What was Tenancy Tribunal case 4668993 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed])

How much money was awarded in case 4668993?

Cleaning: $805.00 awarded to landlord; Compensation: overpaid fixed wastewa…: $508.12 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,000.00 awarded to landlord; Rent Arrears: $471.43 awarded to landlord; Property Damage: $218.00 awarded to landlord; Labour Costs: $240.00 awarded to landlord; Property Damage: $51.11 awarded to landlord; Property Damage: $52.93 awarded to landlord; Water Rates: $126.89 awarded to landlord

What type of tenancy dispute was case 4668993?

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

Where can I read the official tribunal order for case 4668993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10251059-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4668993 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed])

How much money was awarded in case 4668993?

Cleaning: $805.00 awarded to landlord; Compensation: overpaid fixed wastewa…: $508.12 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,000.00 awarded to landlord; Rent Arrears: $471.43 awarded to landlord; Property Damage: $218.00 awarded to landlord; Labour Costs: $240.00 awarded to landlord; Property Damage: $51.11 awarded to landlord; Property Damage: $52.93 awarded to landlord; Water Rates: $126.89 awarded to landlord

What type of tenancy dispute was case 4668993?

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

Where can I read the official tribunal order for case 4668993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10251059-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4668993 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4668993 — net $317.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17/08/2023	$471.43		4. I order the tenant to pay the landlord $471.43 for rent arrears and $126.89 for water rates arrears.
Water rates	$126.89		Water rates
Cleaning	$805.00		Cleaning
Lawns and Garden work	$1,000.00		Lawns and Garden work
Repairs: Wall damage	$51.11		Repairs: Wall damage
Repairs: Window damage	$52.93		Repairs: Window damage
Repairs: Garage door damage	$218.00		Repairs: Garage door damage
Repairs: Labour costs	$240.00		Repairs: Labour costs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: overpaid fixed wastewater charges		$508.12	overpaid fixed wastewater charges
Total award	$2,985.80	$508.12
Net award	$317.68
Total payable by Tenant to Landlord	$317.68

The landlord attended the hearing. The tenant did not.

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 rates?

The tenancy ended on 17 th August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

I order the tenant to pay the landlord $471.43 for rent arrears and $126.89 for water rates arrears.

However, the landlord confirmed that the tenant had paid the fixed wastewater charges for the duration of the tenancy.

This equates to $508.12 which includes the fixed charge to the last water rates invoice.

Section 39(1) of the Residential Tenancies Act 1986 (“RTA”) requires the landlord to pay for fixed wastewater charges. Section 11 of the RTA prohibits any contracting out of this requirement.

Accordingly, I order the landlord to reimburse the tenant for the fixed wastewater charges for the duration of the tenancy.

This will be offset from the final amount payable by the tenant to the landlord.

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 and remove all rubbish. See section 40(1)(e) RTA.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

I order the tenant to pay the landlord $805.00 for cleaning, $1,000.00 for lawns and garden work.

The amounts include the rubbish removal that was required.

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. 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: wall, window and garage door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered above are proved. Filing fee reimbursement

Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4668993 — net $317.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17/08/2023	$471.43		4. I order the tenant to pay the landlord $471.43 for rent arrears and $126.89 for water rates arrears.
Water rates	$126.89		Water rates
Cleaning	$805.00		Cleaning
Lawns and Garden work	$1,000.00		Lawns and Garden work
Repairs: Wall damage	$51.11		Repairs: Wall damage
Repairs: Window damage	$52.93		Repairs: Window damage
Repairs: Garage door damage	$218.00		Repairs: Garage door damage
Repairs: Labour costs	$240.00		Repairs: Labour costs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: overpaid fixed wastewater charges		$508.12	overpaid fixed wastewater charges
Total award	$2,985.80	$508.12
Net award	$317.68
Total payable by Tenant to Landlord	$317.68

Order

The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.
RICHARD IAN TRANTER must pay [The landlord/s] $317.68 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
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 rates?

The tenancy ended on 17 th August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $471.43 for rent arrears and $126.89 for water rates arrears.
However, the landlord confirmed that the tenant had paid the fixed wastewater charges for the duration of the tenancy.
This equates to $508.12 which includes the fixed charge to the last water rates invoice.
Section 39(1) of the Residential Tenancies Act 1986 (“RTA”) requires the landlord to pay for fixed wastewater charges. Section 11 of the RTA prohibits any contracting out of this requirement.
Accordingly, I order the landlord to reimburse the tenant for the fixed wastewater charges for the duration of the tenancy.
This will be offset from the final amount payable by the tenant to the landlord.

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 and remove all rubbish. See section 40(1)(e) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I order the tenant to pay the landlord $805.00 for cleaning, $1,000.00 for lawns and garden work.
The amounts include the rubbish removal that was required.

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. 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: wall, window and garage door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered above are proved. Filing fee reimbursement
Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4668993 — Cleanliness

At a glance

Tenancy Tribunal case 4668993 — Cleanliness

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