What was Tenancy Tribunal case 4699211 about?

The tribunal order states: Charles Makiteiaa must pay [The landlord/s] $2,609.34 immediately, calculated

How much money was awarded in case 4699211?

Cleaning: $385.25 awarded to landlord; Electricity: $317.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $258.75 awarded to landlord; Pest Control: $356.99 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $700.00 awarded to landlord; Rubbish Removal: $1,400.70 awarded to landlord; Water Rates: $158.33 awarded to landlord

What type of tenancy dispute was case 4699211?

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

Where can I read the official tribunal order for case 4699211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9875789-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4699211 about?

The tribunal order states: Charles Makiteiaa must pay [The landlord/s] $2,609.34 immediately, calculated

How much money was awarded in case 4699211?

Cleaning: $385.25 awarded to landlord; Electricity: $317.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $258.75 awarded to landlord; Pest Control: $356.99 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Rent Arrears: $700.00 awarded to landlord; Rubbish Removal: $1,400.70 awarded to landlord; Water Rates: $158.33 awarded to landlord

What type of tenancy dispute was case 4699211?

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

Where can I read the official tribunal order for case 4699211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9875789-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4699211 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4699211 — net $2,609.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.8.2023	$700.00	Rent arrears to 16.8.2023
Water rates	$158.33	Water rates
Electricity	$317.44	Electricity
Cleaning	$385.25	Cleaning
Rubbish removal	$1,400.70	Rubbish removal
Lawns and garden work	$258.75	Lawns and garden work
Pest control	$356.99	Pest control
Glass repairs	$161.00	Glass repairs
Repairs to wall	$230.00	Repairs to wall
Filing fee reimbursement: TT order 4637476	$20.44	TT order 4637476
Filing fee reimbursement: current application	$20.44	current application
Net award	$2,609.34
Total payable by Tenant to Landlord	$2,609.34

Only the landlord, represented by [The landlord’s representative/s], attended the hearing. While notified, the tenant did not attend, and the hearing proceeded in his absence.

This tenancy began on 1 April 2021 and ended following an order of the Tribunal dated 10 August 2023 granting possession to the landlord (application 4637476). The landlord has applied for rent arrears, water and power charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water rates and power?

While the Tribunal granted possession to the landlord on 15 August 2023, the landlord has explained that the keys were only returned on 16 August 2023. Rent is sought up to 16 August 2023, and rent records have been provided in support.

Water charges for the period May to August 2023 are claimed. The landlord has produced [Water provider] invoices for the relevant period and has explained that there were separate meters for this and the adjoining premises. A calculation sheet sets out how the tenant’s share was apportioned. The landlord confirms the tenant was given copies of the invoices as they fell due for payment.

In seeking power charges, the landlord states that, for the period April to June 2023, the account was in the name of the owner, although there was a separate meter for each property. A calculation sheet sets out how the tenant’s share was apportioned.

The amounts owed by the tenant at the end of the tenancy for rent, water and power have been established and are awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims the cost of cleaning, rubbish removal, lawnmowing and gardening, and pest control. The landlord has provided photographic evidence, inspection reports, and relevant invoices. The evidence shows that cleaning was required, and the tenants had left belongings, general rubbish and large items, all of which had to be removed. The lawns and garden were untidy, and the landlord had to arrange for pest control due to the infestation of cockroaches.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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. In this case the landlord has insurance, and has advised that the excess is $650.00 The rent for the premises is $350.00 per week.

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) of the 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) of the 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) of the 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.

From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: a. Damage to the glass panel in the door b. Damage to the lounge wall

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

In making the above awards 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. Filing fee

Because the landlord has been successful with this application, the tenant is to pay the landlord’s filing fee.

The tenant is also liable for the filing fee arising from the previous tribunal application (4637476), which remains unpaid. Name suppression

An application for suppression has been made in this case by the landlord. As the landlord has been successful in the proceedings, the Tribunal orders suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4699211 — net $2,609.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.8.2023	$700.00	Rent arrears to 16.8.2023
Water rates	$158.33	Water rates
Electricity	$317.44	Electricity
Cleaning	$385.25	Cleaning
Rubbish removal	$1,400.70	Rubbish removal
Lawns and garden work	$258.75	Lawns and garden work
Pest control	$356.99	Pest control
Glass repairs	$161.00	Glass repairs
Repairs to wall	$230.00	Repairs to wall
Filing fee reimbursement: TT order 4637476	$20.44	TT order 4637476
Filing fee reimbursement: current application	$20.44	current application
Net award	$2,609.34
Total payable by Tenant to Landlord	$2,609.34

Order

Charles Makiteiaa must pay [The landlord/s] $2,609.34 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative/s], attended the hearing. While notified, the tenant did not attend, and the hearing proceeded in his absence.
This tenancy began on 1 April 2021 and ended following an order of the Tribunal dated 10 August 2023 granting possession to the landlord (application 4637476). The landlord has applied for rent arrears, water and power charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water rates and power?

While the Tribunal granted possession to the landlord on 15 August 2023, the landlord has explained that the keys were only returned on 16 August 2023. Rent is sought up to 16 August 2023, and rent records have been provided in support.
Water charges for the period May to August 2023 are claimed. The landlord has produced [Water provider] invoices for the relevant period and has explained that there were separate meters for this and the adjoining premises. A calculation sheet sets out how the tenant’s share was apportioned. The landlord confirms the tenant was given copies of the invoices as they fell due for payment.
In seeking power charges, the landlord states that, for the period April to June 2023, the account was in the name of the owner, although there was a separate meter for each property. A calculation sheet sets out how the tenant’s share was apportioned.
The amounts owed by the tenant at the end of the tenancy for rent, water and power have been established and are awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims the cost of cleaning, rubbish removal, lawnmowing and gardening, and pest control. The landlord has provided photographic evidence, inspection reports, and relevant invoices. The evidence shows that cleaning was required, and the tenants had left belongings, general rubbish and large items, all of which had to be removed. The lawns and garden were untidy, and the landlord had to arrange for pest control due to the infestation of cockroaches.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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. In this case the landlord has insurance, and has advised that the excess is $650.00 The rent for the premises is $350.00 per week.
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) of the 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) of the 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) of the 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.
From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the following damage was caused during the tenancy: a. Damage to the glass panel in the door b. Damage to the lounge wall
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
In making the above awards 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. Filing fee
Because the landlord has been successful with this application, the tenant is to pay the landlord’s filing fee.
The tenant is also liable for the filing fee arising from the previous tribunal application (4637476), which remains unpaid. Name suppression
An application for suppression has been made in this case by the landlord. As the landlord has been successful in the proceedings, the Tribunal orders suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4699211 — Rent arrears

At a glance

Tenancy Tribunal case 4699211 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and power?

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, water rates and power?

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