What was Tenancy Tribunal case 4687469 about?

The tribunal order states: The Tribunal orders suppression of the Tenant/Landlord name and identifying

How much money was awarded in case 4687469?

Cleaning: $598.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $299.00 awarded to landlord; Rent Arrears: $2,914.29 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord; Water Rates: $415.97 awarded to landlord

What type of tenancy dispute was case 4687469?

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

Where can I read the official tribunal order for case 4687469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10032149-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4687469 about?

The tribunal order states: The Tribunal orders suppression of the Tenant/Landlord name and identifying

How much money was awarded in case 4687469?

Cleaning: $598.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $299.00 awarded to landlord; Rent Arrears: $2,914.29 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord; Water Rates: $415.97 awarded to landlord

What type of tenancy dispute was case 4687469?

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

Where can I read the official tribunal order for case 4687469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10032149-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4687469 — Rent arrears

Claims and awards in Tenancy Tribunal application 4687469 — net $2,459.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24.8.23	$2,914.29	Rent arrears to 24.8.23
Water rates	$415.97	Water rates
Cleaning	$598.00	Cleaning
Rubbish removal	$437.00	Rubbish removal
Lawns and garden work	$207.00	Lawns and garden work
Window repairs	$287.50	Window repairs
Repairs to back door & locks	$299.00	Repairs to back door & locks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,459.20
Total payable by Tenant to Landlord	$2,459.20

Order

The Tribunal orders suppression of the Tenant/Landlord name and identifying details in accordance with section 95A(1A) of the Residential Tenancies Act 1986.
[The tenant/s] must pay [The landlord/s] $2,459.20 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application (4714629) is dismissed.

Reasons

Only the landlord, represented by [The landlord’s representative/s], attended the hearing via teleconference. While notified, the tenant did not attend, and the hearing proceeded in her absence. Background
This tenancy began on 5 April 2023 and was for a fixed term, due to end on 3 April 2024. The rent was $680.00 per week and a bond of $2,720.00 was paid.
The tenant, being the sole tenant under this agreement, wished to end the tenancy before the end of the fixed term following family violence. She completed a Family Violence Withdrawal Notice on 27 July 2023. A further form was completed on 22 August 2023 and was delivered to the landlord on this day. Attached was a letter dated 21 August 2023 from Victim Support concerning the family harm incident and the need for the tenant to relocate for her safety and the safety of her children.
The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. This is application number 4687469.
The tenant filed a cross application (4714629) seeking the refund of her bond. Withdrawal from the tenancy following family violence
A tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence). This applies to both fixed-term and periodic tenancy agreements. See section 56B of the Residential Tenancies Act 1986 (the RTA).
If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates (section 56B(2) of the RTA).
A tenant who is withdrawing from the tenancy following family violence will no longer be responsible for rent under the tenancy once the notice period ends (which must be a minimum of two days). Tenants are subject to their tenancy obligations until the last day of the withdrawal notice period. They can leave right away for safety but will need to pay rent until the end of the notice period. Landlord’s application: 4687469

How much is owed for rent and water rates?

