What was the outcome of Tenancy Tribunal case 4616069?

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

How much money was awarded in case 4616069?

Cleaning: $265.00 awarded to landlord; Cleaning: $238.51 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $873.55 awarded to landlord; Rent Arrears: $1,648.58 awarded to landlord; Replace Furnishings: Curtains: $425.00 awarded to landlord; Replace furnishings: sink plugs and…: $45.52 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Rubbish Removal: $1,104.00 awarded to landlord

What type of tenancy dispute was case 4616069?

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

Where can I read the official tribunal order for case 4616069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9222595-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4616069?

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

How much money was awarded in case 4616069?

Cleaning: $265.00 awarded to landlord; Cleaning: $238.51 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $873.55 awarded to landlord; Rent Arrears: $1,648.58 awarded to landlord; Replace Furnishings: Curtains: $425.00 awarded to landlord; Replace furnishings: sink plugs and…: $45.52 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Rubbish Removal: $1,104.00 awarded to landlord

What type of tenancy dispute was case 4616069?

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

Where can I read the official tribunal order for case 4616069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9222595-Tenancy_Tribunal_Order.pdf.

8 Hinemoa Street, Levin, Levin 5510 Tenancy Tribunal Case 4616069 — Rent arrears

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8 Hinemoa Street, Levin, Levin 5510 Tenancy Tribunal Case 4616069 — 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 4616069 — net $3,630.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,648.58	Rent arrears
Carpet Cleaning: stains	$238.51	Carpet Cleaning: stains
Carpet Cleaning: deodorising	$265.00	Carpet Cleaning: deodorising
Cleaning	$460.00	Cleaning
Replace furnishings: curtains	$425.00	Replace furnishings: curtains
Replace furnishings: sink plugs and latches	$45.52	Replace furnishings: sink plugs and latches
Repairs	$873.55	Repairs
Rubbish removal: dump fees	$150.00	Rubbish removal: dump fees
Rubbish removal: remove and dump tree house	$1,104.00	Rubbish removal: remove and dump tree house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,630.60
Total payable by Tenant to Landlord	$3,630.60

Claims and awards for application 4616069 — net $3,630.60 NZD. Verify on MoJ.

Rent arrears

Amount: $1,648.58
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning: stains

Amount: $238.51
Awarded to: Landlord
Reason: Carpet Cleaning: stains

Carpet Cleaning: deodorising

Amount: $265.00
Awarded to: Landlord
Reason: Carpet Cleaning: deodorising

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: curtains

Amount: $425.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness 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 $1,600.00 (3113915-014) to Team Group Rentals Limited As Agent For Thomas Towler immediately.
Teresa Marie McKenzie must pay Team Group Rentals Limited As Agent For Thomas Towler $3,630.60 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,648.58 Carpet Cleaning: stains$238.51 Carpet Cleaning: deodorising$265.00 Cleaning$460.00 Replace furnishings: curtains$425.00 Replace furnishings: sink plugs and latches$45.52 Repairs$873.55 Rubbish removal: dump fees$150.00 Rubbish removal: remove and dump tree house$1,104.00 Filing fee reimbursement$20.44 Total award$5,230.60 Bond$1,600.00 Total payable by Tenant to Landlord$3,630.60

