What was the outcome of Tenancy Tribunal case 4613832?

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

How much money was awarded in case 4613832?

Cleaning: $100.00 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $433.00 awarded to landlord; Property Damage: $1,026.51 awarded to landlord; Rent Arrears: $2,985.72 awarded to landlord

What type of tenancy dispute was case 4613832?

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

Where can I read the official tribunal order for case 4613832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4613832?

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

How much money was awarded in case 4613832?

Cleaning: $100.00 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $433.00 awarded to landlord; Property Damage: $1,026.51 awarded to landlord; Rent Arrears: $2,985.72 awarded to landlord

What type of tenancy dispute was case 4613832?

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

Where can I read the official tribunal order for case 4613832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301091-Tenancy_Tribunal_Order.pdf.

2B Riverholm Drive, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 4613832 — Rent arrears

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2B Riverholm Drive, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 4613832 — 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 4613832. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears till 27 June 2023 (rent in lieu of notice	$2,985.72	Rent arrears till 27 June 2023 (rent in lieu of notice
Interior exit cleaning	$105.00	Interior exit cleaning
Carpet cleaning	$100.00	Carpet cleaning
Ranchslider repair and rekeying	$433.00	Ranchslider repair and rekeying
Repair of kitchen bench and sink	$1,026.51	Repair of kitchen bench and sink
Application filing fee	$20.44	Application filing fee

Claims and awards for application 4613832. Verify on MoJ.

Rent arrears till 27 June 2023 (rent in lieu of notice

Amount: $2,985.72
Awarded to: Landlord
Reason: Rent arrears till 27 June 2023 (rent in lieu of notice

Interior exit cleaning

Amount: $105.00
Awarded to: Landlord
Reason: Interior exit cleaning

Carpet cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet cleaning

Ranchslider repair and rekeying

Amount: $433.00
Awarded to: Landlord
Reason: Ranchslider repair and rekeying

Repair of kitchen bench and sink

Amount: $1,026.51
Awarded to: Landlord
Reason: Repair of kitchen bench and sink

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Thomas Thompson is to pay Eves Realty Limited $4,670.67 immediately, calculated as follows: DescriptionLandlord Rent arrears till 27 June 2023 (rent in lieu of notice)$2,985.72 Interior exit cleaning$105.00 Carpet cleaning$100.00 Ranchslider repair and rekeying$433.00 Repair of kitchen bench and sink$1,026.51 Application filing fee$20.44 Total award$4,670.67 Minus Bond$2,200.00 Tenant to pay$2,470.67
Bond Services is to pay the bond of $2,200.00 to Eves Realty Limited immediately.

Reasons

The Landlord attended the hearing. The tenant was not contactable.
The Landlord has applied for rent arrears and refund of the bond.
The Tenancy was abandoned on or about 1 June 2023.
The Property Manager visited the premises on that date following several messages to the Tenant which had been left unanswered. The Tenant was not there, and the premises looked abandoned. The rent was in arrears.
The Landlord says there was another tenant who had been removed from the tenancy, but she was not on the tenancy agreement to begin with.
The Landlord has possession but is claiming rent in lieu of notice from the tenant.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $2,985.72

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The interior of the property required cleaning as it was abandoned and left dirty by the tenant. The Landlord’s photographs appear to show that the occupant had left quite quickly, leaving someone to tidy up after them. I approve the Landlord’s cleaning claim: $105.00
The carpet was dirty, as the Landlord’s photographs show. The Landlord had the carpets commercially cleaned. I award the Landlord its costs: $100.00
The tenant did not return the keys and the ranch slider lock mechanism was damaged. I award the Landlord its repair and rekeying costs: $433.00
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 kitchen bench was damaged badly during the tenancy. The sink has burn patches inside of it and the bench itself had been badly damaged. I consider the damage more than fair wear and tear. The nature and extent of the damage are such that it must be seen to be deliberate. I award the full cost of reinstatement of the bench and sink (paid invoice): $1,026.51 (there is no principle of law preventing the Landlord from recovering the full cost of the repair when insurance has paid for it).
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 Eves Realty Limited As Agent For Anjali & Priyank Patel 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 4613832. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears till 27 June 2023 (rent in lieu of notice	$2,985.72	Rent arrears till 27 June 2023 (rent in lieu of notice
Interior exit cleaning	$105.00	Interior exit cleaning
Carpet cleaning	$100.00	Carpet cleaning
Ranchslider repair and rekeying	$433.00	Ranchslider repair and rekeying
Repair of kitchen bench and sink	$1,026.51	Repair of kitchen bench and sink
Application filing fee	$20.44	Application filing fee

