What was Tenancy Tribunal case 4694733 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4694733?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $172.39 awarded to landlord; Rent Arrears: $2,206.43 awarded to landlord; (Holes In Lounge And Kitchen Walls: $500.00 awarded to landlord; Rubbish Removal: $1,161.50 awarded to landlord; Water Rates: $1,475.41 awarded to landlord

What type of tenancy dispute was case 4694733?

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

Where can I read the official tribunal order for case 4694733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9793150-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4694733 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4694733?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Property Damage: $172.39 awarded to landlord; Rent Arrears: $2,206.43 awarded to landlord; (Holes In Lounge And Kitchen Walls: $500.00 awarded to landlord; Rubbish Removal: $1,161.50 awarded to landlord; Water Rates: $1,475.41 awarded to landlord

What type of tenancy dispute was case 4694733?

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

Where can I read the official tribunal order for case 4694733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9793150-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4694733 — Rent arrears

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New Zealand Tenancy Tribunal Case 4694733 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4694733 — net $5,786.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/05/23	$2,206.43	Rent arrears (to 10/05/23
Water rates: (from 17/05/21 to 10/05/23	$1,475.41	11. The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May
Rubbish removal: (extensive removal of household furniture and rubbish from back of garage	$1,161.50	Rubbish removal: (extensive removal of household furniture and rubbish from back of garage
Lock/key replacement	$172.39	Lock/key replacement
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: (holes in lounge and kitchen walls	$500.00	Repairs: (holes in lounge and kitchen walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,786.17
Total payable by Tenant to Landlord	$5,786.17

Claims and awards for application 4694733 — net $5,786.17 NZD. Verify on MoJ.

Rent arrears (to 10/05/23

Amount: $2,206.43
Awarded to: Landlord
Reason: Rent arrears (to 10/05/23

Water rates: (from 17/05/21 to 10/05/23

Amount: $1,475.41
Awarded to: Landlord
Reason: 11. The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May

Rubbish removal: (extensive removal of household furniture and rubbish from back of garage

Amount: $1,161.50
Awarded to: Landlord
Reason: Rubbish removal: (extensive removal of household furniture and rubbish from back of garage

Lock/key replacement

Amount: $172.39
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $250.00
Awarded to

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Isaac Stowers must pay the landlord $5,786.17 immediately, calculated as shown in table below.
The requirement for service is dispensed with.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, vacated damages and reimbursement of the filing fee following the end of the tenancy.

Should the requirement for service be dispensed with?

The application was made more than 2 months after the tenancy ended on 10 May 2023 as the landlord was waiting for remedial work to be completed and a final water invoice to be sent to it. Notice has been served on the tenant’s nominated representative by email and text message to the mobile phone and email address provided by the tenant as addresses for service on the tenancy agreement. These contact details were used throughout the term of the tenancy as contact details for the tenant.
The landlord has tried to contact the tenant, numerous times since the tenancy ended and prior to this hearing, on the mobile phone number provided by the tenant as the address for service contact, he provided in the tenancy agreement. There has been no response.
Sophie Tuifelasai is understood by the landlord to be the partner of Isaac Stowers, the respondent in these proceedings. At all times during the tenancy Mr Stowers was the only named tenant on the tenancy agreement with Ms Tuifelasai being one of a further 4 tenants listed as living at the property. The landlord always confirmed that during the tenancy Ms Tuifelasai was the main contact person for the tenancy and her mobile phone number and email address are provided as the address for service details for the tenancy.
On 12 October 2023, Ms Tuifelasai contacted Tenancy Services and stated that she had been getting text messages and emails about this proceeding, that she was not listed as a tenant, and she wanted her contact details to be removed from the file. This indicates to me that the tenant was aware of the proceedings as his main point of contact and nominated representative throughout the tenancy had clearly received the documents and notice of proceeding.
The landlord has explored whether the tenant can be contacted at the physical address for service on the tenancy agreement at 96 Glenveagh Park Drive but has found that this is a prior address the tenant lived at before 2020 and the current residents do not have any forwarding address for him.
The landlord’s evidence has satisfied me that they have made all reasonable efforts to serve the notice and other documents on the tenant in accordance with this Act. As such, I dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the Residential Tenancies Act 1986 (“the Act”). How much is owed for rent and water rate]?
The tenancy ended on 10 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May 2023. Very little was made by way of payment for this utility during the tenancy.
The rent summary provided showed the tenant owed $2,206.43 of rent arrears at the end of the tenancy and had made no rent payments at all in the last 5 weeks of the tenancy. The tenant was given notice that the tenancy would end two days after any breach of a 16 August 2022 mediators order which provided for repayment of rent arrears by instalments as a condition of the tenancy continuing. I am satisfied that the rent summary proves the amount of rent arrears owing as at 10 May 2023.

