How much money was awarded in case 4619530?

Cleaning: $1,275.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $590.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Previous Order Application [Redacted…: $9,249.01 awarded to landlord; Property Damage: $259.54 awarded to landlord; Property Damage: $640.00 awarded to landlord; Rent Arrears: $13,257.14 awarded to landlord; Doors: $1,000.00 awarded to landlord; Walls: $1,000.00 awarded to landlord; Replace Furnishings: Net Curtains: $290.00 awarded to landlord; Rubbish Removal: $2,590.00 awarded to landlord

What type of tenancy dispute was case 4619530?

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

Where can I read the official tribunal order for case 4619530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9248364-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4619530?

Cleaning: $1,275.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $590.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Previous Order Application [Redacted…: $9,249.01 awarded to landlord; Property Damage: $259.54 awarded to landlord; Property Damage: $640.00 awarded to landlord; Rent Arrears: $13,257.14 awarded to landlord; Doors: $1,000.00 awarded to landlord; Walls: $1,000.00 awarded to landlord; Replace Furnishings: Net Curtains: $290.00 awarded to landlord; Rubbish Removal: $2,590.00 awarded to landlord

What type of tenancy dispute was case 4619530?

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

Where can I read the official tribunal order for case 4619530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9248364-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4619530 — Rent arrears

Q: What was Tenancy Tribunal case 4619530 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4619530 — net $30,321.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,257.14	Rent arrears
Previous order application [Redacted] dated 18/05/2023	$9,249.01	Previous order application [Redacted] dated 18/05/2023
Cleaning	$1,275.00	Cleaning
Rubbish removal	$2,590.00	Rubbish removal
Lawns and Garden work	$590.00	Lawns and Garden work
Pest control	$150.00	Pest control
Repairs: walls	$1,000.00	Repairs: walls
Repairs: doors	$1,000.00	Repairs: doors
Replace furnishings: net curtains	$290.00	Replace furnishings: net curtains
Window repairs	$259.54	Window repairs
Lock/key replacement	$640.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$30,321.13
Total payable by Tenant to Landlord	$30,321.13

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

[The landlord/s] must take any personal documents belonging to the tenant that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $30,321.13.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Trudy Nathan and Kerry Nathan must pay [The landlord/s] $30,321.13 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$13,257.14 Previous order application [Redacted] dated 18/05/2023$9,249.01 Cleaning$1,275.00 Rubbish removal$2,590.00 Lawns and Garden work$590.00 Pest control$150.00 Repairs: walls$1,000.00 Repairs: doors$1,000.00 Replace furnishings: net curtains$290.00 Window repairs$259.54 Lock/key replacement$640.00 Filing fee reimbursement$20.44 Total award$30,321.13 Total payable by Tenant to Landlord$30,321.13

Reasons

The landlord attended the hearing.

Both tenants were telephoned but neither answered.

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 29 June 2023 when the landlord had the bailiff evict the tenants. 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The photographs indicated that the tenants had simply left the property leaving behind a substantial amount of rubbish and their own possessions. No attempt had been made to clean the property and it appeared that the lawns ahd been unmown for a lengthy period.

The tenant did not return the keys.

A net curtain and bar were missing from a bedroom.

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 window was broken • three door frames were broken • there was writing on some walls • some wallpaper was ripped • there was a poorly repaired hole in a wall of the bathroom.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The damage to the doors and the walls was intentional given its extent and the force required to damage the doors.

The amounts ordered are proved.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The landlord has had difficulty in contacting the tenant and had agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4619530 — net $30,321.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,257.14	Rent arrears
Previous order application [Redacted] dated 18/05/2023	$9,249.01	Previous order application [Redacted] dated 18/05/2023
Cleaning	$1,275.00	Cleaning
Rubbish removal	$2,590.00	Rubbish removal
Lawns and Garden work	$590.00	Lawns and Garden work
Pest control	$150.00	Pest control
Repairs: walls	$1,000.00	Repairs: walls
Repairs: doors	$1,000.00	Repairs: doors
Replace furnishings: net curtains	$290.00	Replace furnishings: net curtains
Window repairs	$259.54	Window repairs
Lock/key replacement	$640.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$30,321.13
Total payable by Tenant to Landlord	$30,321.13

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
[The landlord/s] must take any personal documents belonging to the tenant that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $30,321.13.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Trudy Nathan and Kerry Nathan must pay [The landlord/s] $30,321.13 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$13,257.14 Previous order application [Redacted] dated 18/05/2023$9,249.01 Cleaning$1,275.00 Rubbish removal$2,590.00 Lawns and Garden work$590.00 Pest control$150.00 Repairs: walls$1,000.00 Repairs: doors$1,000.00 Replace furnishings: net curtains$290.00 Window repairs$259.54 Lock/key replacement$640.00 Filing fee reimbursement$20.44 Total award$30,321.13 Total payable by Tenant to Landlord$30,321.13

Reasons

The landlord attended the hearing.
Both tenants were telephoned but neither answered.
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 29 June 2023 when the landlord had the bailiff evict the tenants. 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The photographs indicated that the tenants had simply left the property leaving behind a substantial amount of rubbish and their own possessions. No attempt had been made to clean the property and it appeared that the lawns ahd been unmown for a lengthy period.
The tenant did not return the keys.
A net curtain and bar were missing from a bedroom.
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 window was broken • three door frames were broken • there was writing on some walls • some wallpaper was ripped • there was a poorly repaired hole in a wall of the bathroom.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage to the doors and the walls was intentional given its extent and the force required to damage the doors.
The amounts ordered are proved.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord has had difficulty in contacting the tenant and had agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4619530 — Rent arrears

At a glance

Tenancy Tribunal case 4619530 — Rent arrears

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