How much money was awarded in case 4621492?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $290.00 awarded to landlord; Property Damage: $817.70 awarded to landlord; Property Damage: $257.00 awarded to landlord; Rent Arrears: $3,352.23 awarded to landlord; Water Rates: $159.69 awarded to landlord

What type of tenancy dispute was case 4621492?

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

Where can I read the official tribunal order for case 4621492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573845-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4621492?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $290.00 awarded to landlord; Property Damage: $817.70 awarded to landlord; Property Damage: $257.00 awarded to landlord; Rent Arrears: $3,352.23 awarded to landlord; Water Rates: $159.69 awarded to landlord

What type of tenancy dispute was case 4621492?

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

Where can I read the official tribunal order for case 4621492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573845-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4621492 — Rent arrears

Q: What was Tenancy Tribunal case 4621492 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 4621492 — net $2,577.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,352.23	Rent arrears
Water rates	$159.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Pest control	$290.00	Pest control
Cleaning	$460.00	Cleaning
Repairs	$817.70	Repairs
Lock/key replacement	$257.00	Lock/key replacement
Net award	$2,577.06
Total payable by Tenant to Landlord	$2,577.06

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

Dianna Theodore must pay [The landlord/s] $2,577.06 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing.

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

How much is owed for rent and water?

The tenancy ended on 21 June 2023. The landlord provided records which prove the amount owing at the end of the tenancy and as ordered above.

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.

The tenant did not return the keys.

Photographs produced by the landlord show rubbish left behind and the property in a very dirty condition. The landlord’s evidence is that the owner later did a deep clean, but is not claiming for that. The photographs show evidence of cockroaches and I am satisfied it was necessary for pest services to be engaged.

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.

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.

During the tenancy the tenant has removed an entire window frame and glass. The landlord says he believes the tenant lost the keys and was gaining access to the property that way. The landlord said he witnessed this window frame being in place on one of his inspections, so it confident that it was the tenant who caused this damage.

I am satisfied that the damage to the window frames and glass removal was caused by the tenant and that the costs of repair are reasonable for the work that was done.

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

The amount ordered for the glass and window replacement as set out above is proved.

The landlord also claims for methamphetamine related costs, including testing, carpet replacement and the costs of repairing many holes in the walls.

The photos show a lot of holes in the walls however the trouble is that the landlord does not have an ingoing report that would satisfy me that the holes were not there at the outset of the tenancy. There has been a change of property manager and the ingoing report cannot be located. I am not prepared to allow the claim for damage caused by holes in the walls. The landlord has not proven that the tenant caused that damage.

In relation to the alleged methamphetamine damage, this claim also fails. The landlord has not been able to produce any baseline testing from the outset of the tenancy that I would need to be satisfied that any alleged damage was caused by the tenant.

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

Claims and awards in Tenancy Tribunal application 4621492 — net $2,577.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,352.23	Rent arrears
Water rates	$159.69	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Pest control	$290.00	Pest control
Cleaning	$460.00	Cleaning
Repairs	$817.70	Repairs
Lock/key replacement	$257.00	Lock/key replacement
Net award	$2,577.06
Total payable by Tenant to Landlord	$2,577.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Dianna Theodore must pay [The landlord/s] $2,577.06 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 21 June 2023. The landlord provided records which prove the amount owing at the end of the tenancy and as ordered above.

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.
The tenant did not return the keys.
Photographs produced by the landlord show rubbish left behind and the property in a very dirty condition. The landlord’s evidence is that the owner later did a deep clean, but is not claiming for that. The photographs show evidence of cockroaches and I am satisfied it was necessary for pest services to be engaged.
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.
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.
During the tenancy the tenant has removed an entire window frame and glass. The landlord says he believes the tenant lost the keys and was gaining access to the property that way. The landlord said he witnessed this window frame being in place on one of his inspections, so it confident that it was the tenant who caused this damage.
I am satisfied that the damage to the window frames and glass removal was caused by the tenant and that the costs of repair are reasonable for the work that was done.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the glass and window replacement as set out above is proved.
The landlord also claims for methamphetamine related costs, including testing, carpet replacement and the costs of repairing many holes in the walls.
The photos show a lot of holes in the walls however the trouble is that the landlord does not have an ingoing report that would satisfy me that the holes were not there at the outset of the tenancy. There has been a change of property manager and the ingoing report cannot be located. I am not prepared to allow the claim for damage caused by holes in the walls. The landlord has not proven that the tenant caused that damage.
In relation to the alleged methamphetamine damage, this claim also fails. The landlord has not been able to produce any baseline testing from the outset of the tenancy that I would need to be satisfied that any alleged damage was caused by the tenant.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4621492 — Rent arrears

At a glance

Tenancy Tribunal case 4621492 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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 and water?

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