What was Tenancy Tribunal case 4698769 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 4698769?

Cleaning: $230.00 awarded to landlord; Cleaning: $484.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $4,189.02 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $80.37 awarded to landlord

What type of tenancy dispute was case 4698769?

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

Where can I read the official tribunal order for case 4698769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9859788-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4698769 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 4698769?

Cleaning: $230.00 awarded to landlord; Cleaning: $484.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $4,189.02 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $80.37 awarded to landlord

What type of tenancy dispute was case 4698769?

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

Where can I read the official tribunal order for case 4698769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9859788-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4698769 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4698769 — net $5,723.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.9.23	$4,189.02	Rent arrears to 15.9.23
Carpet Cleaning	$230.00	Carpet Cleaning
Water rates	$80.37	Water rates
Cleaning	$484.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$220.00	Repairs
Rubbish removal	$500.00	Rubbish removal
Net award	$5,723.83
Total payable by Tenant to Landlord	$5,723.83

Only the landlord attended 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 and water?

The tenancy ended on 15 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

There were also stains in the carpet which was very smelly throughout the house.

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.

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.

There was a hole in the wall discovered during the tenancy. 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 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.

In making all the foregoing orders I record that it was the landlord’s advice to the tribunal that all sums have been accepted by the tenant.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. I exercise the power to suppression the details of the landlord and premises, as the landlord has succeeded.

Claims and awards in Tenancy Tribunal application 4698769 — net $5,723.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15.9.23	$4,189.02	Rent arrears to 15.9.23
Carpet Cleaning	$230.00	Carpet Cleaning
Water rates	$80.37	Water rates
Cleaning	$484.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$220.00	Repairs
Rubbish removal	$500.00	Rubbish removal
Net award	$5,723.83
Total payable by Tenant to Landlord	$5,723.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tyler Tongaiti Daniels and Britney Anahera Neilson must pay [The landlord/s] $5,723.83 immediately, calculated as shown in table below.

Reasons

Only the landlord attended 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 and water?

The tenancy ended on 15 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 lawns and premises reasonably clean and tidy, and did not remove all rubbish.
There were also stains in the carpet which was very smelly throughout the house.
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.
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.
There was a hole in the wall discovered during the tenancy. 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 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.
In making all the foregoing orders I record that it was the landlord’s advice to the tribunal that all sums have been accepted by the tenant.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. I exercise the power to suppression the details of the landlord and premises, as the landlord has succeeded.

Tenancy Tribunal case 4698769 — Rent arrears

At a glance

Tenancy Tribunal case 4698769 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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