The landlord considers that the tenancy continued until they found a new tenant and therefore ended on 7 September 2023. This is the day before the start of the new tenancy. The landlord seeks rent up to this date.
However, applying the relevant provisions in the RTA concerning the withdrawal from the tenancy following family violence, the tenancy would effectively end after the two day notice period. In this case the landlord confirms receiving the notice of withdrawal on 22 August 2023. This was in the approved form and was accompanied by the qualifying evidence of family violence. Therefore, the tenancy came to an end on 24 August 2023, and the landlord can seek rent up to this date. With reference to the landlord’s rent summary, the amount of rent due up to 24 August 2023 is calculated to be $2,914.29, as noted above.
The landlord has provided water rates invoices which prove the amount owing for water charges 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) of the RTA.
The landlord seeks cleaning, rubbish removal and gardening costs. The landlord’s evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There is documentary and photographic evidence of the condition of the premises, and invoices for the costs being claimed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the premises. To be successful, 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 careless, and occurs after 27 August 2019, section 49B of the RTA applies.
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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and the tenancy agreement shows the insurance excess is $650.00. The rent for this premises is $680.00 per week.
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) of the 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.
From the landlord’s evidence I am satisfied that the following damage was caused during the tenancy: • Damage to the back door frame and locks • Window damage The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. Other expenses incurred by the landlord
The landlord has also sought other expenses which are stated to be reasonably incurred. The amount claimed is $1,321.37 and is based on an invoice titled “Account of expenses reasonably incurred by the landlord/property manager” related to consent to an early termination of a fixed term tenancy. This account of expenses refers to section 44A of the RTA. It lists costs such as advertising, background and credit checking, viewings for prospective tenants, applications and reference screening, and completion of the tenancy agreement.
Section 44A of the RTA provides for the recovery of expenses incurred by the landlord and states: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
Section 44A allows a landlord to recover expenses reasonably incurred in specific situations set out in section 44A(1). This includes where the landlord consents to termination of the tenancy in accordance with 50(1)(d).
Section 50 of the RTA describes the circumstances in which tenancies are terminated and is set out below: 50 Circumstances in which tenancies are terminated (1) Subject in the case of a subtenancy to section 57, no tenancy to which this Act applies shall terminate or be terminated otherwise than as follows: (a) in the case of a fixed-term tenancy, on the expiry of the term of the tenancy or, if any of sections 55AA, 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B apply, by giving notice in accordance with the applicable section: (ab) on the death of a sole tenant under a tenancy agreement or a sole tenant under a boarding house tenancy agreement, in accordance with section 50A or 66W, as the case requires: (ac) by the sole tenant under a fixed-term tenancy or periodic tenancy giving notice of withdrawal under section 56B: (b) in the case of a periodic tenancy to which a right of termination under any of sections 51 to 53B, 55AA, 56A(1), 58(1)(c), and 59 to 59B applies, by giving notice in accordance with the applicable section: (ba) in the case of a boarding house tenancy to which a right of termination under any of sections 52 to 53A, 58(1)(c), 59 to 59B, 66U, 66V, and 66X applies, by giving notice in accordance with the applicable section: (c) where the tenant acquires the landlord’s interest in the premises: (d) where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent: (e) by disclaimer, by any person having lawful power to disclaim: (f) by order of the Tribunal pursuant to the powers conferred on it by this Act.
Section 50(1)(d) relates to the surrender or delivery of vacant possession of the premises by the tenant, to the landlord, with the landlord’s written consent. Section 50(1)(ac) applies where the sole tenant gives notice of withdrawal following family violence.
In this case while it is a fixed term tenancy which ended early, the tenancy ended by operation of the law, under section 56B of the RTA, rather than following the landlord’s written consent. The termination of this tenancy is covered in Section 50(1)(ac), since this tenancy was terminated by the sole tenant under a fixed term tenancy giving notice of withdrawal under section 56B. Therefore, as the termination of this tenancy was not in accordance with section 50(1)(d), the landlord will be unable to recover these additional expenses.
Accordingly, the landlord’s claim for these other expenses is dismissed. Tenant’s application: 4714629
The tenant did not appear at the hearing to pursue her claim and therefore, this application is dismissed. Filing fee
Because the landlord has been substantially successful with its application, the tenant is to pay the landlord’s filing fee. Name suppression
Section 95A(1A) of the RTA states that the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published. Therefore, suppression of the parties’ names and identifying details is ordered in accordance with this provision.

Claims and awards in Tenancy Tribunal application 4687469 — net $2,459.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24.8.23	$2,914.29	Rent arrears to 24.8.23
Water rates	$415.97	Water rates
Cleaning	$598.00	Cleaning
Rubbish removal	$437.00	Rubbish removal
Lawns and garden work	$207.00	Lawns and garden work
Window repairs	$287.50	Window repairs
Repairs to back door & locks	$299.00	Repairs to back door & locks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,459.20
Total payable by Tenant to Landlord	$2,459.20

Order

The Tribunal orders suppression of the Tenant/Landlord name and identifying details in accordance with section 95A(1A) of the Residential Tenancies Act 1986.
[The tenant/s] must pay [The landlord/s] $2,459.20 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application (4714629) is dismissed.

Reasons

Only the landlord, represented by [The landlord’s representative/s], attended the hearing via teleconference. While notified, the tenant did not attend, and the hearing proceeded in her absence. Background
This tenancy began on 5 April 2023 and was for a fixed term, due to end on 3 April 2024. The rent was $680.00 per week and a bond of $2,720.00 was paid.
The tenant, being the sole tenant under this agreement, wished to end the tenancy before the end of the fixed term following family violence. She completed a Family Violence Withdrawal Notice on 27 July 2023. A further form was completed on 22 August 2023 and was delivered to the landlord on this day. Attached was a letter dated 21 August 2023 from Victim Support concerning the family harm incident and the need for the tenant to relocate for her safety and the safety of her children.
The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. This is application number 4687469.
The tenant filed a cross application (4714629) seeking the refund of her bond. Withdrawal from the tenancy following family violence
A tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence). This applies to both fixed-term and periodic tenancy agreements. See section 56B of the Residential Tenancies Act 1986 (the RTA).
If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates (section 56B(2) of the RTA).
A tenant who is withdrawing from the tenancy following family violence will no longer be responsible for rent under the tenancy once the notice period ends (which must be a minimum of two days). Tenants are subject to their tenancy obligations until the last day of the withdrawal notice period. They can leave right away for safety but will need to pay rent until the end of the notice period. Landlord’s application: 4687469

How much is owed for rent and water rates?

