What was Tenancy Tribunal case 4693642 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $14,155.71 immediately, calculated as

How much money was awarded in case 4693642?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $595.00 awarded to landlord; Removal Of Sofa: $245.00 awarded to landlord; Rent Arrears: $15,545.71 awarded to landlord; Water Rates: $2,680.66 awarded to landlord

What type of tenancy dispute was case 4693642?

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

Where can I read the official tribunal order for case 4693642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755548-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4693642 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $14,155.71 immediately, calculated as

How much money was awarded in case 4693642?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $595.00 awarded to landlord; Removal Of Sofa: $245.00 awarded to landlord; Rent Arrears: $15,545.71 awarded to landlord; Water Rates: $2,680.66 awarded to landlord

What type of tenancy dispute was case 4693642?

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

Where can I read the official tribunal order for case 4693642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755548-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4693642 — Rent arrears

Claims and awards in Tenancy Tribunal application 4693642 — net $18,161.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.23	$15,545.71	Rent arrears to 19.9.23
Water rates	$2,680.66	Water rates
Lock/key replacement	$345.00	Lock/key replacement
Cleaning	$120.00	Cleaning
Repairs to walls and door	$595.00	Repairs to walls and door
Removal of sofa	$245.00	Removal of sofa
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,161.81
Total payable by Tenant to Landlord	$18,161.81

Order

[The tenant/s] must pay [The landlord/s] $14,155.71 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

Only the landlord, represented by [The landlord/s representative], attended the hearing. There was no appearance by the tenants. As the tenants had been notified, the hearing proceeded in their absence.
This tenancy began on 18 May 2020 and ended on 19 September 2023, following an order of the Tribunal terminating the tenancy and granting possession to the landlord.
In this application the landlord has applied for rent arrears, water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water charges?

The tenancy ended on 19 September 2023. The landlord provided rent records which show that the tenants were substantially in arrears. The landlord has explained the difficult situation that the tenants were in. Because the tenants were dealing with challenging family circumstances, the landlord, being sympathetic to their situation, allowed them to continue living in the premises, despite being well behind in rent. The last rent payment was made on 6 July 2023. The landlord has confirmed in evidence that the rent summary provided with the application is true and accurate. The amount owing at the end of the tenancy has been established.
The tenants also owed substantial water charges, not having paid for water since the start of the tenancy. The landlord has explained how the water charges were calculated, noting that the tenants were only charged for consumption, and not fixed charges. The method of calculation has also been explained, and.is based on there being one main water meter and a separate meter for the premises at the back. The Watercare invoices have been provided, and the landlord confirms that the tenants were given copies of these invoices, and the amounts payable, when due for payment. The amount owing for water at the end of the tenancy has been established and is awarded above.

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 Residential Tenancies Act 1986 (the RTA).
The landlord claims the cost of cleaning, removal of a sofa left behind by the tenants, and replacement of the locks and keys. The landlord has provided photographic evidence, an inspection report, and relevant invoices. The evidence shows that some further cleaning was required, and the tenants had left behind a sofa that had to be removed. The landlord also had to change the locks and keys before re-letting the premises.
The amounts ordered are proved.
The landlord also sought lawnmowing costs for the period June 2020 to February 2022. However, as explained at the hearing, in the absence of evidence to show that the tenants agreed to pay for the lawnmowing arranged by the landlord, this cost is declined.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise. In this case the amended provisions will apply, as the damage was discovered after August 2019.
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. In this case the landlord has insurance, and the excess is $550.00 The rent for the premises is $510.00.
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.
From the photographic, oral and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to the walls in the entrance • Damage to the storage door
The above damage is more than fair wear and tear, and the tenants have 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 tenants 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. Filing fee and name suppression
As the landlord is successful, the tenants are to pay the landlord’s filing fee.
The landlord seeks name suppression for both parties and has explained the circumstances. Being the successful party, the landlord is entitled to name suppression. While noting that the tenants are the unsuccessful party, and, having had regard to the public interest, due to the individual circumstances in this case, I find that the tenants’ interests outweigh the public interest in them being identified. Therefore, name suppression is also granted for the tenants.

Claims and awards in Tenancy Tribunal application 4693642 — net $18,161.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.23	$15,545.71	Rent arrears to 19.9.23
Water rates	$2,680.66	Water rates
Lock/key replacement	$345.00	Lock/key replacement
Cleaning	$120.00	Cleaning
Repairs to walls and door	$595.00	Repairs to walls and door
Removal of sofa	$245.00	Removal of sofa
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,161.81
Total payable by Tenant to Landlord	$18,161.81

Order

[The tenant/s] must pay [The landlord/s] $14,155.71 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

Only the landlord, represented by [The landlord/s representative], attended the hearing. There was no appearance by the tenants. As the tenants had been notified, the hearing proceeded in their absence.
This tenancy began on 18 May 2020 and ended on 19 September 2023, following an order of the Tribunal terminating the tenancy and granting possession to the landlord.
In this application the landlord has applied for rent arrears, water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water charges?

The tenancy ended on 19 September 2023. The landlord provided rent records which show that the tenants were substantially in arrears. The landlord has explained the difficult situation that the tenants were in. Because the tenants were dealing with challenging family circumstances, the landlord, being sympathetic to their situation, allowed them to continue living in the premises, despite being well behind in rent. The last rent payment was made on 6 July 2023. The landlord has confirmed in evidence that the rent summary provided with the application is true and accurate. The amount owing at the end of the tenancy has been established.
The tenants also owed substantial water charges, not having paid for water since the start of the tenancy. The landlord has explained how the water charges were calculated, noting that the tenants were only charged for consumption, and not fixed charges. The method of calculation has also been explained, and.is based on there being one main water meter and a separate meter for the premises at the back. The Watercare invoices have been provided, and the landlord confirms that the tenants were given copies of these invoices, and the amounts payable, when due for payment. The amount owing for water at the end of the tenancy has been established and is awarded above.

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 Residential Tenancies Act 1986 (the RTA).
The landlord claims the cost of cleaning, removal of a sofa left behind by the tenants, and replacement of the locks and keys. The landlord has provided photographic evidence, an inspection report, and relevant invoices. The evidence shows that some further cleaning was required, and the tenants had left behind a sofa that had to be removed. The landlord also had to change the locks and keys before re-letting the premises.
The amounts ordered are proved.
The landlord also sought lawnmowing costs for the period June 2020 to February 2022. However, as explained at the hearing, in the absence of evidence to show that the tenants agreed to pay for the lawnmowing arranged by the landlord, this cost is declined.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise. In this case the amended provisions will apply, as the damage was discovered after August 2019.
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. In this case the landlord has insurance, and the excess is $550.00 The rent for the premises is $510.00.
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.
From the photographic, oral and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: • Damage to the walls in the entrance • Damage to the storage door
The above damage is more than fair wear and tear, and the tenants have 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 tenants 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. Filing fee and name suppression
As the landlord is successful, the tenants are to pay the landlord’s filing fee.
The landlord seeks name suppression for both parties and has explained the circumstances. Being the successful party, the landlord is entitled to name suppression. While noting that the tenants are the unsuccessful party, and, having had regard to the public interest, due to the individual circumstances in this case, I find that the tenants’ interests outweigh the public interest in them being identified. Therefore, name suppression is also granted for the tenants.

Tenancy Tribunal case 4693642 — Rent arrears

At a glance

Tenancy Tribunal case 4693642 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water charges?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water charges?

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