What was Tenancy Tribunal case 4622109 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 4622109?

Cleaning: $220.00 awarded to landlord; Cleaning: $64.88 awarded to landlord; Cleaning: $240.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Lawns and Garden Work: $360.00 awarded to landlord; Loss Of Rent – 5 Weeks: $3,000.00 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Broken Window: $217.02 awarded to landlord; Kitchen Sprout: $318.88 awarded to landlord; Timber Floors (4 Weeks’ Rent: $2,400.00 awarded to landlord; Walls, Doors And Cupboards: $1,500.00 awarded to landlord; Rubbish Removal: $82.50 awarded to landlord; Security System Tampering: $125.35 awarded to landlord

What type of tenancy dispute was case 4622109?

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

Where can I read the official tribunal order for case 4622109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347087-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4622109 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 4622109?

Cleaning: $220.00 awarded to landlord; Cleaning: $64.88 awarded to landlord; Cleaning: $240.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Lawns and Garden Work: $360.00 awarded to landlord; Loss Of Rent – 5 Weeks: $3,000.00 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord; Broken Window: $217.02 awarded to landlord; Kitchen Sprout: $318.88 awarded to landlord; Timber Floors (4 Weeks’ Rent: $2,400.00 awarded to landlord; Walls, Doors And Cupboards: $1,500.00 awarded to landlord; Rubbish Removal: $82.50 awarded to landlord; Security System Tampering: $125.35 awarded to landlord

What type of tenancy dispute was case 4622109?

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

Where can I read the official tribunal order for case 4622109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347087-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4622109 — Property damage

Claims and awards in Tenancy Tribunal application 4622109 — net $9,769.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/07/2023	$3,000.00	Rent arrears to 24/07/2023
Loss of rent – 5 weeks	$3,000.00	Loss of rent – 5 weeks
Security system tampering	$125.35	Security system tampering
Cleaning: 8 hours at per hour	$240.00	Cleaning: 8 hours at per hour
Carpet Cleaning	$220.00	Carpet Cleaning
Oil remover and floor cleaner	$64.88	Oil remover and floor cleaner
Rubbish removal	$82.50	Rubbish removal
Cleaning: Curtains dry cleaning	$200.00	Cleaning: Curtains dry cleaning
Repairs: Broken window	$217.02	Repairs: Broken window
Repairs: Walls, doors and cupboards	$1,500.00	35. I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for th…
Repairs: Timber floors (4 weeks’ rent	$2,400.00	7.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.
Lawns and Garden work	$360.00	Lawns and Garden work
Repairs: Kitchen sprout	$318.88	Repairs: Kitchen sprout
2 x Filing fee reimbursement	$40.88	2 x Filing fee reimbursement
Net award	$9,769.51
Total payable by Tenant to Landlord	$9,769.51

Claims and awards in Tenancy Tribunal application 4622109 — net $9,769.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 24/07/2023

$3,000.00

Rent arrears to 24/07/2023

Loss of rent – 5 weeks

$3,000.00

Loss of rent – 5 weeks

Security system tampering

$125.35

Security system tampering

Cleaning: 8 hours at per hour

$240.00

Cleaning: 8 hours at per hour

Carpet Cleaning

$220.00

Carpet Cleaning

Oil remover and floor cleaner

$64.88

Oil remover and floor cleaner

Rubbish removal

$82.50

Rubbish removal

Cleaning: Curtains dry cleaning

$200.00

Cleaning: Curtains dry cleaning

Repairs: Broken window

$217.02

Repairs: Broken window

Repairs: Walls, doors and cupboards

$1,500.00

35. I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for th…

Repairs: Timber floors (4 weeks’ rent

$2,400.00

7.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.

Lawns and Garden work

$360.00

Lawns and Garden work

Repairs: Kitchen sprout

$318.88

Repairs: Kitchen sprout

2 x Filing fee reimbursement

$40.88

2 x Filing fee reimbursement

Net award

$9,769.51

Total payable by Tenant to Landlord

$9,769.51

Reasons

The landlord attended the hearing on 8 th August 2023. The tenant did not.

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 tenancy was originally for a fixed-term tenancy from 1 st June 2023 to 20 th December 2023. The agreed weekly rent was $600.00.

The tenant fell into arrears early on and on 4 th July 2023, the landlord applied for termination of the tenancy with the Tenancy Tribunal.

The landlord gave the tenant reminders to pay the rent including a 14 days’ notice for rent arrears on 6 th July 2023.

On 11 th July 2023, the landlord made a further application to the Tribunal for termination based on rent arrears as well as seeking compensation for damages, lawn mowing, electricity, lock change, cost for finding new tenants and loss of rent.

According to the landlord, the tenant expressed their preference for early termination of the tenancy several times saying that they would move out.

This had started in June 2023 and they agreed to early termination of the fixed- term tenancy at various times including at the inspection on 3 rd July 2023 and by email on 10 th July 2023.

