What was Tenancy Tribunal case 4644391 about?

The tribunal order states: Chong Yi Sivilay and Somboun Sivilay must pay [The landlord/s] $13,346.42

How much money was awarded in case 4644391?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4644391?

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

Where can I read the official tribunal order for case 4644391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854414-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4644391 about?

The tribunal order states: Chong Yi Sivilay and Somboun Sivilay must pay [The landlord/s] $13,346.42

How much money was awarded in case 4644391?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4644391?

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

Where can I read the official tribunal order for case 4644391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854414-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4644391 — Rent arrears

Order

Chong Yi Sivilay and Somboun Sivilay must pay [The landlord/s] $13,346.42 immediately, calculated as shown in table below.

Reasons

[The landlord’s representative] for the landlord attended today’s hearing.
The tenant did not attend. Yesterday I authorised the tenants’ request that they have a representative at the hearing. As they were aware of todays hearing I proceeded in their absence.
The landlord has applied for rent arrears, compensation for damage to the walls rubbish removal, painting and cleaning and reimbursement of the filing fee following the end of the tenancy.
The landlord confirmed that he is holding the bond of $3000.00.

How much is owed for rent?

The tenancy ended on the 22 August 2023 being the last day of the fixed term tenancy. The tenants in correspondence with the landlord submitted that they should not be liable for rent until that date as they moved out earlier. Tenants are liable for rent until the end of the fixed term unless they leave with the written consent of the landlord, or if the parties have otherwise agreed that the tenancy ended earlier. There was no agreement to end this tenancy earlier and the landlord was unaware that the tenants had left the property. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord confirmed that the trustees purchased the property from the tenants. The settlement date was the 13 September 2022. The landlord says that no provision was made for rent in the settlement statement. The total amount of rent due is $36,857.14. The landlord has calculated the total of rent paid by the tenants from the 13 September 2022 to be $27,750. Therefore, the amount owing is $9,107.14.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
There was a significant amount of building materials and rubbish left behind that had to be discarded.
The landlord had independent contractors undertake this work.
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.
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 large hole in the garage wall, numerous holes of various sizes in walls throughout the premises. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord had to have the property repainted. The property is 10 years old but the landlord tells me that it was in good condition at the beginning of the tenancy. I have awarded approx. 10% of the total cost of painting to reflect that the paint work was likely nearing the end of expected lifespan. Filing fee and name suppression.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and I grant name suppression as requested.

Tenancy Tribunal case 4644391 — Rent arrears

Tenancy Tribunal case 4644391 — Rent arrears

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?

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?