What was Tenancy Tribunal case 4688130 about?

The tribunal order states: Andrea Hughes must pay [The landlord/s] $3,903.74 immediately, calculated as

How much money was awarded in case 4688130?

Cleaning: $160.00 awarded to landlord; Cleaning: $175.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Missing Chattels (Excess: $500.00 awarded to landlord; Rent Arrears: $1,403.30 awarded to landlord; Garage Door (Excess: $500.00 awarded to landlord; Gates, Door Bolts: $315.00 awarded to landlord; Walls, Doors (4 X Excess: $2,000.00 awarded to landlord; Rubbish Removal: $790.00 awarded to landlord

What type of tenancy dispute was case 4688130?

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

Where can I read the official tribunal order for case 4688130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9786197-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4688130 about?

The tribunal order states: Andrea Hughes must pay [The landlord/s] $3,903.74 immediately, calculated as

How much money was awarded in case 4688130?

Cleaning: $160.00 awarded to landlord; Cleaning: $175.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Missing Chattels (Excess: $500.00 awarded to landlord; Rent Arrears: $1,403.30 awarded to landlord; Garage Door (Excess: $500.00 awarded to landlord; Gates, Door Bolts: $315.00 awarded to landlord; Walls, Doors (4 X Excess: $2,000.00 awarded to landlord; Rubbish Removal: $790.00 awarded to landlord

What type of tenancy dispute was case 4688130?

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

Where can I read the official tribunal order for case 4688130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9786197-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4688130 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4688130 — net $3,903.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears loss (after insurance	$1,403.30	Rent arrears loss (after insurance
Cleaning	$160.00	Cleaning
Oven/stove cleaning	$175.00	Oven/stove cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Rubbish removal	$790.00	Rubbish removal
Repairs: garage door (excess	$500.00	Repairs: garage door (excess
Missing chattels (excess	$500.00	Missing chattels (excess
Repairs: walls, doors (4 x excess	$2,000.00	Repairs: walls, doors (4 x excess
Repairs: gates, door bolts	$315.00	Repairs: gates, door bolts
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,903.74
Total payable by Tenant to Landlord	$3,903.74

A representative for the landlord attended the hearing by video link today. The tenant did not attend and an attempt to contact her by telephone was not successful. I continued in her absence as she has been served by email to an email address used by her during the tenancy.

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 was due to end on 13 November 2023 as the landlord gave the tenant 90 days’ notice for the purpose of selling the property.

The landlord then applied to the Tribunal on 18 September 2023 for termination of the tenancy on the grounds of rent arrears. The agent discovered the premises abandoned on 19 October 2023 and regained possession that day.

The tenant is liable for rent until 13 November 2023 as she did not give notice to end the tenancy earlier.

The landlord’s rent ledger proves that rent arrears up to 13 November 2023 are $6,403.30. The landlord has received compensation of $5,000.00 for lost rent from its insurer. The loss to the landlord is $1,403.30 and I award this amount to be paid by the tenant.

Did the tenant comply with their obligations at the end of the tenancy?

A tenant has a legal obligation to 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 (RTA).

The photographs provided and taken on 24 October 2023 establish that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Personal belongings (including kitchen items) and clothing were left throughout the house and outside. The tenant did not return the keys.

The landlord seeks compensation for lawns and garden work. After comparing the entry and exit photos, I award 50% of the amount claimed. The cobbled areas and side paths were not weed-free at the start of the tenancy and maintenance of these is more of a landlord responsibility.

The following chattels were missing at the end of the tenancy: a wall heater, wall clock, mirror, shower slide, and several curtains and rails.

Invoices were provided for all amounts awarded. I award the insurance excess of $500.00 for a claim to replace the missing chattels.

The agent advises that the cost to replace keys and locks was covered by the insurer as part of a claim to repair the garage door and replace remotes.

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.

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.

