What was Tenancy Tribunal case 4663852 about?

The tribunal order states: Kimiroa Miller and Maniora Miller must pay [The landlord/s] $2,277.76

How much money was awarded in case 4663852?

Cleaning: $493.50 awarded to landlord; Cleaning: $126.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Replace furnishings: curtains, rails…: $500.00 awarded to landlord; Rubbish Removal: $517.32 awarded to landlord

What type of tenancy dispute was case 4663852?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4663852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613063-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4663852 about?

The tribunal order states: Kimiroa Miller and Maniora Miller must pay [The landlord/s] $2,277.76

How much money was awarded in case 4663852?

Cleaning: $493.50 awarded to landlord; Cleaning: $126.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,100.00 awarded to landlord; Replace furnishings: curtains, rails…: $500.00 awarded to landlord; Rubbish Removal: $517.32 awarded to landlord

What type of tenancy dispute was case 4663852?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4663852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9613063-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4663852 — Rent arrears

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New Zealand Tenancy Tribunal Case 4663852 — 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 4663852 — net $2,277.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Carpet Cleaning	$493.50	Carpet Cleaning
Rubbish removal: and lawns	$517.32	Rubbish removal: and lawns
Cleaning	$126.50	Cleaning
Replace furnishings: curtains, rails and fixtures	$500.00	Replace furnishings: curtains, rails and fixtures
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,277.76
Total payable by Tenant to Landlord	$2,277.76

Claims and awards for application 4663852 — net $2,277.76 NZD. Verify on MoJ.

Rent arrears

Amount: $3,100.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $493.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: and lawns

Amount: $517.32
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Cleaning

Amount: $126.50
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: curtains, rails and fixtures

Amount: $500.00
Awarded to: Landlord
Reason: Replace furnishings: curtains, rails and fixtures

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Kimiroa Miller and Maniora Miller must pay [The landlord/s] $2,277.76 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,100.00 Carpet Cleaning$493.50 Rubbish removal: and lawns$517.32 Cleaning$126.50 Replace furnishings: curtains, rails and fixtures$500.00 Filing fee reimbursement$20.44 Total award$4,757.76 Bond$2,480.00 Total payable by Tenant to Landlord$2,277.76

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Service
The landlord made application to the Tribunal on 22 August 2023 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord does not have a contact address for the tenant that has been given to them in writing within the last two months.
This application was emailed to the tenant at the same email address that the tenant authorised to be used as an address for service in the tenancy agreement. Notifications were also texted to the tenant at the same phone number used during the tenancy. No emails have been returned because the email address is inactive. The landlord provided evidence that its email to the tenant’s email address had been read.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. I am satisfied that emailing and texting to a longstanding email address and phone number are steps that have brought, or are likely to have brought, notice of the application to the tenant’s attention.
In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.
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 landlord advised that the tenant notified the landlord by telephone on 3 January 2023 that they would not be returning to the property. The landlord has claimed the rent owing at that date, together with a further 28 days as notice. The landlord advised that the property was not rented during that period.
The landlord provided rent records 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord advised and the photographs indicated that the tenant appeared to have taken what they wanted and left everything else without making any attempt to clean the property.
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 provided photographic evidence that curtains, curtain rails and fixtures were broken during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage is careless damage.
The landlord was unsure of the age of the curtains and could not provide photographic evidence of the damage to one set of curtains.
I have considered 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.
I have reduced the amount claimed by the landlord to reflect that its proof is limited to two damaged curtains and that the curtains were towards the end of their useful life.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

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 4663852 — net $2,277.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,100.00	Rent arrears
Carpet Cleaning	$493.50	Carpet Cleaning
Rubbish removal: and lawns	$517.32	Rubbish removal: and lawns
Cleaning	$126.50	Cleaning
Replace furnishings: curtains, rails and fixtures	$500.00	Replace furnishings: curtains, rails and fixtures
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,277.76
Total payable by Tenant to Landlord	$2,277.76

Claims and awards for application 4663852 — net $2,277.76 NZD. Verify on MoJ.

Rent arrears

Amount: $3,100.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $493.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: and lawns

Amount: $517.32
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Cleaning

Amount: $126.50
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: curtains, rails and fixtures

Amount: $500.00
Awarded to: Landlord
Reason: Replace furnishings: curtains, rails and fixtures

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Kimiroa Miller and Maniora Miller must pay [The landlord/s] $2,277.76 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,100.00 Carpet Cleaning$493.50 Rubbish removal: and lawns$517.32 Cleaning$126.50 Replace furnishings: curtains, rails and fixtures$500.00 Filing fee reimbursement$20.44 Total award$4,757.76 Bond$2,480.00 Total payable by Tenant to Landlord$2,277.76

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Service
The landlord made application to the Tribunal on 22 August 2023 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The landlord does not have a contact address for the tenant that has been given to them in writing within the last two months.
This application was emailed to the tenant at the same email address that the tenant authorised to be used as an address for service in the tenancy agreement. Notifications were also texted to the tenant at the same phone number used during the tenancy. No emails have been returned because the email address is inactive. The landlord provided evidence that its email to the tenant’s email address had been read.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. I am satisfied that emailing and texting to a longstanding email address and phone number are steps that have brought, or are likely to have brought, notice of the application to the tenant’s attention.
In accordance with section 91B(2) RTA, I direct that the requirement for service is dispensed with and that the landlord’s application is to proceed as if it had been served on the tenant.
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 landlord advised that the tenant notified the landlord by telephone on 3 January 2023 that they would not be returning to the property. The landlord has claimed the rent owing at that date, together with a further 28 days as notice. The landlord advised that the property was not rented during that period.
The landlord provided rent records 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord advised and the photographs indicated that the tenant appeared to have taken what they wanted and left everything else without making any attempt to clean the property.
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 provided photographic evidence that curtains, curtain rails and fixtures were broken during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage is careless damage.
The landlord was unsure of the age of the curtains and could not provide photographic evidence of the damage to one set of curtains.
I have considered 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.
I have reduced the amount claimed by the landlord to reflect that its proof is limited to two damaged curtains and that the curtains were towards the end of their useful life.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4663852 — Rent arrears

At a glance

Tenancy Tribunal case 4663852 — Rent arrears

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