owing at 1 August 2023 is $469.18.

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.
There was some cleaning to be done and the tenant has accepted the claim of $120.00. There was a significant number of items to be disposed of at the end of the tenancy. The tenant had left the premises a few weeks earlier with an agreed end date 16 April. The tenant understood her ex-partner would be disposing of the goods but this did not occur.
There was some garden work to be attended to, to meet the standard of reasonably tidy.
While the tenant returned some keys not all were returned. A set was also held by her ex-partner.
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 following damage was caused during the tenancy: •A ranchslider window was broken. The tenant accepts the claim for repair. •A wardrobe door handle was missing as was a towel rail holder. The tenant said the wardrobe had kept falling off since the start of the tenancy. Unfortunately this had been disposed of. If it had been left behind it could have been refitted. •The toilet seat had to be refitted. This was a new toilet during the tenancy and in a text message from the tenant highlighted this had been problem when the property was privately managed. There is no record of communications between the private landlord and tenant regarding this. I therefore find this, the wardrobe door handle and the window damage were more likely than not caused carelessly. The tenant is liable for the repair costs.
There were holes kicked in both sides of 2 doors. Repairs were attempted unsuccessfully, and the doors had to be replaced. I find the nature of this damage was more likely than not caused intentionally and the tenant is liable for the full costs of repairs.
Because Shelley Naylor Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4609112 — Rent arrears at 21 Church Street, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 4609112 — Rent arrears at 21 Church Street, Awapuni, Palmerston North 4412

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