The landlord agreed in principle to early termination. The landlord made several offers of meeting with the tenants to arrange this. However, the tenant did not respond.

On 24 th July 2023, the tenants informed the landlord by phone that they had vacated the premises. The tenants said that they would return the keys to the house that night. The tenants acknowledged having damaged the premises and knowledge of the upcoming Tenancy Tribunal hearing.

The landlord took possession of the premises back on 25 th July 2023 by changing the locks.

As the landlord agreed to early termination and had taken possession of the premises back on 25 th July 2023, the rent is only payable up to 24 th July 2023. 4626460, 46221093

The landlord has provided rent records proving $3,000.00 owing in rent arrears to 24 th July 2023.

I order the tenant to pay the landlord $3,000.00 for rent arrears.

Although this was originally a fixed-term tenancy, as the landlord had agreed to early termination and applied for termination, this is not a case of an abandonment.

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 (“RTA”).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant also left the premises damaged which is addressed further below.

I find that it would take around 5 weeks for the premises to become ready to be rented out again.

I order the tenant to compensate the landlord $3,000.00 for loss of rent for 5 weeks.

The landlord sought compensation for changing locks. However, as the tenant had returned the keys, there is no basis for seeking lock replacement costs. That claim is not granted.

There was however evidence of tampering with the security system. As per the invoice presented by the landlord, I order the tenant to pay the landlord $125.35.

The landlord provided photos of the premises at the end of the tenancy. I grant 8 hours of cleaning costs. That is $240.00 calculated at $30.00 per hour.

As per the photos and invoice presented, I order the tenant to pay the landlord $220.00 for carpet cleaning.

The landlord incurred $64.88 for purchasing cleaning chemicals for the oil stains left by the tenant. I order the tenant to pay the landlord accordingly.

I order the tenant to pay the landlord $82.50 for rubbish removal.

I accept that the tenant had not left the curtains in a reasonably clean state. I accept that the tenant’s smoking and the tenant’s dog necessitated the curtains to be cleaned. I order the tenant to pay the landlord $200.00 for the curtain cleaning. 4626460, 46221094

The tenant also did not leave the lawns reasonably clean or tidy. I order the tenant to pay the landlord $360.00 for lawns and garden work.

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. 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. 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: broken window, damaged walls, doors and cupboard, timber floors and kitchen sprout. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. For the timber floors, I find the damage was carelessly caused.

I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.

The amounts ordered are proved. Amount not awarded 4626460, 46221095

The landlord had sought for electricity costs after the tenancy had ended. Electricity was required for security, cleaning and repairs after the tenant had moved out.

However, the tenant is not liable under section 39 RTA. So the electricity costs are not awarded.

The landlord also sought reimbursement for advertising and drug detection agency testing.

As the landlord had agreed to end the tenancy earlier, the reimbursement for advertising is not granted.

The drug detection did not find any drug levels above the acceptable level as per the Gluckman report, therefore, reimbursement for drug detention agency testing is not granted. Filing fee reimbursement

Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse filing fees for both applications.

Claims and awards in Tenancy Tribunal application 4622109 — net $9,769.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/07/2023	$3,000.00	Rent arrears to 24/07/2023
Loss of rent – 5 weeks	$3,000.00	Loss of rent – 5 weeks
Security system tampering	$125.35	Security system tampering
Cleaning: 8 hours at per hour	$240.00	Cleaning: 8 hours at per hour
Carpet Cleaning	$220.00	Carpet Cleaning
Oil remover and floor cleaner	$64.88	Oil remover and floor cleaner
Rubbish removal	$82.50	Rubbish removal
Cleaning: Curtains dry cleaning	$200.00	Cleaning: Curtains dry cleaning
Repairs: Broken window	$217.02	Repairs: Broken window
Repairs: Walls, doors and cupboards	$1,500.00	35. I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for th…
Repairs: Timber floors (4 weeks’ rent	$2,400.00	7.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.
Lawns and Garden work	$360.00	Lawns and Garden work
Repairs: Kitchen sprout	$318.88	Repairs: Kitchen sprout
2 x Filing fee reimbursement	$40.88	2 x Filing fee reimbursement
Net award	$9,769.51
Total payable by Tenant to Landlord	$9,769.51

Claims and awards in Tenancy Tribunal application 4622109 — net $9,769.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 24/07/2023

$3,000.00

Rent arrears to 24/07/2023

Loss of rent – 5 weeks

$3,000.00

Loss of rent – 5 weeks

Security system tampering

$125.35

Security system tampering

Cleaning: 8 hours at per hour

$240.00

Cleaning: 8 hours at per hour

Carpet Cleaning

$220.00

Carpet Cleaning

Oil remover and floor cleaner

$64.88

Oil remover and floor cleaner

Rubbish removal

$82.50

Rubbish removal

Cleaning: Curtains dry cleaning

$200.00

Cleaning: Curtains dry cleaning

Repairs: Broken window

$217.02

Repairs: Broken window

Repairs: Walls, doors and cupboards

$1,500.00

35. I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for th…

Repairs: Timber floors (4 weeks’ rent

$2,400.00

7.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.

