What was the outcome of Tenancy Tribunal case 4695669?

The tribunal order states: Mark Campbell Burnett must pay Purple Properties Limited - As Agent For Phil

How much money was awarded in case 4695669?

Cleaning: $90.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $18.00 awarded to landlord; Property Damage: $167.48 awarded to landlord; Rent Arrears: $515.71 awarded to landlord

What type of tenancy dispute was case 4695669?

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

Where can I read the official tribunal order for case 4695669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820537-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695669?

The tribunal order states: Mark Campbell Burnett must pay Purple Properties Limited - As Agent For Phil

How much money was awarded in case 4695669?

Cleaning: $90.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $18.00 awarded to landlord; Property Damage: $167.48 awarded to landlord; Rent Arrears: $515.71 awarded to landlord

What type of tenancy dispute was case 4695669?

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

Where can I read the official tribunal order for case 4695669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820537-Tenancy_Tribunal_Order.pdf.

Room 5, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges Tenancy Tribunal Case 4695669 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4695669 — net $51.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$515.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$167.48	Window repairs
Lock/key replacement: Key replacement	$18.00	Lock/key replacement: Key replacement
Cleaning	$90.00	Cleaning
Net award	$51.63
Total payable by Tenant to Landlord	$51.63

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

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

How much is owed for rent?

The tenancy ended on 17 September 2023. The landlord has provided records which prove the amount of rent owing to the end of the tenancy. Having sighted the rent ledger provided I am satisfied that the tenant is responsible for this debt.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.

The tenant did not return the keys.

The landlord provided inspection photographs and invoices in support of the cleaning and key replacement claims. I am satisfied that the tenant did not leave the room reasonably clean and tidy and did not return the key.

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 49B, 66K(2)(a), and 66L 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 landlord says that the tenant was locked out of his room and smashed a window to gain entry. The landlord says that the tenant does not dispute this claim.

Having sighted the invoice dated 17 May 2023 from Retro Master I am satisfied that the tenant should meet the cost of this repair claim.

The amount ordered is proved.

Because Purple Properties Limited - As Agent For Phil Mitchell has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4695669 — net $51.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$515.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$167.48	Window repairs
Lock/key replacement: Key replacement	$18.00	Lock/key replacement: Key replacement
Cleaning	$90.00	Cleaning
Net award	$51.63
Total payable by Tenant to Landlord	$51.63

Order

Mark Campbell Burnett must pay Purple Properties Limited - As Agent For Phil Mitchell $51.63 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $760.00 (6258750-003) to Purple Properties Limited - As Agent For Phil Mitchell immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 17 September 2023. The landlord has provided records which prove the amount of rent owing to the end of the tenancy. Having sighted the rent ledger provided I am satisfied that the tenant is responsible for this debt.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
The tenant did not return the keys.
The landlord provided inspection photographs and invoices in support of the cleaning and key replacement claims. I am satisfied that the tenant did not leave the room reasonably clean and tidy and did not return the key.
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 49B, 66K(2)(a), and 66L 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 landlord says that the tenant was locked out of his room and smashed a window to gain entry. The landlord says that the tenant does not dispute this claim.
Having sighted the invoice dated 17 May 2023 from Retro Master I am satisfied that the tenant should meet the cost of this repair claim.
The amount ordered is proved.
Because Purple Properties Limited - As Agent For Phil Mitchell has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4695669 — Rent arrears at Room 5, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges

At a glance

Tenancy Tribunal case 4695669 — Rent arrears at Room 5, 9 Mitchell Avenue, Maryhill, Dunedin 9011, Inges

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