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 and yard reasonably clean and tidy, and did not remove all rubbish.
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 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.
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.
During the tenancy the tenant made holes in the lounge and kitchen walls that required filling, sanding, priming, and painting. The 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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing Fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4694733 — net $5,786.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10/05/23	$2,206.43	Rent arrears (to 10/05/23
Water rates: (from 17/05/21 to 10/05/23	$1,475.41	11. The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May
Rubbish removal: (extensive removal of household furniture and rubbish from back of garage	$1,161.50	Rubbish removal: (extensive removal of household furniture and rubbish from back of garage
Lock/key replacement	$172.39	Lock/key replacement
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: (holes in lounge and kitchen walls	$500.00	Repairs: (holes in lounge and kitchen walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,786.17
Total payable by Tenant to Landlord	$5,786.17

Claims and awards for application 4694733 — net $5,786.17 NZD. Verify on MoJ.

Rent arrears (to 10/05/23

Amount: $2,206.43
Awarded to: Landlord
Reason: Rent arrears (to 10/05/23

Water rates: (from 17/05/21 to 10/05/23

Amount: $1,475.41
Awarded to: Landlord
Reason: 11. The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May

Rubbish removal: (extensive removal of household furniture and rubbish from back of garage

Amount: $1,161.50
Awarded to: Landlord
Reason: Rubbish removal: (extensive removal of household furniture and rubbish from back of garage

Lock/key replacement

Amount: $172.39
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $250.00
Awarded to

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Isaac Stowers must pay the landlord $5,786.17 immediately, calculated as shown in table below.
The requirement for service is dispensed with.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, vacated damages and reimbursement of the filing fee following the end of the tenancy.

Should the requirement for service be dispensed with?

The application was made more than 2 months after the tenancy ended on 10 May 2023 as the landlord was waiting for remedial work to be completed and a final water invoice to be sent to it. Notice has been served on the tenant’s nominated representative by email and text message to the mobile phone and email address provided by the tenant as addresses for service on the tenancy agreement. These contact details were used throughout the term of the tenancy as contact details for the tenant.
The landlord has tried to contact the tenant, numerous times since the tenancy ended and prior to this hearing, on the mobile phone number provided by the tenant as the address for service contact, he provided in the tenancy agreement. There has been no response.
Sophie Tuifelasai is understood by the landlord to be the partner of Isaac Stowers, the respondent in these proceedings. At all times during the tenancy Mr Stowers was the only named tenant on the tenancy agreement with Ms Tuifelasai being one of a further 4 tenants listed as living at the property. The landlord always confirmed that during the tenancy Ms Tuifelasai was the main contact person for the tenancy and her mobile phone number and email address are provided as the address for service details for the tenancy.
On 12 October 2023, Ms Tuifelasai contacted Tenancy Services and stated that she had been getting text messages and emails about this proceeding, that she was not listed as a tenant, and she wanted her contact details to be removed from the file. This indicates to me that the tenant was aware of the proceedings as his main point of contact and nominated representative throughout the tenancy had clearly received the documents and notice of proceeding.
The landlord has explored whether the tenant can be contacted at the physical address for service on the tenancy agreement at 96 Glenveagh Park Drive but has found that this is a prior address the tenant lived at before 2020 and the current residents do not have any forwarding address for him.
The landlord’s evidence has satisfied me that they have made all reasonable efforts to serve the notice and other documents on the tenant in accordance with this Act. As such, I dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the Residential Tenancies Act 1986 (“the Act”). How much is owed for rent and water rate]?
The tenancy ended on 10 May 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The records provided to me show the tenant owed $1,475.15 of water rates arrears for the period 17 May 2021 to 10 May 2023. Very little was made by way of payment for this utility during the tenancy.
The rent summary provided showed the tenant owed $2,206.43 of rent arrears at the end of the tenancy and had made no rent payments at all in the last 5 weeks of the tenancy. The tenant was given notice that the tenancy would end two days after any breach of a 16 August 2022 mediators order which provided for repayment of rent arrears by instalments as a condition of the tenancy continuing. I am satisfied that the rent summary proves the amount of rent arrears owing as at 10 May 2023.

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 and yard reasonably clean and tidy, and did not remove all rubbish.
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 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.
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.
During the tenancy the tenant made holes in the lounge and kitchen walls that required filling, sanding, priming, and painting. The 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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing Fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4694733 — Rent arrears

At a glance

Tenancy Tribunal case 4694733 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the requirement for service be dispensed with?

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

Should the requirement for service be dispensed with?

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