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 landlord advised that the tenant had given notice verbally to end the tenancy in the past. The tenant gave verbal notice once again. The landlord provided evidence that the tenant was asked by email on 24 May 2023 to put the tenant’s notice of termination in writing. The tenant did not do so.
The landlord subsequently discovered that the tenant had moved out.
The landlord has claimed rental to 14 June 2023. This is a period of less than 28 days from the date of the tenant and landlord’s email exchange. The landlord is entitled to accept a lesser period of notice than that required in section 51(2B) RTA.
The Tribunal determines that the tenancy ended on 14 June 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, remove all rubbish and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had been allowed by the landlord to construct a substantial treehouse at the property on the condition that it was removed at the end of the tenancy. The tenant did not do so and so it is appropriate to award the landlord the reasonable costs of its removal and disposal.
The landlord advised that the carpets in the property smelled strongly of dog and had a number of small stains. She explained that even after professional cleaning, the smell remained and so a deodorising treatment was successfully applied.
The following chattels were missing at the end of the tenancy: curtains in a bedroom and the lounge, sink plugs and window latches.
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 curtains at the start of the tenancy and their likely useful lifespan.
The Inland Revenue Department’s Depreciation Guide IR 265 provides that curtains in a residential tenancy have an estimated useful life of eight years. These curtains were new at the start of the tenancy on 28 September 2020. The curtains were therefore more than two years old. I have deducted an amount of 25% from the total claimed to reflect that one quarter of their estimated useful life had expired. A sum for their installation has been added to that amount.
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: • There were holes in the lounge wall where a television had been installed. • There was a hole in a bedroom wall. • Two internal doors needed rehanging and repainting. • One of those doors required repair.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
I am satisfied that the damage was intentional.
The amounts ordered are proved.
Because Team Group Rentals Limited As Agent For Thomas Towler 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 4616069 — net $3,630.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,648.58	Rent arrears
Carpet Cleaning: stains	$238.51	Carpet Cleaning: stains
Carpet Cleaning: deodorising	$265.00	Carpet Cleaning: deodorising
Cleaning	$460.00	Cleaning
Replace furnishings: curtains	$425.00	Replace furnishings: curtains
Replace furnishings: sink plugs and latches	$45.52	Replace furnishings: sink plugs and latches
Repairs	$873.55	Repairs
Rubbish removal: dump fees	$150.00	Rubbish removal: dump fees
Rubbish removal: remove and dump tree house	$1,104.00	Rubbish removal: remove and dump tree house
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,630.60
Total payable by Tenant to Landlord	$3,630.60

Claims and awards for application 4616069 — net $3,630.60 NZD. Verify on MoJ.

Rent arrears

Amount: $1,648.58
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning: stains

Amount: $238.51
Awarded to: Landlord
Reason: Carpet Cleaning: stains

Carpet Cleaning: deodorising

Amount: $265.00
Awarded to: Landlord
Reason: Carpet Cleaning: deodorising

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: curtains

Amount: $425.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness 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 $1,600.00 (3113915-014) to Team Group Rentals Limited As Agent For Thomas Towler immediately.
Teresa Marie McKenzie must pay Team Group Rentals Limited As Agent For Thomas Towler $3,630.60 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,648.58 Carpet Cleaning: stains$238.51 Carpet Cleaning: deodorising$265.00 Cleaning$460.00 Replace furnishings: curtains$425.00 Replace furnishings: sink plugs and latches$45.52 Repairs$873.55 Rubbish removal: dump fees$150.00 Rubbish removal: remove and dump tree house$1,104.00 Filing fee reimbursement$20.44 Total award$5,230.60 Bond$1,600.00 Total payable by Tenant to Landlord$3,630.60

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 landlord advised that the tenant had given notice verbally to end the tenancy in the past. The tenant gave verbal notice once again. The landlord provided evidence that the tenant was asked by email on 24 May 2023 to put the tenant’s notice of termination in writing. The tenant did not do so.
The landlord subsequently discovered that the tenant had moved out.
The landlord has claimed rental to 14 June 2023. This is a period of less than 28 days from the date of the tenant and landlord’s email exchange. The landlord is entitled to accept a lesser period of notice than that required in section 51(2B) RTA.
The Tribunal determines that the tenancy ended on 14 June 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, remove all rubbish and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had been allowed by the landlord to construct a substantial treehouse at the property on the condition that it was removed at the end of the tenancy. The tenant did not do so and so it is appropriate to award the landlord the reasonable costs of its removal and disposal.
The landlord advised that the carpets in the property smelled strongly of dog and had a number of small stains. She explained that even after professional cleaning, the smell remained and so a deodorising treatment was successfully applied.
The following chattels were missing at the end of the tenancy: curtains in a bedroom and the lounge, sink plugs and window latches.
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 curtains at the start of the tenancy and their likely useful lifespan.
The Inland Revenue Department’s Depreciation Guide IR 265 provides that curtains in a residential tenancy have an estimated useful life of eight years. These curtains were new at the start of the tenancy on 28 September 2020. The curtains were therefore more than two years old. I have deducted an amount of 25% from the total claimed to reflect that one quarter of their estimated useful life had expired. A sum for their installation has been added to that amount.
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: • There were holes in the lounge wall where a television had been installed. • There was a hole in a bedroom wall. • Two internal doors needed rehanging and repainting. • One of those doors required repair.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
I am satisfied that the damage was intentional.
The amounts ordered are proved.
Because Team Group Rentals Limited As Agent For Thomas Towler has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4616069 — Rent arrears at 8 Hinemoa Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4616069 — Rent arrears at 8 Hinemoa Street, Levin, Levin 5510

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