What was the outcome of Tenancy Tribunal case 4641450?

The tribunal order states: Marlin Thompson owes Paul Raymond Dobson $2,583.86 (“the debt”),

How much money was awarded in case 4641450?

Cleaning: $165.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $102.78 awarded to landlord; Rent Arrears: $1,824.29 awarded to landlord; (Net Curtain: $23.00 awarded to landlord; Rubbish Removal: $48.35 awarded to landlord

What type of tenancy dispute was case 4641450?

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

Where can I read the official tribunal order for case 4641450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9827515-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4641450?

The tribunal order states: Marlin Thompson owes Paul Raymond Dobson $2,583.86 (“the debt”),

How much money was awarded in case 4641450?

Cleaning: $165.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $102.78 awarded to landlord; Rent Arrears: $1,824.29 awarded to landlord; (Net Curtain: $23.00 awarded to landlord; Rubbish Removal: $48.35 awarded to landlord

What type of tenancy dispute was case 4641450?

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

Where can I read the official tribunal order for case 4641450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9827515-Tenancy_Tribunal_Order.pdf.

15B Linwood Avenue, Forrest Hill, Auckland 0620 Tenancy Tribunal Case 4641450 — Rent arrears

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15B Linwood Avenue, Forrest Hill, Auckland 0620 Tenancy Tribunal Case 4641450 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4641450 — net $2,583.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/12/2022	$1,824.29	Rent arrears (to 20/12/2022
Cleaning	$400.00	Cleaning
Rubbish removal	$48.35	Rubbish removal
Carpet Cleaning	$165.00	Carpet Cleaning
Repairs: (net curtain	$23.00	Repairs: (net curtain
Lock/key replacement: (new door lock and 3 keys	$102.78	Lock/key replacement: (new door lock and 3 keys
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,583.86
Total payable by Tenant to Landlord	$2,583.86

Claims and awards for application 4641450 — net $2,583.86 NZD. Verify on MoJ.

Rent arrears (to 20/12/2022

Amount: $1,824.29
Awarded to: Landlord
Reason: Rent arrears (to 20/12/2022

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $48.35
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $165.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: (net curtain

Amount: $23.00
Awarded to: Landlord
Reason: Repairs: (net curtain

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Marlin Thompson owes Paul Raymond Dobson $2,583.86 (“the debt”), calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Mr Thompson must repay the debt to the landlord as follows: a. $25.00 towards the repayment of the debt each week on a Tuesday, for 103 weeks, commencing Tuesday 16th January 2024 and continuing until 6 January 2026; and b. $8.86 to be paid on 13 January 2026 to fully repay the remainder of the debt.
If the tenant fails to make the repayments of $25.00 each week, within 2 working days of the due dates, the balance of the remaining full debt will be payable immediately.
Repayments of the debt will be allocated in the following order: rent arrears, general damages/compensation and the filing fee.
The tenant has committed to paying the debt off sooner if he secures employment.

How much is owed for rent?

The tenancy ended on 20 December 20022. 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. As a result, the landlord had to replace the lock and pay for 2 keys for the house and 1 for the shed.
The amounts ordered are proved and the tenant did not dispute them.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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) 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: a. A stain on the carpet required professional cleaning to remove it; and b. A net curtain was ripped and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Paul Raymond Dobson has wholly succeeded with the claim, I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4641450 — net $2,583.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/12/2022	$1,824.29	Rent arrears (to 20/12/2022
Cleaning	$400.00	Cleaning
Rubbish removal	$48.35	Rubbish removal
Carpet Cleaning	$165.00	Carpet Cleaning
Repairs: (net curtain	$23.00	Repairs: (net curtain
Lock/key replacement: (new door lock and 3 keys	$102.78	Lock/key replacement: (new door lock and 3 keys
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,583.86
Total payable by Tenant to Landlord	$2,583.86

Claims and awards for application 4641450 — net $2,583.86 NZD. Verify on MoJ.

Rent arrears (to 20/12/2022

Amount: $1,824.29
Awarded to: Landlord
Reason: Rent arrears (to 20/12/2022

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $48.35
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $165.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: (net curtain

Amount: $23.00
Awarded to: Landlord
Reason: Repairs: (net curtain

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Marlin Thompson owes Paul Raymond Dobson $2,583.86 (“the debt”), calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Mr Thompson must repay the debt to the landlord as follows: a. $25.00 towards the repayment of the debt each week on a Tuesday, for 103 weeks, commencing Tuesday 16th January 2024 and continuing until 6 January 2026; and b. $8.86 to be paid on 13 January 2026 to fully repay the remainder of the debt.
If the tenant fails to make the repayments of $25.00 each week, within 2 working days of the due dates, the balance of the remaining full debt will be payable immediately.
Repayments of the debt will be allocated in the following order: rent arrears, general damages/compensation and the filing fee.
The tenant has committed to paying the debt off sooner if he secures employment.

How much is owed for rent?

The tenancy ended on 20 December 20022. 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. As a result, the landlord had to replace the lock and pay for 2 keys for the house and 1 for the shed.
The amounts ordered are proved and the tenant did not dispute them.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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) 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: a. A stain on the carpet required professional cleaning to remove it; and b. A net curtain was ripped and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Paul Raymond Dobson has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4641450 — Rent arrears at 15B Linwood Avenue, Forrest Hill, Auckland 0620

At a glance

Tenancy Tribunal case 4641450 — Rent arrears at 15B Linwood Avenue, Forrest Hill, Auckland 0620

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