Claims and awards for application 4613832. Verify on MoJ.

Rent arrears till 27 June 2023 (rent in lieu of notice

Amount: $2,985.72
Awarded to: Landlord
Reason: Rent arrears till 27 June 2023 (rent in lieu of notice

Interior exit cleaning

Amount: $105.00
Awarded to: Landlord
Reason: Interior exit cleaning

Carpet cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet cleaning

Ranchslider repair and rekeying

Amount: $433.00
Awarded to: Landlord
Reason: Ranchslider repair and rekeying

Repair of kitchen bench and sink

Amount: $1,026.51
Awarded to: Landlord
Reason: Repair of kitchen bench and sink

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Thomas Thompson is to pay Eves Realty Limited $4,670.67 immediately, calculated as follows: DescriptionLandlord Rent arrears till 27 June 2023 (rent in lieu of notice)$2,985.72 Interior exit cleaning$105.00 Carpet cleaning$100.00 Ranchslider repair and rekeying$433.00 Repair of kitchen bench and sink$1,026.51 Application filing fee$20.44 Total award$4,670.67 Minus Bond$2,200.00 Tenant to pay$2,470.67
Bond Services is to pay the bond of $2,200.00 to Eves Realty Limited immediately.

Reasons

The Landlord attended the hearing. The tenant was not contactable.
The Landlord has applied for rent arrears and refund of the bond.
The Tenancy was abandoned on or about 1 June 2023.
The Property Manager visited the premises on that date following several messages to the Tenant which had been left unanswered. The Tenant was not there, and the premises looked abandoned. The rent was in arrears.
The Landlord says there was another tenant who had been removed from the tenancy, but she was not on the tenancy agreement to begin with.
The Landlord has possession but is claiming rent in lieu of notice from the tenant.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $2,985.72

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The interior of the property required cleaning as it was abandoned and left dirty by the tenant. The Landlord’s photographs appear to show that the occupant had left quite quickly, leaving someone to tidy up after them. I approve the Landlord’s cleaning claim: $105.00
The carpet was dirty, as the Landlord’s photographs show. The Landlord had the carpets commercially cleaned. I award the Landlord its costs: $100.00
The tenant did not return the keys and the ranch slider lock mechanism was damaged. I award the Landlord its repair and rekeying costs: $433.00
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 kitchen bench was damaged badly during the tenancy. The sink has burn patches inside of it and the bench itself had been badly damaged. I consider the damage more than fair wear and tear. The nature and extent of the damage are such that it must be seen to be deliberate. I award the full cost of reinstatement of the bench and sink (paid invoice): $1,026.51 (there is no principle of law preventing the Landlord from recovering the full cost of the repair when insurance has paid for it).
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 Eves Realty Limited As Agent For Anjali & Priyank Patel has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4613832 — Rent arrears at 2B Riverholm Drive, Mangakakahi, Rotorua 3015

At a glance

Tenancy Tribunal case 4613832 — Rent arrears at 2B Riverholm Drive, Mangakakahi, Rotorua 3015

At a glance

Claims & awards

Order

Reasons

How much does the tenant owe?

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

Claims & awards

Order

Reasons

How much does the tenant owe?

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