What was Tenancy Tribunal case 4615532 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 4615532?

Cleaning: $109.25 awarded to landlord; Cleaning: $126.50 awarded to landlord; Cleaning: $34.50 awarded to landlord; Curtains: $270.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hang Curtains: $240.00 awarded to landlord; Heat Pump Remote: $59.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Removal And Disposal Of Items: $143.75 awarded to landlord; Rent Arrears: $310.00 awarded to landlord; Holes: $368.00 awarded to landlord; Window Stays: $137.50 awarded to landlord; Rubbish Removal: $83.86 awarded to landlord

What type of tenancy dispute was case 4615532?

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

Where can I read the official tribunal order for case 4615532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9402154-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4615532 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 4615532?

Cleaning: $109.25 awarded to landlord; Cleaning: $126.50 awarded to landlord; Cleaning: $34.50 awarded to landlord; Curtains: $270.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Hang Curtains: $240.00 awarded to landlord; Heat Pump Remote: $59.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Removal And Disposal Of Items: $143.75 awarded to landlord; Rent Arrears: $310.00 awarded to landlord; Holes: $368.00 awarded to landlord; Window Stays: $137.50 awarded to landlord; Rubbish Removal: $83.86 awarded to landlord

What type of tenancy dispute was case 4615532?

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

Where can I read the official tribunal order for case 4615532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9402154-Tribunal_Order_Redacted.pdf.

24A O'Neill Street, Claudelands, Hamilton 3214 Tenancy Tribunal Case 4615532 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4615532 — net $2,032.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$310.00	Rent arrears
curtains	$270.00	curtains
heat pump remote	$59.00	heat pump remote
Lock/key replacement	$130.00	Lock/key replacement
Rubbish removal	$83.86	Rubbish removal
removal and disposal of items	$143.75	removal and disposal of items
Repairs: window stays	$137.50	Repairs: window stays
Cleaning	$126.50	Cleaning
Carpet Cleaning	$109.25	Carpet Cleaning
Cleaning: oven	$34.50	Cleaning: oven
Repairs: holes	$368.00	Repairs: holes
hang curtains	$240.00	hang curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,032.80
Total payable by Tenant to Landlord	$2,032.80

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

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by a previous order from the Tribunal for rent arrears.

The tenancy started on 31 December 2021 and ended on 1 June 2023. The tenant was given an extra week to attend to the cleaning, and the rent for this week is claimed.

The premises were a small 2 bedroomed unit.

The claim for compensation for lighting was withdrawn.

How much is owed for rent?

The tenant left the premises on 8 June 2023. The landlord provided rent records and copies of emails where the tenant agreed to drop the keys off on 8 June 2023 after spending an extra week there after the tenancy ended.

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 in the recycling bins. There were also some larger items removed and destroyed. This was a small premises and the amount claimed for half cleaning costs, oven clean and carpet clean is awarded. Photographs supplied support the claims.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: The heat pump remote, blinds in the kitchen and curtains in two bedrooms.

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: 2 holes in a door and wall, and a damaged window stay.

The holes were in bedroom 1 and there had been an attempt to fix them. The tenant did not attend the hearing to explain the damages. I find this intentional damage.

There were 2 window stays claimed but only evidence that one was there at the start of the tenancy. This one had been damaged and the window was unable to be used.

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 substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4615532 — net $2,032.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$310.00	Rent arrears
curtains	$270.00	curtains
heat pump remote	$59.00	heat pump remote
Lock/key replacement	$130.00	Lock/key replacement
Rubbish removal	$83.86	Rubbish removal
removal and disposal of items	$143.75	removal and disposal of items
Repairs: window stays	$137.50	Repairs: window stays
Cleaning	$126.50	Cleaning
Carpet Cleaning	$109.25	Carpet Cleaning
Cleaning: oven	$34.50	Cleaning: oven
Repairs: holes	$368.00	Repairs: holes
hang curtains	$240.00	hang curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,032.80
Total payable by Tenant to Landlord	$2,032.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sapphire Kaponga must pay [The landlord/s] $2,032.80 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by a previous order from the Tribunal for rent arrears.
The tenancy started on 31 December 2021 and ended on 1 June 2023. The tenant was given an extra week to attend to the cleaning, and the rent for this week is claimed.
The premises were a small 2 bedroomed unit.
The claim for compensation for lighting was withdrawn.

How much is owed for rent?

The tenant left the premises on 8 June 2023. The landlord provided rent records and copies of emails where the tenant agreed to drop the keys off on 8 June 2023 after spending an extra week there after the tenancy ended.

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 in the recycling bins. There were also some larger items removed and destroyed. This was a small premises and the amount claimed for half cleaning costs, oven clean and carpet clean is awarded. Photographs supplied support the claims.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: The heat pump remote, blinds in the kitchen and curtains in two bedrooms.
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: 2 holes in a door and wall, and a damaged window stay.
The holes were in bedroom 1 and there had been an attempt to fix them. The tenant did not attend the hearing to explain the damages. I find this intentional damage.
There were 2 window stays claimed but only evidence that one was there at the start of the tenancy. This one had been damaged and the window was unable to be used.
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 substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4615532 — Property damage at 24A O'Neill Street, Claudelands, Hamilton 3214

At a glance

Tenancy Tribunal case 4615532 — Property damage at 24A O'Neill Street, Claudelands, Hamilton 3214

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

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

Frequently asked questions