What was Tenancy Tribunal case 4658691 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 4658691?

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 4658691?

The primary dispute was Rent arrears. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4658691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9886242-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4658691 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 4658691?

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 4658691?

The primary dispute was Rent arrears. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4658691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9886242-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4658691 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Isabel Mariana Maki Kamoe and William Richard Keen William to pay [The landlord/s] $1,562.38, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,080 ( [Bond number suppressed] ) to [The landlord/s] immediately.

Reasons

Only 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 and water arrears?

The tenancy ended on 14 September 2023. The landlord provided rent records and water rates invoices 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 left the lawns overgrown and in need of mowing.
The landlord had to replace light bulbs and smoke alarm batteries.
The amounts ordered are proved. I have not awarded the full amount claimed by the landlord because I am of the view the amounts claimed are higher than normally seen. Further, there is no itemisation of some of the amounts claimed, for example, not invoices are provided as to the actual cost of the lightbulbs and smoke alarms.
I have not made any award for carpet cleaning. Tenants are not liable for general carpet cleaning. Their obligation is only to leave the premises reasonably clean and tidy and not to the requisite condition that might be expected of an incoming tenant.

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 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) broken glass windows in the bedrooms and in main entrance door (b) missing curtains (c) broken door locks (d) broken bedroom door, kitchen cupboard door and kitchen pantry door (e) holes in walls (f) broken power point (g) broken shower hose The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered above are proved.
Any other matters not expressly dealt with are not proven.
Once again, I have not awarded the full amount claimed because I am of the view that the amounts are unreasonably high. I am concerned also that individual materials costs have not been itemised with relevant supporting invoices produced. This makes it hard to see what the labour cost was.
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.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee. For that reason, I also award suppression in favour of the landlord. The landlord has been successful.

Tenancy Tribunal case 4658691 — Rent arrears

Tenancy Tribunal case 4658691 — Rent arrears

Order

Reasons

How much is owed for rent and water arrears?

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 and water arrears?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?