How much money was awarded in case 4650729?

Cleaning: $380.00 awarded to landlord; Cleaning: $321.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $420.75 awarded to landlord; Property Damage: $266.80 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,051.41 awarded to landlord; To Heat Pump: $120.35 awarded to landlord

What type of tenancy dispute was case 4650729?

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

Where can I read the official tribunal order for case 4650729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9354759-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4650729?

Cleaning: $380.00 awarded to landlord; Cleaning: $321.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $420.75 awarded to landlord; Property Damage: $266.80 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,051.41 awarded to landlord; To Heat Pump: $120.35 awarded to landlord

What type of tenancy dispute was case 4650729?

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

Where can I read the official tribunal order for case 4650729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9354759-Tribunal_Order_Redacted.pdf.

14 Napier Street, Belleknowes, Dunedin 9011 Tenancy Tribunal Case 4650729 — Rent arrears

Q: What was Tenancy Tribunal case 4650729 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 4650729 — net $1,881.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,051.41	Rent arrears
Carpet Cleaning	$380.00	Carpet Cleaning
Cleaning: & light bulbs	$321.89	Cleaning: & light bulbs
Lawns and Garden work: & gate repairs	$420.75	Lawns and Garden work: & gate repairs
Lock/key replacement	$266.80	Lock/key replacement
Repairs: to heat pump	$120.35	Repairs: to heat pump
Door repairs	$230.00	Door repairs
Insurance excess	$550.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,881.64
Total payable by Tenant to Landlord	$1,881.64

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

Myra Matthews and Estate of Shaydon William Park must pay [The landlord/s] $1,881.64 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.

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 28/6/2023, after the remaining tenant gave 28 days notice. The landlord provided rent records which prove the amount owing.

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 landlord sought compensation for cleaning, carpet cleaning, lawns and garden work, rubbish removal and replacement of locks and keys.

In support of the claim the landlord provided entry and exit reports with photographs, and invoices.

I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace light bulbs.

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 landlord sought the insurance excess for replacement of a burnt dining room carpet and compensation for repairs to a hole in a door.

I am satisfied the damage was caused during the tenancy and is more than fair wear and tear.

The amounts ordered are proved.

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

Suppression is granted to the landlord under section 95A because they were successful with the claim.

Claims and awards in Tenancy Tribunal application 4650729 — net $1,881.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,051.41	Rent arrears
Carpet Cleaning	$380.00	Carpet Cleaning
Cleaning: & light bulbs	$321.89	Cleaning: & light bulbs
Lawns and Garden work: & gate repairs	$420.75	Lawns and Garden work: & gate repairs
Lock/key replacement	$266.80	Lock/key replacement
Repairs: to heat pump	$120.35	Repairs: to heat pump
Door repairs	$230.00	Door repairs
Insurance excess	$550.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,881.64
Total payable by Tenant to Landlord	$1,881.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Myra Matthews and Estate of Shaydon William Park must pay [The landlord/s] $1,881.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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 28/6/2023, after the remaining tenant gave 28 days notice. The landlord provided rent records which prove the amount owing.

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 landlord sought compensation for cleaning, carpet cleaning, lawns and garden work, rubbish removal and replacement of locks and keys.
In support of the claim the landlord provided entry and exit reports with photographs, and invoices.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace light bulbs.
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 landlord sought the insurance excess for replacement of a burnt dining room carpet and compensation for repairs to a hole in a door.
I am satisfied the damage was caused during the tenancy and is more than fair wear and tear.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted to the landlord under section 95A because they were successful with the claim.

Tenancy Tribunal case 4650729 — Rent arrears at 14 Napier Street, Belleknowes, Dunedin 9011

At a glance

Tenancy Tribunal case 4650729 — Rent arrears at 14 Napier Street, Belleknowes, Dunedin 9011

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