What was Tenancy Tribunal case 4661369 about?

The tribunal order states: Monika Rihari Waikato must pay [The landlord/s] $2,344.72 immediately,

How much money was awarded in case 4661369?

Cleaning: $169.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $3,600.00 awarded to landlord; Shower Liner: $697.50 awarded to landlord; Water Rates: $27.78 awarded to landlord

What type of tenancy dispute was case 4661369?

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

Where can I read the official tribunal order for case 4661369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608604-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4661369 about?

The tribunal order states: Monika Rihari Waikato must pay [The landlord/s] $2,344.72 immediately,

How much money was awarded in case 4661369?

Cleaning: $169.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $3,600.00 awarded to landlord; Shower Liner: $697.50 awarded to landlord; Water Rates: $27.78 awarded to landlord

What type of tenancy dispute was case 4661369?

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

Where can I read the official tribunal order for case 4661369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608604-Tribunal_Order_Redacted.pdf.

21 Tairere Crescent, Rosehill, Papakura 2113 Tenancy Tribunal Case 4661369 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4661369 — net $2,344.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 September 2023	$3,600.00	Rent arrears to 15 September 2023
Water rates	$27.78	Water rates
Carpet Cleaning	$169.00	Carpet Cleaning
Lock/key replacement	$230.00	Lock/key replacement
Repairs: Shower liner	$697.50	Repairs: Shower liner
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,344.72
Total payable by Tenant to Landlord	$2,344.72

The landlord attended the hearing. The tenant did not.

The tenancy ended after the landlord filed her claims. The landlord has amended her claims on the 22 September 2023, she now seeks rent arrears, water rates, carpet cleaning, compensation for keys not returned, and compensation for repairs to the shower liner and the filing fee. I am satisfied that the tenant has been advised that the landlord has filed these additional claims and that the tenant has been given notice of today’s hearing at her new address.

How much is owed for rent and water rates?

The tenancy ended on 12 September 2023 by agreement. The tenant remained in possession of the property until 15 September 2023 and is liable for rent until that date. 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 or her visitors had smoked in the tenancy in breach of the tenancy agreement. This had caused the carpets to smell. The tenant had left deodorising powder on the carpets, but the landlord had to have the carpets professionally cleaned to remove the smell and the deodorising powder.

The tenant did not return the keys.

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 following damage was caused during the tenancy: A hole in the shower liner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The shower liner was brand new at the beginning of the tenancy and had no hole in it, at the end of the tenancy it had a hole in the liner of approx. the circumference of a 10cent coin.

The amounts ordered are proved.

The landlord requested suppression and as the successful party is entitled to name suppression and the filing fee.

Claims and awards in Tenancy Tribunal application 4661369 — net $2,344.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 September 2023	$3,600.00	Rent arrears to 15 September 2023
Water rates	$27.78	Water rates
Carpet Cleaning	$169.00	Carpet Cleaning
Lock/key replacement	$230.00	Lock/key replacement
Repairs: Shower liner	$697.50	Repairs: Shower liner
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,344.72
Total payable by Tenant to Landlord	$2,344.72

Order

Monika Rihari Waikato must pay [The landlord/s] $2,344.72 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The tenancy ended after the landlord filed her claims. The landlord has amended her claims on the 22 September 2023, she now seeks rent arrears, water rates, carpet cleaning, compensation for keys not returned, and compensation for repairs to the shower liner and the filing fee. I am satisfied that the tenant has been advised that the landlord has filed these additional claims and that the tenant has been given notice of today’s hearing at her new address.

How much is owed for rent and water rates?

The tenancy ended on 12 September 2023 by agreement. The tenant remained in possession of the property until 15 September 2023 and is liable for rent until that date. 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 or her visitors had smoked in the tenancy in breach of the tenancy agreement. This had caused the carpets to smell. The tenant had left deodorising powder on the carpets, but the landlord had to have the carpets professionally cleaned to remove the smell and the deodorising powder.
The tenant did not return the keys.
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 following damage was caused during the tenancy: A hole in the shower liner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The shower liner was brand new at the beginning of the tenancy and had no hole in it, at the end of the tenancy it had a hole in the liner of approx. the circumference of a 10cent coin.
The amounts ordered are proved.
The landlord requested suppression and as the successful party is entitled to name suppression and the filing fee.

Tenancy Tribunal case 4661369 — Rent arrears at 21 Tairere Crescent, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 4661369 — Rent arrears at 21 Tairere Crescent, Rosehill, Papakura 2113

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