What was Tenancy Tribunal case 4625869 about?

The tribunal order states: Faatoaga Sailimalo and Falelua Senio must pay [The landlord/s] $5,399.17

How much money was awarded in case 4625869?

Cleaning: $92.00 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $63.25 awarded to landlord; Pest Control: $115.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,930.00 awarded to landlord; Water Rates: $863.48 awarded to landlord

What type of tenancy dispute was case 4625869?

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

Where can I read the official tribunal order for case 4625869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566750-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4625869 about?

The tribunal order states: Faatoaga Sailimalo and Falelua Senio must pay [The landlord/s] $5,399.17

How much money was awarded in case 4625869?

Cleaning: $92.00 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $63.25 awarded to landlord; Pest Control: $115.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,930.00 awarded to landlord; Water Rates: $863.48 awarded to landlord

What type of tenancy dispute was case 4625869?

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

Where can I read the official tribunal order for case 4625869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566750-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4625869 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4625869 — net $5,399.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.6.23	$3,930.00	Rent arrears to 2.6.23
Water rates	$863.48	Water rates
Cleaning	$92.00	Cleaning
Pest control	$115.00	Pest control
Heat pump remote	$63.25	Heat pump remote
Carpet repairs	$115.00	Carpet repairs
Eviction	$200.00	Eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,399.17
Total payable by Tenant to Landlord	$5,399.17

Only the landlord, represented by [The landlord/s representative], attended the hearing. While notified, the tenants did not attend, and the hearing proceeded in their absence.

This tenancy began on 5 February 2022 and ended on 2 June 2023. The landlord has advised that the tenancy came to an end when the tenants were unable to make repayments in accordance with the mediator’s order.

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 and water rates?

As noted above, the tenancy ended on 2 June 2023. The landlord confirms receipt of the bond of $1,720.00, which was applied to the rent arrears. The balance of the arrears is sought, and the water charges. The landlord provided rent records and water rates invoices 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord has established, with photographic, documentary, and oral evidence, that the tenants did not leave the premises reasonably clean and tidy.

At the end of the tenancy the heat pump remote was missing and had to be replaced. The landlord also had to arrange for pest control. An invoice for these costs has been provided.

The landlord also incurred the cost of the eviction process, and the invoice has been produced.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the carpet in the bedroom, which was torn. The carpet is stated to be new at the start of the tenancy.

To be successful with the claim, 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 of the 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). 1 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). 2 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 3

The landlord has insurance for tenant damage and the insurance excess is believed to be $500.00.

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. 4 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.

I am satisfied that the damage to the carpet was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided photographic and documentary evidence, including a detailed inspection report. The landlord has also produced an invoice for the repair cost. The amount ordered is proved.

In ordering the above amount I have taken into account the principle of betterment and depreciation. This is to ensure that the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off (the principle of betterment). When calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan are taken into account. Filing fee and name suppression

Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.

The landlord’s request for name suppression is also granted on the same basis.

Claims and awards in Tenancy Tribunal application 4625869 — net $5,399.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.6.23	$3,930.00	Rent arrears to 2.6.23
Water rates	$863.48	Water rates
Cleaning	$92.00	Cleaning
Pest control	$115.00	Pest control
Heat pump remote	$63.25	Heat pump remote
Carpet repairs	$115.00	Carpet repairs
Eviction	$200.00	Eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,399.17
Total payable by Tenant to Landlord	$5,399.17

Order

Faatoaga Sailimalo and Falelua Senio must pay [The landlord/s] $5,399.17 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by [The landlord/s representative], attended the hearing. While notified, the tenants did not attend, and the hearing proceeded in their absence.
This tenancy began on 5 February 2022 and ended on 2 June 2023. The landlord has advised that the tenancy came to an end when the tenants were unable to make repayments in accordance with the mediator’s order.
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 and water rates?

As noted above, the tenancy ended on 2 June 2023. The landlord confirms receipt of the bond of $1,720.00, which was applied to the rent arrears. The balance of the arrears is sought, and the water charges. The landlord provided rent records and water rates invoices 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord has established, with photographic, documentary, and oral evidence, that the tenants did not leave the premises reasonably clean and tidy.
At the end of the tenancy the heat pump remote was missing and had to be replaced. The landlord also had to arrange for pest control. An invoice for these costs has been provided.
The landlord also incurred the cost of the eviction process, and the invoice has been produced.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the carpet in the bedroom, which was torn. The carpet is stated to be new at the start of the tenancy.
To be successful with the claim, 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 of the 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). 1 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). 2 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 3
The landlord has insurance for tenant damage and the insurance excess is believed to be $500.00.
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. 4 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.
I am satisfied that the damage to the carpet was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided photographic and documentary evidence, including a detailed inspection report. The landlord has also produced an invoice for the repair cost. The amount ordered is proved.
In ordering the above amount I have taken into account the principle of betterment and depreciation. This is to ensure that the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off (the principle of betterment). When calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan are taken into account. Filing fee and name suppression
Because the landlord has been successful, the tenants are to pay the landlord’s filing fee.
The landlord’s request for name suppression is also granted on the same basis.

Tenancy Tribunal case 4625869 — Rent arrears

At a glance

Tenancy Tribunal case 4625869 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 rates?

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