After considering the evidence, I am satisfied that the following damage was caused during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. a. The garage door opening mechanism had been forced and required repair. I award the excess of $500.00 on this claim. b. Outside gates and two indoor door bolts were damaged or missing and required repair and replacement. I award the invoiced costs of $315.00. c. The insurer accepted a claim to repair internal walls and doors and repaint in eight rooms. The evidence satisfies me that the damage in four of the rooms was more than wear and tear and that the tenant is liable. I award a total of $2,000.00 being four amounts of the excess charged to the landlord. The damage is:- i. large nail holes and a drawing on the wall in the lounge, ii. a hole in the wall in bedroom 1, iii. two puttied holes in a door and holes from where the wall heater had been taken in bedroom 2, and iv. excessive scuffs and marks on walls in bedroom 3.

The landlord has been substantially successful so I award the filing fee and suppress its name.

The bond is refunded in full to the landlord.

The balance is payable by the tenant.

Claims and awards in Tenancy Tribunal application 4688130 — net $3,903.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears loss (after insurance	$1,403.30	Rent arrears loss (after insurance
Cleaning	$160.00	Cleaning
Oven/stove cleaning	$175.00	Oven/stove cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Rubbish removal	$790.00	Rubbish removal
Repairs: garage door (excess	$500.00	Repairs: garage door (excess
Missing chattels (excess	$500.00	Missing chattels (excess
Repairs: walls, doors (4 x excess	$2,000.00	Repairs: walls, doors (4 x excess
Repairs: gates, door bolts	$315.00	Repairs: gates, door bolts
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,903.74
Total payable by Tenant to Landlord	$3,903.74

Order

Andrea Hughes must pay [The landlord/s] $3,903.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

A representative for the landlord attended the hearing by video link today. The tenant did not attend and an attempt to contact her by telephone was not successful. I continued in her absence as she has been served by email to an email address used by her during the tenancy.
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 was due to end on 13 November 2023 as the landlord gave the tenant 90 days’ notice for the purpose of selling the property.
The landlord then applied to the Tribunal on 18 September 2023 for termination of the tenancy on the grounds of rent arrears. The agent discovered the premises abandoned on 19 October 2023 and regained possession that day.
The tenant is liable for rent until 13 November 2023 as she did not give notice to end the tenancy earlier.
The landlord’s rent ledger proves that rent arrears up to 13 November 2023 are $6,403.30. The landlord has received compensation of $5,000.00 for lost rent from its insurer. The loss to the landlord is $1,403.30 and I award this amount to be paid by the tenant.

Did the tenant comply with their obligations at the end of the tenancy?

A tenant has a legal obligation to 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 (RTA).
The photographs provided and taken on 24 October 2023 establish that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Personal belongings (including kitchen items) and clothing were left throughout the house and outside. The tenant did not return the keys.
The landlord seeks compensation for lawns and garden work. After comparing the entry and exit photos, I award 50% of the amount claimed. The cobbled areas and side paths were not weed-free at the start of the tenancy and maintenance of these is more of a landlord responsibility.
The following chattels were missing at the end of the tenancy: a wall heater, wall clock, mirror, shower slide, and several curtains and rails.
Invoices were provided for all amounts awarded. I award the insurance excess of $500.00 for a claim to replace the missing chattels.
The agent advises that the cost to replace keys and locks was covered by the insurer as part of a claim to repair the garage door and replace remotes.

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.
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.
After considering the evidence, I am satisfied that the following damage was caused during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. a. The garage door opening mechanism had been forced and required repair. I award the excess of $500.00 on this claim. b. Outside gates and two indoor door bolts were damaged or missing and required repair and replacement. I award the invoiced costs of $315.00. c. The insurer accepted a claim to repair internal walls and doors and repaint in eight rooms. The evidence satisfies me that the damage in four of the rooms was more than wear and tear and that the tenant is liable. I award a total of $2,000.00 being four amounts of the excess charged to the landlord. The damage is:- i. large nail holes and a drawing on the wall in the lounge, ii. a hole in the wall in bedroom 1, iii. two puttied holes in a door and holes from where the wall heater had been taken in bedroom 2, and iv. excessive scuffs and marks on walls in bedroom 3.
The landlord has been substantially successful so I award the filing fee and suppress its name.
The bond is refunded in full to the landlord.
The balance is payable by the tenant.

Tenancy Tribunal case 4688130 — Property damage

At a glance

Tenancy Tribunal case 4688130 — Property damage

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