What was Tenancy Tribunal case 4669449 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4669449?

Compensation: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $7,000.00 awarded to landlord; Rent Arrears: $865.00 awarded to landlord

What type of tenancy dispute was case 4669449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4669449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258061-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4669449 about?

The tribunal order states: The landlord’s name and identifying details including the tenancy address must

How much money was awarded in case 4669449?

Compensation: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $7,000.00 awarded to landlord; Rent Arrears: $865.00 awarded to landlord

What type of tenancy dispute was case 4669449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4669449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258061-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4669449 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4669449 — net $6,665.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2023	$865.00	Rent arrears to 31 May 2023
Cleaning, lawn and garden, locks, repairs	$7,000.00	Cleaning, lawn and garden, locks, repairs
Compensation for loss of rent	$1,000.00	Compensation for loss of rent
Filing fee reimbursement	$20.44	19. After discussing the landlord’s quote/invoice for $7,000.00 for all the work at the premises to bring it back to a tenantable condition, I am satisfied tha…
Net award	$6,665.44
Total payable by Tenant to Landlord	$6,665.44

The landlord attended the hearing with a support person. A Mandarin interpreter assisted her.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment out of the bond following the end of the tenancy.

The tenancy was terminated on 30 June 2023 by Tribunal order. 1

How much is owed for rent?

The tenancy was termination on 30 June 2023. However, the Tribunal ordered the tenant having abandoned the premises was required to pay rent to only 31 May 2023.

The landlord provided a rent summary which proved the amount owing is as set out in the table above.

The house was left in such a bad condition (as will be discussed below) that it took about four weeks for it to be cleaned, tidied, and repaired to a tenantable condition. The weekly rent was $800.00 per week. The landlord seeks compensation of $1,000.00 for lost rent.

The claim for lost rent is proven. The amount sought is reasonable.

An order for $1,000.00 is made.

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. 2

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

The landlord had a project manager organise the cleaning, lawn and garden work, pest control, lock replacements, and repairs for a global figure of $,7000.00.

The landlord submitted photographs, and her friend gave evidence which satisfies me that the cleaning, lawn and garden work, pest control, and lock replacements were done and paid for. 1 [Landlord] v Jahlia Eynon [2023] NZTT 4594649. 2 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v).

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. 3

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. 4

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. 5

During the tenancy the outside of the house was graffitied on two levels, four window were broken, a downpipe was pulled off the wall, a bathroom sink was cracked through, two electrical socket switches were broken, a door frame was severely scratched, several doors were damaged, the showerhead was missing, there were four holes in the gib board walls, and the toilet seat had to be replaced.

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

After discussing the landlord’s quote/invoice for $7,000.00 for all the work at the premises to bring it back to a tenantable condition, I am satisfied that the global figure is fair. The amount charged is considerable discounted and it is fair to award the full amount. Any betterment or depreciation would be less than the discount the landlord achieved by taking the cost-effective approach she did. Filing fee

The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in her claim. 3 RTA, ss 40(2)(a), 41 and 49B. 4 RTA, s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Bond

The bond is to be paid to the landlord. Non-publication

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6

The landlord applies for non-publication of her name and identifying particulars. I do not consider that publication is in the public interest or justified by the landlord’s conduct or any other circumstances.

It follows, the Tribunal orders non-publication.

Claims and awards in Tenancy Tribunal application 4669449 — net $6,665.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2023	$865.00	Rent arrears to 31 May 2023
Cleaning, lawn and garden, locks, repairs	$7,000.00	Cleaning, lawn and garden, locks, repairs
Compensation for loss of rent	$1,000.00	Compensation for loss of rent
Filing fee reimbursement	$20.44	19. After discussing the landlord’s quote/invoice for $7,000.00 for all the work at the premises to bring it back to a tenantable condition, I am satisfied tha…
Net award	$6,665.44
Total payable by Tenant to Landlord	$6,665.44

Order

The landlord’s name and identifying details including the tenancy address must not be published.
Jahlia Teresa Ngahuia Eynon must pay [the landlord] $6,665.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,220.00 to [the landlord] immediately.

Reasons

The landlord attended the hearing with a support person. A Mandarin interpreter assisted her.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment out of the bond following the end of the tenancy.
The tenancy was terminated on 30 June 2023 by Tribunal order. 1

How much is owed for rent?

The tenancy was termination on 30 June 2023. However, the Tribunal ordered the tenant having abandoned the premises was required to pay rent to only 31 May 2023.
The landlord provided a rent summary which proved the amount owing is as set out in the table above.
The house was left in such a bad condition (as will be discussed below) that it took about four weeks for it to be cleaned, tidied, and repaired to a tenantable condition. The weekly rent was $800.00 per week. The landlord seeks compensation of $1,000.00 for lost rent.
The claim for lost rent is proven. The amount sought is reasonable.
An order for $1,000.00 is made.

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. 2
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The landlord had a project manager organise the cleaning, lawn and garden work, pest control, lock replacements, and repairs for a global figure of $,7000.00.
The landlord submitted photographs, and her friend gave evidence which satisfies me that the cleaning, lawn and garden work, pest control, and lock replacements were done and paid for. 1 [Landlord] v Jahlia Eynon [2023] NZTT 4594649. 2 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v).

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. 3
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. 4
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. 5
During the tenancy the outside of the house was graffitied on two levels, four window were broken, a downpipe was pulled off the wall, a bathroom sink was cracked through, two electrical socket switches were broken, a door frame was severely scratched, several doors were damaged, the showerhead was missing, there were four holes in the gib board walls, and the toilet seat had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
After discussing the landlord’s quote/invoice for $7,000.00 for all the work at the premises to bring it back to a tenantable condition, I am satisfied that the global figure is fair. The amount charged is considerable discounted and it is fair to award the full amount. Any betterment or depreciation would be less than the discount the landlord achieved by taking the cost-effective approach she did. Filing fee
The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in her claim. 3 RTA, ss 40(2)(a), 41 and 49B. 4 RTA, s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Bond
The bond is to be paid to the landlord. Non-publication
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
The landlord applies for non-publication of her name and identifying particulars. I do not consider that publication is in the public interest or justified by the landlord’s conduct or any other circumstances.
It follows, the Tribunal orders non-publication.

Tenancy Tribunal case 4669449 — Rent arrears

At a glance

Tenancy Tribunal case 4669449 — 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