What was Tenancy Tribunal case 4683589 about?

The tribunal order states: Talia Nicola Woods must pay [The landlord/s] $7,310.44 immediately, calculated

How much money was awarded in case 4683589?

Cleaning: $240.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,200.00 awarded to landlord; Sliding Doors: $200.00 awarded to landlord; Wall: $200.00 awarded to landlord; Walls In Lounge: $250.00 awarded to landlord

What type of tenancy dispute was case 4683589?

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

Where can I read the official tribunal order for case 4683589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9895986-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4683589 about?

The tribunal order states: Talia Nicola Woods must pay [The landlord/s] $7,310.44 immediately, calculated

How much money was awarded in case 4683589?

Cleaning: $240.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,200.00 awarded to landlord; Sliding Doors: $200.00 awarded to landlord; Wall: $200.00 awarded to landlord; Walls In Lounge: $250.00 awarded to landlord

What type of tenancy dispute was case 4683589?

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

Where can I read the official tribunal order for case 4683589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9895986-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4683589 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4683589 — net $7,310.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,200.00	Rent arrears
Carpet Cleaning	$240.00	Carpet Cleaning
Repairs: sliding doors	$200.00	Repairs: sliding doors
Repairs: Walls in lounge	$250.00	Repairs: Walls in lounge
Repairs: Wall	$200.00	Repairs: Wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,310.44
Total payable by Tenant to Landlord	$7,310.44

This matter was first convened in November 2023 as a prehearing case conference. Both parties attended and the landlords’ issues to be determined were identified. The tenant indicated that she wished to file across application and her claims were also identified and recorded.

The landlord attended the hearing. The tenant did not appear. As at the date of the hearing the tenant has not contacted the Tribunal, has not filed a cross application or applied for an adjournment. The hearing continued in their absence.

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 tenancy began on 13 October 2021 for a fixed term to 12 October 2022.The tenancy was renewed for further fixed term ending on the 13 October 2023.

The tenant contacted the landlord on 8 March 2023 asking to end the fixed term tenancy by giving two weeks written notice. A fixed term tenancy cannot be terminated by written notice.

The tenant moved out of the premises and a new tenancy began on 14 October 2023. The landlord sought rent arrears to this date and provided rent records which proved the amount owing at the date the fixed term tenancy ended. This amount is awarded as claimed.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy. The carpet, that was new during the tenancy, had a large stain on it. This required professional treatment and the invoice is awarded as claimed.

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) A sliding door was broken off its hinges. b) A large hole in a bedroom wall, c) Holes in a wall

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photographs were provided of these damages, and I find that they are deliberate.

The amounts ordered are proved.

I have taken 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 items at the start of the tenancy and their likely useful lifespan.

The landlords claim for damages to windows, bathroom wall, shower rose, and wall heaters are dismissed due to lack of evidence.

Section 95A RTA states regarding suppression orders that 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.

I award name suppression for the landlord and for the removal of any identifying particulars.

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

Claims and awards in Tenancy Tribunal application 4683589 — net $7,310.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,200.00	Rent arrears
Carpet Cleaning	$240.00	Carpet Cleaning
Repairs: sliding doors	$200.00	Repairs: sliding doors
Repairs: Walls in lounge	$250.00	Repairs: Walls in lounge
Repairs: Wall	$200.00	Repairs: Wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,310.44
Total payable by Tenant to Landlord	$7,310.44

Order

Talia Nicola Woods must pay [The landlord/s] $7,310.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

This matter was first convened in November 2023 as a prehearing case conference. Both parties attended and the landlords’ issues to be determined were identified. The tenant indicated that she wished to file across application and her claims were also identified and recorded.
The landlord attended the hearing. The tenant did not appear. As at the date of the hearing the tenant has not contacted the Tribunal, has not filed a cross application or applied for an adjournment. The hearing continued in their absence.
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 tenancy began on 13 October 2021 for a fixed term to 12 October 2022.The tenancy was renewed for further fixed term ending on the 13 October 2023.
The tenant contacted the landlord on 8 March 2023 asking to end the fixed term tenancy by giving two weeks written notice. A fixed term tenancy cannot be terminated by written notice.
The tenant moved out of the premises and a new tenancy began on 14 October 2023. The landlord sought rent arrears to this date and provided rent records which proved the amount owing at the date the fixed term tenancy ended. This amount is awarded as claimed.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. The carpet, that was new during the tenancy, had a large stain on it. This required professional treatment and the invoice is awarded as claimed.

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) A sliding door was broken off its hinges. b) A large hole in a bedroom wall, c) Holes in a wall
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photographs were provided of these damages, and I find that they are deliberate.
The amounts ordered are proved.
I have taken 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 items at the start of the tenancy and their likely useful lifespan.
The landlords claim for damages to windows, bathroom wall, shower rose, and wall heaters are dismissed due to lack of evidence.
Section 95A RTA states regarding suppression orders that 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.
I award name suppression for the landlord and for the removal of any identifying particulars.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4683589 — Rent arrears

At a glance

Tenancy Tribunal case 4683589 — 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