What was Tenancy Tribunal case 4627306 about?

The tribunal order states: Marina Tui Masaga must pay [The landlord/s] $2,711.87 immediately, calculated

How much money was awarded in case 4627306?

Cleaning: $570.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $330.00 awarded to landlord; Rent Arrears: $1,251.43 awarded to landlord; Rubbish Removal: $540.00 awarded to landlord

What type of tenancy dispute was case 4627306?

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

Where can I read the official tribunal order for case 4627306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621724-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4627306 about?

The tribunal order states: Marina Tui Masaga must pay [The landlord/s] $2,711.87 immediately, calculated

How much money was awarded in case 4627306?

Cleaning: $570.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $330.00 awarded to landlord; Rent Arrears: $1,251.43 awarded to landlord; Rubbish Removal: $540.00 awarded to landlord

What type of tenancy dispute was case 4627306?

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

Where can I read the official tribunal order for case 4627306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621724-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4627306 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4627306 — net $2,711.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.7.23	$1,251.43	Rent arrears to 9.7.23
Cleaning and carpet cleaning	$570.00	Cleaning and carpet cleaning
Rubbish removal	$540.00	Rubbish removal
Kitchen tap replacement	$330.00	Kitchen tap replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,711.87
Total payable by Tenant to Landlord	$2,711.87

Only the landlord, represented by [The landlord’s representatives], attended the hearing. There was no appearance by the tenant. As the tenant had been notified, the hearing proceeded in her absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. This tenancy came to an end following an order of the Tribunal on 5 July 2023. The landlord has received the bond.

How much is owed for rent?

The Tribunal terminated the tenancy on 5 July 2023. However, at the tenant’s request, the landlord agreed to allow the tenant to remain in possession until 9 July 2023. Therefore, the tenancy ended on 9 July 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, 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 claims cleaning and rubbish removal costs. The landlord has provided evidence establishing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence includes inspection reports with photographs showing the condition of the premises at the beginning and end of the tenancy. An invoice for cleaning (including carpet cleaning), and rubbish removal costs was also produced. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the kitchen tap and a dressing table. 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). 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) of the 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.

From the evidence produced at the hearing, I am satisfied that the damage to the kitchen tap 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 amount ordered for replacement of the kitchen tap is proved.

In ordering the above amount, 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.

As explained to the landlord, I am unable to award the amount claimed for repairing the dressing table, due to the lack of evidence of the actual damage. It is further noted that this item is not listed as a chattel provided by the landlord in the tenancy agreement. Filing fee and suppression

Because the landlord has been mostly successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is also granted.

Claims and awards in Tenancy Tribunal application 4627306 — net $2,711.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.7.23	$1,251.43	Rent arrears to 9.7.23
Cleaning and carpet cleaning	$570.00	Cleaning and carpet cleaning
Rubbish removal	$540.00	Rubbish removal
Kitchen tap replacement	$330.00	Kitchen tap replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,711.87
Total payable by Tenant to Landlord	$2,711.87

Order

Marina Tui Masaga must pay [The landlord/s] $2,711.87 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by [The landlord’s representatives], attended the hearing. There was no appearance by the tenant. As the tenant had been notified, the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. This tenancy came to an end following an order of the Tribunal on 5 July 2023. The landlord has received the bond.

How much is owed for rent?

The Tribunal terminated the tenancy on 5 July 2023. However, at the tenant’s request, the landlord agreed to allow the tenant to remain in possession until 9 July 2023. Therefore, the tenancy ended on 9 July 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, 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 claims cleaning and rubbish removal costs. The landlord has provided evidence establishing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence includes inspection reports with photographs showing the condition of the premises at the beginning and end of the tenancy. An invoice for cleaning (including carpet cleaning), and rubbish removal costs was also produced. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the kitchen tap and a dressing table. 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). 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) of the 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.
From the evidence produced at the hearing, I am satisfied that the damage to the kitchen tap 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 amount ordered for replacement of the kitchen tap is proved.
In ordering the above amount, 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.
As explained to the landlord, I am unable to award the amount claimed for repairing the dressing table, due to the lack of evidence of the actual damage. It is further noted that this item is not listed as a chattel provided by the landlord in the tenancy agreement. Filing fee and suppression
Because the landlord has been mostly successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is also granted.

Tenancy Tribunal case 4627306 — Rent arrears

At a glance

Tenancy Tribunal case 4627306 — 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