The landlord considers that the tenancy continued until they found a new tenant and therefore ended on 7 September 2023. This is the day before the start of the new tenancy. The landlord seeks rent up to this date.
However, applying the relevant provisions in the RTA concerning the withdrawal from the tenancy following family violence, the tenancy would effectively end after the two day notice period. In this case the landlord confirms receiving the notice of withdrawal on 22 August 2023. This was in the approved form and was accompanied by the qualifying evidence of family violence. Therefore, the tenancy came to an end on 24 August 2023, and the landlord can seek rent up to this date. With reference to the landlord’s rent summary, the amount of rent due up to 24 August 2023 is calculated to be $2,914.29, as noted above.
The landlord has provided water rates invoices which prove the amount owing for water charges 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) of the RTA.
The landlord seeks cleaning, rubbish removal and gardening costs. The landlord’s evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There is documentary and photographic evidence of the condition of the premises, and invoices for the costs being claimed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the premises. To be successful, 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 careless, and occurs after 27 August 2019, section 49B of the RTA applies.
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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and the tenancy agreement shows the insurance excess is $650.00. The rent for this premises is $680.00 per week.
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) of the 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.
From the landlord’s evidence I am satisfied that the following damage was caused during the tenancy: • Damage to the back door frame and locks • Window damage The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. Other expenses incurred by the landlord
The landlord has also sought other expenses which are stated to be reasonably incurred. The amount claimed is $1,321.37 and is based on an invoice titled “Account of expenses reasonably incurred by the landlord/property manager” related to consent to an early termination of a fixed term tenancy. This account of expenses refers to section 44A of the RTA. It lists costs such as advertising, background and credit checking, viewings for prospective tenants, applications and reference screening, and completion of the tenancy agreement.
Section 44A of the RTA provides for the recovery of expenses incurred by the landlord and states: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
Section 44A allows a landlord to recover expenses reasonably incurred in specific situations set out in section 44A(1). This includes where the landlord consents to termination of the tenancy in accordance with 50(1)(d).
Section 50 of the RTA describes the circumstances in which tenancies are terminated and is set out below: 50 Circumstances in which tenancies are terminated (1) Subject in the case of a subtenancy to section 57, no tenancy to which this Act applies shall terminate or be terminated otherwise than as follows: (a) in the case of a fixed-term tenancy, on the expiry of the term of the tenancy or, if any of sections 55AA, 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B apply, by giving notice in accordance with the applicable section: (ab) on the death of a sole tenant under a tenancy agreement or a sole tenant under a boarding house tenancy agreement, in accordance with section 50A or 66W, as the case requires: (ac) by the sole tenant under a fixed-term tenancy or periodic tenancy giving notice of withdrawal under section 56B: (b) in the case of a periodic tenancy to which a right of termination under any of sections 51 to 53B, 55AA, 56A(1), 58(1)(c), and 59 to 59B applies, by giving notice in accordance with the applicable section: (ba) in the case of a boarding house tenancy to which a right of termination under any of sections 52 to 53A, 58(1)(c), 59 to 59B, 66U, 66V, and 66X applies, by giving notice in accordance with the applicable section: (c) where the tenant acquires the landlord’s interest in the premises: (d) where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent: (e) by disclaimer, by any person having lawful power to disclaim: (f) by order of the Tribunal pursuant to the powers conferred on it by this Act.
Section 50(1)(d) relates to the surrender or delivery of vacant possession of the premises by the tenant, to the landlord, with the landlord’s written consent. Section 50(1)(ac) applies where the sole tenant gives notice of withdrawal following family violence.
In this case while it is a fixed term tenancy which ended early, the tenancy ended by operation of the law, under section 56B of the RTA, rather than following the landlord’s written consent. The termination of this tenancy is covered in Section 50(1)(ac), since this tenancy was terminated by the sole tenant under a fixed term tenancy giving notice of withdrawal under section 56B. Therefore, as the termination of this tenancy was not in accordance with section 50(1)(d), the landlord will be unable to recover these additional expenses.
Accordingly, the landlord’s claim for these other expenses is dismissed. Tenant’s application: 4714629
The tenant did not appear at the hearing to pursue her claim and therefore, this application is dismissed. Filing fee
Because the landlord has been substantially successful with its application, the tenant is to pay the landlord’s filing fee. Name suppression
Section 95A(1A) of the RTA states that the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published. Therefore, suppression of the parties’ names and identifying details is ordered in accordance with this provision.

Tenancy Tribunal case 4687469 — Rent arrears

At a glance

Tenancy Tribunal case 4687469 — Rent arrears

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