What was Tenancy Tribunal case 4649719 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4649719?

Builder'S Quote To Install New Doors: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $374.66 awarded to landlord; Rent Arrears: $9,813.28 awarded to landlord; Water Rates: $1,392.83 awarded to landlord

What type of tenancy dispute was case 4649719?

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

Where can I read the official tribunal order for case 4649719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494008-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4649719 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4649719?

Builder'S Quote To Install New Doors: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $374.66 awarded to landlord; Rent Arrears: $9,813.28 awarded to landlord; Water Rates: $1,392.83 awarded to landlord

What type of tenancy dispute was case 4649719?

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

Where can I read the official tribunal order for case 4649719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494008-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4649719 — Rent arrears

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New Zealand Tenancy Tribunal Case 4649719 — 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 4649719 — net $13,201.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2023	$9,813.28	Rent arrears to 20 July 2023
Water rates less fixed charges	$1,392.83	Water rates less fixed charges
Replace damaged garage door (insurance excess	$1,000.00	Replace damaged garage door (insurance excess
Replace 3 damaged internal doors (30% depreciated	$374.66	Replace 3 damaged internal doors (30% depreciated
Builder's quote to install new doors	$600.00	Builder's quote to install new doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,201.21
Total payable by Tenant to Landlord	$13,201.21

Claims and awards for application 4649719 — net $13,201.21 NZD. Verify on MoJ.

Rent arrears to 20 July 2023

Amount: $9,813.28
Awarded to: Landlord
Reason: Rent arrears to 20 July 2023

Water rates less fixed charges

Amount: $1,392.83
Awarded to: Landlord
Reason: Water rates less fixed charges

Replace damaged garage door (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace damaged garage door (insurance excess

Replace 3 damaged internal doors (30% depreciated

Amount: $374.66
Awarded to: Landlord
Reason: Replace 3 damaged internal doors (30% depreciated

Builder's quote to install new doors

Amount: $600.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Andrew Jope Samuelu must pay [The landlord/s] $13,201.21 immediately, calculated as shown in table below.
The application for compensation for cleaning costs is dismissed.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not attend. I have recorded the landlord’s name as an individual rather than as a trustee of a Trust to reflect the tenancy agreement.
The landlord has applied for rent arrears, compensation, a disposal of goods order, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was a fixed term tenancy for the period 23 August 2022 to 23 August 2023. However, the tenancy ended on 20 July 2023. The tenant, representing himself as the landlord, entered a new tenancy agreement with another tenant. The landlord agreed to let the new tenant remain in the tenancy and has accepted rent payments from that tenant since 21 July 2023.
There is a periodic tenancy in place between the landlord and the new tenant since 21 July 2023 because the tenant has paid rent to the landlord. The landlord intends completing a tenancy agreement to record the terms of the new tenancy.
This tenant remains liable for rent to 20 July 2023. The landlord provided rent records which prove the amount of rent owing to that date.
The landlord produced water rates invoices which prove the amount owing for water rates 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 (RTA).
The landlord sought cleaning costs. However, the new tenant did the cleaning, and the landlord did not incur any cost so there is no loss to compensate. I dismiss the claim for cleaning costs.

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. The garage door was damaged and must be replaced. The landlord’s insurer has accepted the claim for that damage. I award the landlord the insurance excess.
There was damage to 3 internal doors which also must be replaced. Each event is considered a separate event for insurance purposes and the repair cost is less than the insurance excess.
I have awarded the landlord the replacement cost of the doors (depreciated by 30% to take into account their age) as well as the quoted cost for a builder to hang the doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
If there are any personal documents such as formal certificates and passports among the tenant’s goods, the landlord must take them to the nearest police station and obtain a receipt for them.
On the successful application I have awarded the landlord the Tribunal filing fee.
The landlord sought, and is entitled to, an order for name suppression – see section 95A RTA.

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 4649719 — net $13,201.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2023	$9,813.28	Rent arrears to 20 July 2023
Water rates less fixed charges	$1,392.83	Water rates less fixed charges
Replace damaged garage door (insurance excess	$1,000.00	Replace damaged garage door (insurance excess
Replace 3 damaged internal doors (30% depreciated	$374.66	Replace 3 damaged internal doors (30% depreciated
Builder's quote to install new doors	$600.00	Builder's quote to install new doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,201.21
Total payable by Tenant to Landlord	$13,201.21

Claims and awards for application 4649719 — net $13,201.21 NZD. Verify on MoJ.

Rent arrears to 20 July 2023

Amount: $9,813.28
Awarded to: Landlord
Reason: Rent arrears to 20 July 2023

Water rates less fixed charges

Amount: $1,392.83
Awarded to: Landlord
Reason: Water rates less fixed charges

Replace damaged garage door (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace damaged garage door (insurance excess

Replace 3 damaged internal doors (30% depreciated

Amount: $374.66
Awarded to: Landlord
Reason: Replace 3 damaged internal doors (30% depreciated

Builder's quote to install new doors

Amount: $600.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Andrew Jope Samuelu must pay [The landlord/s] $13,201.21 immediately, calculated as shown in table below.
The application for compensation for cleaning costs is dismissed.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not attend. I have recorded the landlord’s name as an individual rather than as a trustee of a Trust to reflect the tenancy agreement.
The landlord has applied for rent arrears, compensation, a disposal of goods order, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was a fixed term tenancy for the period 23 August 2022 to 23 August 2023. However, the tenancy ended on 20 July 2023. The tenant, representing himself as the landlord, entered a new tenancy agreement with another tenant. The landlord agreed to let the new tenant remain in the tenancy and has accepted rent payments from that tenant since 21 July 2023.
There is a periodic tenancy in place between the landlord and the new tenant since 21 July 2023 because the tenant has paid rent to the landlord. The landlord intends completing a tenancy agreement to record the terms of the new tenancy.
This tenant remains liable for rent to 20 July 2023. The landlord provided rent records which prove the amount of rent owing to that date.
The landlord produced water rates invoices which prove the amount owing for water rates 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 (RTA).
The landlord sought cleaning costs. However, the new tenant did the cleaning, and the landlord did not incur any cost so there is no loss to compensate. I dismiss the claim for cleaning costs.

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. The garage door was damaged and must be replaced. The landlord’s insurer has accepted the claim for that damage. I award the landlord the insurance excess.
There was damage to 3 internal doors which also must be replaced. Each event is considered a separate event for insurance purposes and the repair cost is less than the insurance excess.
I have awarded the landlord the replacement cost of the doors (depreciated by 30% to take into account their age) as well as the quoted cost for a builder to hang the doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
If there are any personal documents such as formal certificates and passports among the tenant’s goods, the landlord must take them to the nearest police station and obtain a receipt for them.
On the successful application I have awarded the landlord the Tribunal filing fee.
The landlord sought, and is entitled to, an order for name suppression – see section 95A RTA.

Tenancy Tribunal case 4649719 — Rent arrears

At a glance

Tenancy Tribunal case 4649719 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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