What was Tenancy Tribunal case 4696913 about?

The tribunal order states: Lata Iniuui Opeti must pay [The landlord/s] $5,981.10 immediately, calculated

How much money was awarded in case 4696913?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $2,914.29 awarded to landlord; Wallpaper: $150.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $896.37 awarded to landlord

What type of tenancy dispute was case 4696913?

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

Where can I read the official tribunal order for case 4696913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751200-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4696913 about?

The tribunal order states: Lata Iniuui Opeti must pay [The landlord/s] $5,981.10 immediately, calculated

How much money was awarded in case 4696913?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $280.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $2,914.29 awarded to landlord; Wallpaper: $150.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $896.37 awarded to landlord

What type of tenancy dispute was case 4696913?

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

Where can I read the official tribunal order for case 4696913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751200-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4696913 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4696913 — net $5,981.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,914.29	Rent arrears
Water rates	$896.37	Water rates
Lock/key replacement	$280.00	Lock/key replacement
Cleaning	$200.00	hotos suggest that 5 hours work would be required. The tenant is ordered to pay $200.00 for cleaning.
Lawns and Garden work	$120.00	hours. I have allowed $40.00 per hour for 3 hours.
Repairs	$400.00	Repairs
Repairs: Wallpaper	$150.00	Repairs: Wallpaper
Rubbish removal	$1,000.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,981.10
Total payable by Tenant to Landlord	$5,981.10

The landlord attended this remote teleconference hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord applications for termination of the tenancy were dismissed as the tenancy has already ended. No claim was made by the landlord for release of the bond.

How much is owed for rent and water rates?

The tenancy ended on 2 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,914.29 for rent and $896.37 for water rates.

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 - See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Despite the failure by the tenant to attend the hearing, the landlord is still required to prove their claims to the satisfaction of the Tribunal to the usual civil standard, the balance of probabilities.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that the interior and exterior of the premises were in very poor condition.

Invoices were provided by the landlord for work carried out by the landlord.

The landlord claimed $400.00 for cleaning and said that the work carried out took between four and five hours. I have allowed an hourly rate of $40.00 for cleaning and the photos suggest that 5 hours work would be required. The tenant is ordered to pay $200.00 for cleaning.

The landlord claimed $250.00 for lawnmowing. The photos show that the lawns were both quite large and that the grass was very long. The landlord said that the work took two to three hours. I have allowed $40.00 per hour for 3 hours. The tenant is ordered to pay $120.00.

The landlord claimed $1.800.00 for rubbish removal. The claim includes use of the landlord’s truck and transfer station fees. The photos show a large amount of rubbish. The landlord said that it took four to five trips to the dump. Taking into account the use of the landlord truck, transfer fees and the time this would have taken, I consider $1,000.00 to be a reasonable charge. The tenant is ordered to pay $1,000.00.

The tenant did not return the keys. The landlord has claimed $280.00 for lock replacement. The charge is reasonable.

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. The landlord was not insured for tenant damage.

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 and the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Damage to four doors. The door handles had been removed and there are holes in the doors where they appear to have been kicked or punched. The claim for repairs is $780.00. The claim appears excessive when compared with the work required. I consider $400.00 to be reasonable for the work required. Wallpaper has been torn off the wall in the lounge. The claim is for $210.00. The landlord said that the work took two hours. I consider that a reasonable claim for this work is $150.00.

The amounts ordered are proved.

As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4696913 — net $5,981.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,914.29	Rent arrears
Water rates	$896.37	Water rates
Lock/key replacement	$280.00	Lock/key replacement
Cleaning	$200.00	hotos suggest that 5 hours work would be required. The tenant is ordered to pay $200.00 for cleaning.
Lawns and Garden work	$120.00	hours. I have allowed $40.00 per hour for 3 hours.
Repairs	$400.00	Repairs
Repairs: Wallpaper	$150.00	Repairs: Wallpaper
Rubbish removal	$1,000.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,981.10
Total payable by Tenant to Landlord	$5,981.10

Order

Lata Iniuui Opeti must pay [The landlord/s] $5,981.10 immediately, calculated as shown in table below.
All other applications are dismissed.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord applications for termination of the tenancy were dismissed as the tenancy has already ended. No claim was made by the landlord for release of the bond.

How much is owed for rent and water rates?

The tenancy ended on 2 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,914.29 for rent and $896.37 for water rates.

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 - See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
Despite the failure by the tenant to attend the hearing, the landlord is still required to prove their claims to the satisfaction of the Tribunal to the usual civil standard, the balance of probabilities.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing that the interior and exterior of the premises were in very poor condition.
Invoices were provided by the landlord for work carried out by the landlord.
The landlord claimed $400.00 for cleaning and said that the work carried out took between four and five hours. I have allowed an hourly rate of $40.00 for cleaning and the photos suggest that 5 hours work would be required. The tenant is ordered to pay $200.00 for cleaning.
The landlord claimed $250.00 for lawnmowing. The photos show that the lawns were both quite large and that the grass was very long. The landlord said that the work took two to three hours. I have allowed $40.00 per hour for 3 hours. The tenant is ordered to pay $120.00.
The landlord claimed $1.800.00 for rubbish removal. The claim includes use of the landlord’s truck and transfer station fees. The photos show a large amount of rubbish. The landlord said that it took four to five trips to the dump. Taking into account the use of the landlord truck, transfer fees and the time this would have taken, I consider $1,000.00 to be a reasonable charge. The tenant is ordered to pay $1,000.00.
The tenant did not return the keys. The landlord has claimed $280.00 for lock replacement. The charge is reasonable.
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. The landlord was not insured for tenant damage.
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 and the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Damage to four doors. The door handles had been removed and there are holes in the doors where they appear to have been kicked or punched. The claim for repairs is $780.00. The claim appears excessive when compared with the work required. I consider $400.00 to be reasonable for the work required. Wallpaper has been torn off the wall in the lounge. The claim is for $210.00. The landlord said that the work took two hours. I consider that a reasonable claim for this work is $150.00.
The amounts ordered are proved.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4696913 — Rent arrears

At a glance

Tenancy Tribunal case 4696913 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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