How much money was awarded in case 4661194?

Cleaning: $171.35 awarded to landlord; Cleaning: $510.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Pest Control: $595.50 awarded to landlord; Property Damage: $598.60 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,610.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $14.19 awarded to landlord

What type of tenancy dispute was case 4661194?

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

Where can I read the official tribunal order for case 4661194?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9650158-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4661194?

Cleaning: $171.35 awarded to landlord; Cleaning: $510.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Pest Control: $595.50 awarded to landlord; Property Damage: $598.60 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,610.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $14.19 awarded to landlord

What type of tenancy dispute was case 4661194?

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

Where can I read the official tribunal order for case 4661194?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9650158-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4661194 — Rent arrears

Q: What was Tenancy Tribunal case 4661194 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 4661194 — net $1,710.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.8.23	$1,610.00	Rent arrears to 13.8.23
Water rates	$14.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$598.60	Lock/key replacement
Pest control	$595.50	Pest control
Cleaning	$510.00	Cleaning
Carpet Cleaning	$171.35	Carpet Cleaning
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs	$500.00	Repairs
Rubbish removal	$700.00	Rubbish removal
Net award	$1,710.08
Total payable by Tenant to Landlord	$1,710.08

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

Steven Arano and April Taylor must pay [The landlord/s] $1,710.08 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlords attended the hearing.

The landlords have 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 13 August 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The evidence shows the premises were left in a filthy condition with significant amounts of rubbish left behind, including stained mattresses and the like.

I am satisfied that the sum of $510 that is claimed should be allowed for the cleaning.

In relation to the rubbish removal, I find the amount claimed to be on the high side for this extent of rubbish, but I allow the sum ordered above, being $700.00.

The house was discovered to be infested with German cockroaches on termination. The landlord’s evidence was that there was food strewn throughout the house. As a consequence, the cockroaches were in the hundreds and they were also throughout the house. The pest control contractor had to attend at the property three times, as an indication of the magnitude of the problem.

I am satisfied this cost, being the sum of $595.50, was necessary to rid the home of cockroaches. The landlord’s evidence was that the home had never previously had cockroaches and so this issue has clearly been caused by the tenants.

The landlord’s evidence was that they had to pay for a general carpet clean of $316.25 and also a spot clean of $171.35 to attempt to remove stains left by the tenants. I do not allow the cost of the general carpet cleaning, as this is not a cost which tenants are expected to bear, however I am satisfied that stains were placed on the carpet by the tenants and that spot cleaning was required. The sum of $171.35 is therefore allowed for the stain removal.

The lawns were not left in a tidy state but there was little photographic evidence provided of their conditions. I allow $70 for this cost.

The tenant did not return the keys or the garage remote. Indeed, the tenants had the locks changed at the premises without the consent of the landlords, meaning the landlords could not immediately gain entry at the end of the tenancy. I allow the amount ordered above for changing the locks and replacement of the remote.

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.

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.

During the tenancy, the tenants have kicked holes in a door, thus necessitating its replacement, and made holes in two walls.

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

In making any award, I must take 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 door at the start of the tenancy and its likely useful lifespan.

The tribunal sees many cases where claims are made for such damage and I find that the amount that is claimed is not reasonable for that sort of repair. I have therefore ordered payment by the tenants of $500 to the landlords for this damage.

The landlord’s claim for damage to a vinyl floor was withdrawn during the hearing.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4661194 — net $1,710.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13.8.23	$1,610.00	Rent arrears to 13.8.23
Water rates	$14.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$598.60	Lock/key replacement
Pest control	$595.50	Pest control
Cleaning	$510.00	Cleaning
Carpet Cleaning	$171.35	Carpet Cleaning
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs	$500.00	Repairs
Rubbish removal	$700.00	Rubbish removal
Net award	$1,710.08
Total payable by Tenant to Landlord	$1,710.08

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s names and identifying details.
Steven Arano and April Taylor must pay [The landlord/s] $1,710.08 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlords attended the hearing.
The landlords have 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 13 August 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The evidence shows the premises were left in a filthy condition with significant amounts of rubbish left behind, including stained mattresses and the like.
I am satisfied that the sum of $510 that is claimed should be allowed for the cleaning.
In relation to the rubbish removal, I find the amount claimed to be on the high side for this extent of rubbish, but I allow the sum ordered above, being $700.00.
The house was discovered to be infested with German cockroaches on termination. The landlord’s evidence was that there was food strewn throughout the house. As a consequence, the cockroaches were in the hundreds and they were also throughout the house. The pest control contractor had to attend at the property three times, as an indication of the magnitude of the problem.
I am satisfied this cost, being the sum of $595.50, was necessary to rid the home of cockroaches. The landlord’s evidence was that the home had never previously had cockroaches and so this issue has clearly been caused by the tenants.
The landlord’s evidence was that they had to pay for a general carpet clean of $316.25 and also a spot clean of $171.35 to attempt to remove stains left by the tenants. I do not allow the cost of the general carpet cleaning, as this is not a cost which tenants are expected to bear, however I am satisfied that stains were placed on the carpet by the tenants and that spot cleaning was required. The sum of $171.35 is therefore allowed for the stain removal.
The lawns were not left in a tidy state but there was little photographic evidence provided of their conditions. I allow $70 for this cost.
The tenant did not return the keys or the garage remote. Indeed, the tenants had the locks changed at the premises without the consent of the landlords, meaning the landlords could not immediately gain entry at the end of the tenancy. I allow the amount ordered above for changing the locks and replacement of the remote.

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.
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.
During the tenancy, the tenants have kicked holes in a door, thus necessitating its replacement, and made holes in two walls.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
In making any award, I must take 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 door at the start of the tenancy and its likely useful lifespan.
The tribunal sees many cases where claims are made for such damage and I find that the amount that is claimed is not reasonable for that sort of repair. I have therefore ordered payment by the tenants of $500 to the landlords for this damage.
The landlord’s claim for damage to a vinyl floor was withdrawn during the hearing.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4661194 — Rent arrears

At a glance

Tenancy Tribunal case 4661194 — Rent arrears

At a glance

Award balance

Claims & awards

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?

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 arrears?

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