What was the outcome of Tenancy Tribunal case 4689689?

The tribunal order states: Brooke Mariae Lewis and James O'Connor must pay Oxygen.Co.NZ Limited As

How much money was awarded in case 4689689?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $339.66 awarded to landlord; Rent Arrears: $5,314.29 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord; Walls and Doors: $139.25 awarded to landlord; Rubbish Removal: $379.51 awarded to landlord; Property Damage: $167.83 awarded to landlord

What type of tenancy dispute was case 4689689?

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

Where can I read the official tribunal order for case 4689689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9627109-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4689689?

The tribunal order states: Brooke Mariae Lewis and James O'Connor must pay Oxygen.Co.NZ Limited As

How much money was awarded in case 4689689?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $339.66 awarded to landlord; Rent Arrears: $5,314.29 awarded to landlord; Rent Arrears: $2,750.00 awarded to landlord; Walls and Doors: $139.25 awarded to landlord; Rubbish Removal: $379.51 awarded to landlord; Property Damage: $167.83 awarded to landlord

What type of tenancy dispute was case 4689689?

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

Where can I read the official tribunal order for case 4689689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9627109-Tenancy_Tribunal_Order.pdf.

68 Tawhai Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4689689 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4689689 — net $6,731.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears/loss of rent from 10.8.23 to 10.10.23	$5,314.29	Rent arrears/loss of rent from 10.8.23 to 10.10.23
Previous order application 4620233 dated 9.8.23 for rent arrears to 9.8.23 of	$2,750.00	Previous order application 4620233 dated 9.8.23 for rent arrears to 9.8.23 of
plus filing fee of	$20.44	plus filing fee of
Cleaning and rubbish removal	$379.51	Cleaning and rubbish removal
Lock/key replacement	$339.66	Lock/key replacement
Repairs: holes/damage in walls and doors	$139.25	Repairs: holes/damage in walls and doors
Window repairs: laundry	$167.83	Window repairs: laundry
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,731.42
Total payable by Tenant to Landlord	$6,731.42

The landlord attended the hearing. There was no appearance by the tenants.

It came to my attention after the hearing that the tenant, Brooke Lewis, contacted Tenancy Services this morning to advise that she was in hospital after an accident and could not attend the hearing. However, she did not request an adjournment and nor did she contact the Court directly as advised by Tenancy Services. The other tenant, James O’Connor, also did not attend the hearing. I am satisfied in those circumstances that it was appropriate for the hearing to proceed.

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

How much is owed for rent?

This was a fixed term tenancy which started on 9 February 2023 and was due to end on 11 February 2024. However, the tenancy was terminated by order of the Tribunal on 9 August 2023 under application 4620233 for rent arrears. Arrears at that date were awarded of $2,750.

Subsequently, the tenants did not vacate the premises until 14 August 2023.

Where a fixed term tenancy terminates because of a tenant breach, as here, the landlord is entitled to rent for the remainder of the fixed term or to the date a new tenancy begins, whichever date occurs first. In that regard, the landlord is not obliged to mitigate their loss, but it is usually in their best interests to do so.

In this case, the landlord found new tenants and their tenancy commenced on 11 October 2023.

Given the above circumstances, the tenants are liable for additional rent owed from 10 August 2023 to 10 October 2023.

The landlord provided rent records which prove the amount owing.

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 (RTA). .

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as shown in the photos produced in evidence.

The tenant did not return the keys.

The amounts ordered are proved.

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: Broken window in laundry (which the tenants accepted during the tenancy and had partially compensated the landlord for, but still owe the balance repair costs); holes and damage to walls and doors in the house. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.

The amounts ordered are proved.

On 9 August 2023, the Tribunal made an order relating to this tenancy, for rent arrears to 9 August 2023 and an order terminating the tenancy. The previous order is incorporated into this order for enforcement purposes.

As the landlord has substantially succeeded with the claims, reimbursement of the filing fee is awarded.

Claims and awards in Tenancy Tribunal application 4689689 — net $6,731.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears/loss of rent from 10.8.23 to 10.10.23	$5,314.29	Rent arrears/loss of rent from 10.8.23 to 10.10.23
Previous order application 4620233 dated 9.8.23 for rent arrears to 9.8.23 of	$2,750.00	Previous order application 4620233 dated 9.8.23 for rent arrears to 9.8.23 of
plus filing fee of	$20.44	plus filing fee of
Cleaning and rubbish removal	$379.51	Cleaning and rubbish removal
Lock/key replacement	$339.66	Lock/key replacement
Repairs: holes/damage in walls and doors	$139.25	Repairs: holes/damage in walls and doors
Window repairs: laundry	$167.83	Window repairs: laundry
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,731.42
Total payable by Tenant to Landlord	$6,731.42

Order

Brooke Mariae Lewis and James O'Connor must pay Oxygen.Co.NZ Limited As Agent For Julie Dawn Investment Limited $6,731.42 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 9 August 2023 under application 4620233.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
It came to my attention after the hearing that the tenant, Brooke Lewis, contacted Tenancy Services this morning to advise that she was in hospital after an accident and could not attend the hearing. However, she did not request an adjournment and nor did she contact the Court directly as advised by Tenancy Services. The other tenant, James O’Connor, also did not attend the hearing. I am satisfied in those circumstances that it was appropriate for the hearing to proceed.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

This was a fixed term tenancy which started on 9 February 2023 and was due to end on 11 February 2024. However, the tenancy was terminated by order of the Tribunal on 9 August 2023 under application 4620233 for rent arrears. Arrears at that date were awarded of $2,750.
Subsequently, the tenants did not vacate the premises until 14 August 2023.
Where a fixed term tenancy terminates because of a tenant breach, as here, the landlord is entitled to rent for the remainder of the fixed term or to the date a new tenancy begins, whichever date occurs first. In that regard, the landlord is not obliged to mitigate their loss, but it is usually in their best interests to do so.
In this case, the landlord found new tenants and their tenancy commenced on 11 October 2023.
Given the above circumstances, the tenants are liable for additional rent owed from 10 August 2023 to 10 October 2023.
The landlord provided rent records which prove the amount owing.

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 (RTA). .
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as shown in the photos produced in evidence.
The tenant did not return the keys.
The amounts ordered are proved.

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: Broken window in laundry (which the tenants accepted during the tenancy and had partially compensated the landlord for, but still owe the balance repair costs); holes and damage to walls and doors in the house. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
The amounts ordered are proved.
On 9 August 2023, the Tribunal made an order relating to this tenancy, for rent arrears to 9 August 2023 and an order terminating the tenancy. The previous order is incorporated into this order for enforcement purposes.
As the landlord has substantially succeeded with the claims, reimbursement of the filing fee is awarded.

Tenancy Tribunal case 4689689 — Rent arrears at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4689689 — Rent arrears at 68 Tawhai Street, Stokes Valley, Lower Hutt 5019

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

Property management

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

Property management

Frequently asked questions