What was Tenancy Tribunal case 4642400 about?

The tribunal order states: Aroha Huraini Ritchie-Oconnell must pay [The landlord/s] $2,385.83

How much money was awarded in case 4642400?

Cleaning: $350.28 awarded to landlord; Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $487.31 awarded to landlord; Rent Arrears: $1,940.00 awarded to landlord; Replace Furnishings: Curtains: $330.31 awarded to landlord; Rubbish Removal: $741.75 awarded to landlord

What type of tenancy dispute was case 4642400?

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

Where can I read the official tribunal order for case 4642400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9630846-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642400 about?

The tribunal order states: Aroha Huraini Ritchie-Oconnell must pay [The landlord/s] $2,385.83

How much money was awarded in case 4642400?

Cleaning: $350.28 awarded to landlord; Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $487.31 awarded to landlord; Rent Arrears: $1,940.00 awarded to landlord; Replace Furnishings: Curtains: $330.31 awarded to landlord; Rubbish Removal: $741.75 awarded to landlord

What type of tenancy dispute was case 4642400?

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

Where can I read the official tribunal order for case 4642400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9630846-Tribunal_Order_Redacted.pdf.

25 Fitzherbert Street, Featherston, Featherston 5710 Tenancy Tribunal Case 4642400 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4642400 — net $2,385.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,940.00	Rent arrears
Carpet Cleaning	$350.28	Carpet Cleaning
Cleaning	$276.00	Cleaning
Rubbish removal	$741.75	Rubbish removal
Replace furnishings: curtains	$330.31	Replace furnishings: curtains
Repairs	$487.31	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,385.83
Total payable by Tenant to Landlord	$2,385.83

The landlord attended the hearing. There was no appearance for the tenant.

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 on 13 October 2022 after the tenant gave notice. The tenant remained in communication with the landlord and it was hoped that a payment plan for payment of arrears and other outstanding matters could be agreed upon. That has not eventuated.

The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,940.00.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided invoices for cleaning, bin hire and labour for cleaning the property. The carpets also required cleaning because the tenant’s pets had traipsed a lot of earth and gravel through the house and some stains required removal.

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 (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. The front door had been forced and warped and no longer closed properly. b. A cupboard door had come off its hinges. c. Some curtains were missing and others were mouldy, smelt or were damaged.

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 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. The cost of the replacement of four curtains and rails was very reasonable and I have not applied any depreciation.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4642400 — net $2,385.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,940.00	Rent arrears
Carpet Cleaning	$350.28	Carpet Cleaning
Cleaning	$276.00	Cleaning
Rubbish removal	$741.75	Rubbish removal
Replace furnishings: curtains	$330.31	Replace furnishings: curtains
Repairs	$487.31	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,385.83
Total payable by Tenant to Landlord	$2,385.83

Order

Aroha Huraini Ritchie-Oconnell must pay [The landlord/s] $2,385.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
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 on 13 October 2022 after the tenant gave notice. The tenant remained in communication with the landlord and it was hoped that a payment plan for payment of arrears and other outstanding matters could be agreed upon. That has not eventuated.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,940.00.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for cleaning, bin hire and labour for cleaning the property. The carpets also required cleaning because the tenant’s pets had traipsed a lot of earth and gravel through the house and some stains required removal.
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 (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. The front door had been forced and warped and no longer closed properly. b. A cupboard door had come off its hinges. c. Some curtains were missing and others were mouldy, smelt or were damaged.
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 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. The cost of the replacement of four curtains and rails was very reasonable and I have not applied any depreciation.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4642400 — Rent arrears at 25 Fitzherbert Street, Featherston, Featherston 5710

At a glance

Tenancy Tribunal case 4642400 — Rent arrears at 25 Fitzherbert Street, Featherston, Featherston 5710

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