Lawns and Garden work

$360.00

Lawns and Garden work

Repairs: Kitchen sprout

$318.88

Repairs: Kitchen sprout

2 x Filing fee reimbursement

$40.88

2 x Filing fee reimbursement

Net award

$9,769.51

Total payable by Tenant to Landlord

$9,769.51

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2. 3.

Reasons

The landlord attended the hearing on 8 th August 2023. The tenant did not.
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 tenancy was originally for a fixed-term tenancy from 1 st June 2023 to 20 th December 2023. The agreed weekly rent was $600.00.
The tenant fell into arrears early on and on 4 th July 2023, the landlord applied for termination of the tenancy with the Tenancy Tribunal.
The landlord gave the tenant reminders to pay the rent including a 14 days’ notice for rent arrears on 6 th July 2023.
On 11 th July 2023, the landlord made a further application to the Tribunal for termination based on rent arrears as well as seeking compensation for damages, lawn mowing, electricity, lock change, cost for finding new tenants and loss of rent.
According to the landlord, the tenant expressed their preference for early termination of the tenancy several times saying that they would move out.
This had started in June 2023 and they agreed to early termination of the fixed- term tenancy at various times including at the inspection on 3 rd July 2023 and by email on 10 th July 2023.
The landlord agreed in principle to early termination. The landlord made several offers of meeting with the tenants to arrange this. However, the tenant did not respond.
On 24 th July 2023, the tenants informed the landlord by phone that they had vacated the premises. The tenants said that they would return the keys to the house that night. The tenants acknowledged having damaged the premises and knowledge of the upcoming Tenancy Tribunal hearing.
The landlord took possession of the premises back on 25 th July 2023 by changing the locks.
As the landlord agreed to early termination and had taken possession of the premises back on 25 th July 2023, the rent is only payable up to 24 th July 2023. 4626460, 46221093
The landlord has provided rent records proving $3,000.00 owing in rent arrears to 24 th July 2023.
I order the tenant to pay the landlord $3,000.00 for rent arrears.
Although this was originally a fixed-term tenancy, as the landlord had agreed to early termination and applied for termination, this is not a case of an abandonment.

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 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant also left the premises damaged which is addressed further below.
I find that it would take around 5 weeks for the premises to become ready to be rented out again.
I order the tenant to compensate the landlord $3,000.00 for loss of rent for 5 weeks.
The landlord sought compensation for changing locks. However, as the tenant had returned the keys, there is no basis for seeking lock replacement costs. That claim is not granted.
There was however evidence of tampering with the security system. As per the invoice presented by the landlord, I order the tenant to pay the landlord $125.35.
The landlord provided photos of the premises at the end of the tenancy. I grant 8 hours of cleaning costs. That is $240.00 calculated at $30.00 per hour.
As per the photos and invoice presented, I order the tenant to pay the landlord $220.00 for carpet cleaning.
The landlord incurred $64.88 for purchasing cleaning chemicals for the oil stains left by the tenant. I order the tenant to pay the landlord accordingly.
I order the tenant to pay the landlord $82.50 for rubbish removal.
I accept that the tenant had not left the curtains in a reasonably clean state. I accept that the tenant’s smoking and the tenant’s dog necessitated the curtains to be cleaned. I order the tenant to pay the landlord $200.00 for the curtain cleaning. 4626460, 46221094
The tenant also did not leave the lawns reasonably clean or tidy. I order the tenant to pay the landlord $360.00 for lawns and garden work.
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. 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. 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: broken window, damaged walls, doors and cupboard, timber floors and kitchen sprout. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. For the timber floors, I find the damage was carelessly caused.
I order the tenant to pay $217.00 for the broken window, $1,500.00 for damages to walls, doors and cupboard, $2,400.00 for timber floors and $318.00 for the kitchen sprout.
The amounts ordered are proved. Amount not awarded 4626460, 46221095
The landlord had sought for electricity costs after the tenancy had ended. Electricity was required for security, cleaning and repairs after the tenant had moved out.
However, the tenant is not liable under section 39 RTA. So the electricity costs are not awarded.
The landlord also sought reimbursement for advertising and drug detection agency testing.
As the landlord had agreed to end the tenancy earlier, the reimbursement for advertising is not granted.
The drug detection did not find any drug levels above the acceptable level as per the Gluckman report, therefore, reimbursement for drug detention agency testing is not granted. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse filing fees for both applications.

Tenancy Tribunal case 4622109 — Property damage

At a glance

Tenancy Tribunal case 4622109 — Property damage

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