What was the outcome of Tenancy Tribunal case 4695109?

The tribunal order states: Michael George Harrison must pay Barfoot & Thompson Limited Acting Agent

How much money was awarded in case 4695109?

Cleaning: $379.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lease Break Cost: $689.05 awarded to landlord; Rent Arrears: $3,625.71 awarded to landlord; Replace Curtains: $989.39 awarded to landlord

What type of tenancy dispute was case 4695109?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4695109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10111628-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695109?

The tribunal order states: Michael George Harrison must pay Barfoot & Thompson Limited Acting Agent

How much money was awarded in case 4695109?

Cleaning: $379.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lease Break Cost: $689.05 awarded to landlord; Rent Arrears: $3,625.71 awarded to landlord; Replace Curtains: $989.39 awarded to landlord

What type of tenancy dispute was case 4695109?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4695109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10111628-Tribunal_Order.pdf.

1B De Val Drive, Titirangi, Auckland 0604 Tenancy Tribunal Case 4695109 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4695109 — net $3,544.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2023	$3,625.71	Rent arrears to 31 October 2023
Cleaning	$379.50	Cleaning
Replace curtains	$989.39	Replace curtains
Lease break cost	$689.05	Lease break cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,544.09
Total payable by Tenant to Landlord	$3,544.09

Michael George Harrison must pay Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty $3,544.09 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,160.00 (3476972-004) to Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

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 for a fixed term due to end on 5 January 2024. The tenant asked to be released early from the tenancy and agreed to pay the lease break cost and the rent until a new tenant was secured. The new tenancy began on 1 November 2023.

The landlord seeks rent arrears up to 31 October 2023 being the day before the new tenancy commenced. That is ordered together with the break lease cost.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amount ordered is 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.

The following damage was caused during the tenancy: damaged curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord replaced both the bedroom and lounge curtains but only sought half the amount. The damage was likely due to clawing by a cat.

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.

Because Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4695109 — net $3,544.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2023	$3,625.71	Rent arrears to 31 October 2023
Cleaning	$379.50	Cleaning
Replace curtains	$989.39	Replace curtains
Lease break cost	$689.05	Lease break cost
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,544.09
Total payable by Tenant to Landlord	$3,544.09

Order

Michael George Harrison must pay Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty $3,544.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 (3476972-004) to Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 for a fixed term due to end on 5 January 2024. The tenant asked to be released early from the tenancy and agreed to pay the lease break cost and the rent until a new tenant was secured. The new tenancy began on 1 November 2023.
The landlord seeks rent arrears up to 31 October 2023 being the day before the new tenancy commenced. That is ordered together with the break lease cost.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amount ordered is 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.
The following damage was caused during the tenancy: damaged curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord replaced both the bedroom and lounge curtains but only sought half the amount. The damage was likely due to clawing by a cat.
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.
Because Barfoot & Thompson Limited Acting Agent For Manuka G B Ltd C/- Garth & Bev Chitty has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4695109 — Rent arrears at 1B De Val Drive, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 4695109 — Rent arrears at 1B De Val Drive, Titirangi, Auckland 0604

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