How much money was awarded in case 4632429?

Filing Fee: $20.44 awarded to landlord; Post Tenancy Work: $5,874.24 awarded to landlord; Rent Arrears: $2,628.57 awarded to landlord

What type of tenancy dispute was case 4632429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4632429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395237-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4632429?

Filing Fee: $20.44 awarded to landlord; Post Tenancy Work: $5,874.24 awarded to landlord; Rent Arrears: $2,628.57 awarded to landlord

What type of tenancy dispute was case 4632429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4632429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395237-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4632429 — Rent arrears

Q: What was Tenancy Tribunal case 4632429 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 4632429 — net $6,323.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,628.57	Rent arrears
Post tenancy work	$5,874.24	Post tenancy work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,323.25
Total payable by Tenant to Landlord	$6,323.25

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

Sophie Wratt must pay [The landlord/s] $6,323.25 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing. I have no reason to believe that the tenant is not aware of the hearing. I will proceed to consider the landlords claim.

The tenant has not disputed this claim. DescriptionLandlord Rent arrears$2,628.57 Post tenancy work$5,874.24 Filing fee reimbursement$20.44 Total award$8,523.25 Minus bond- $2,200.00 Total payable by Tenant to Landlord$6,323.25

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 ended following the landlords father advising the landlord the tenant had left the premises and would not be returning. The landlord found the premises abandoned, but with extensive rubbish remaining. The landlord provided rent records which prove the amount owing at the end of the tenancy, which is ordered in full.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs provided confirm there was extensive rubbish throughout the premises, both inside and out.

The tenant did not return the keys.

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.

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.

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.

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 landlord has claimed compensation for the replacement of curtains and replacement of a heater. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered in relation to cleaning and remediation costs seem reasonable given the state of the premises, and are ordered in full.

The landlord has applied for name suppression which is ordered given the landlord has been wholly successful in the claim.

Claims and awards in Tenancy Tribunal application 4632429 — net $6,323.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,628.57	Rent arrears
Post tenancy work	$5,874.24	Post tenancy work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,323.25
Total payable by Tenant to Landlord	$6,323.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sophie Wratt must pay [The landlord/s] $6,323.25 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing. I have no reason to believe that the tenant is not aware of the hearing. I will proceed to consider the landlords claim.
The tenant has not disputed this claim. DescriptionLandlord Rent arrears$2,628.57 Post tenancy work$5,874.24 Filing fee reimbursement$20.44 Total award$8,523.25 Minus bond- $2,200.00 Total payable by Tenant to Landlord$6,323.25
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 ended following the landlords father advising the landlord the tenant had left the premises and would not be returning. The landlord found the premises abandoned, but with extensive rubbish remaining. The landlord provided rent records which prove the amount owing at the end of the tenancy, which is ordered in full.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs provided confirm there was extensive rubbish throughout the premises, both inside and out.
The tenant did not return the keys.
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.
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.
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.
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 landlord has claimed compensation for the replacement of curtains and replacement of a heater. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered in relation to cleaning and remediation costs seem reasonable given the state of the premises, and are ordered in full.
The landlord has applied for name suppression which is ordered given the landlord has been wholly successful in the claim.

Tenancy Tribunal case 4632429 — Rent arrears

At a glance

Tenancy Tribunal case 4632429 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Key findings

Frequently asked questions