What was Tenancy Tribunal case 4701249 about?

The tribunal order states: Anne Leigh Te Whatarangi Rehua and Xamean Rehua must pay [The

How much money was awarded in case 4701249?

Application 4557554 Dated 13/6/23: $20.44 awarded to landlord; Cleaning: $446.12 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $6,375.00 awarded to landlord; Walls and Doors: $1,500.00 awarded to landlord; Rubbish Removal: $189.00 awarded to landlord

What type of tenancy dispute was case 4701249?

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

Where can I read the official tribunal order for case 4701249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679984-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4701249 about?

The tribunal order states: Anne Leigh Te Whatarangi Rehua and Xamean Rehua must pay [The

How much money was awarded in case 4701249?

Application 4557554 Dated 13/6/23: $20.44 awarded to landlord; Cleaning: $446.12 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $6,375.00 awarded to landlord; Walls and Doors: $1,500.00 awarded to landlord; Rubbish Removal: $189.00 awarded to landlord

What type of tenancy dispute was case 4701249?

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

Where can I read the official tribunal order for case 4701249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679984-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4701249 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4701249 — net $6,361.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears including arrears in previous order	$6,375.00		Rent arrears including arrears in previous order
application 4557554 dated 13/6/23	$20.44		application 4557554 dated 13/6/23
Cleaning	$446.12		Cleaning
Rubbish removal	$189.00		Rubbish removal
Lawns and Garden work	$460.00		Lawns and Garden work
Electrical fittings replacement/repair	$350.00		Electrical fittings replacement/repair
Repairs: Holes in walls and doors	$1,500.00		Repairs: Holes in walls and doors
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$3,000.00	Bond refund
Total award	$9,361.00	$3,000.00
Net award	$6,361.00
Total payable by Tenant to Landlord	$6,361.00

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

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 terminated by order of the Tribunal under application 4557554 on 20 June 2023, but the tenants did not vacate the premises until 4 July 2023. The landlord provided rent records 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy (both interior and the exterior grounds) and did not remove all rubbish as shown in photos produced in evidence.

Some of the amounts sought by the landlord exceeded the amounts detailed in their application. Therefore, the Tribunal can only award the amounts claimed. 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 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: Power points were ripped out of the wall in several places and required repair, and there were numerous holes in walls and doors that required repair, as shown in photos produced in evidence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was intentional.

Some of the amounts sought by the landlord for damages exceeded the amounts detailed in their application. Therefore, the Tribunal can only award the amounts claimed. The amounts ordered are proved.

On 13 June 2023 the Tribunal made an order relating to this tenancy, for rent arrears and terminating the tenancy. The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4701249 — net $6,361.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears including arrears in previous order	$6,375.00		Rent arrears including arrears in previous order
application 4557554 dated 13/6/23	$20.44		application 4557554 dated 13/6/23
Cleaning	$446.12		Cleaning
Rubbish removal	$189.00		Rubbish removal
Lawns and Garden work	$460.00		Lawns and Garden work
Electrical fittings replacement/repair	$350.00		Electrical fittings replacement/repair
Repairs: Holes in walls and doors	$1,500.00		Repairs: Holes in walls and doors
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond refund		$3,000.00	Bond refund
Total award	$9,361.00	$3,000.00
Net award	$6,361.00
Total payable by Tenant to Landlord	$6,361.00

Order

Anne Leigh Te Whatarangi Rehua and Xamean Rehua must pay [The landlord/s] $6,361.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 13 June 2023 under application 4557554.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
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 terminated by order of the Tribunal under application 4557554 on 20 June 2023, but the tenants did not vacate the premises until 4 July 2023. The landlord provided rent records 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy (both interior and the exterior grounds) and did not remove all rubbish as shown in photos produced in evidence.
Some of the amounts sought by the landlord exceeded the amounts detailed in their application. Therefore, the Tribunal can only award the amounts claimed. 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 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: Power points were ripped out of the wall in several places and required repair, and there were numerous holes in walls and doors that required repair, as shown in photos produced in evidence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was intentional.
Some of the amounts sought by the landlord for damages exceeded the amounts detailed in their application. Therefore, the Tribunal can only award the amounts claimed. The amounts ordered are proved.
On 13 June 2023 the Tribunal made an order relating to this tenancy, for rent arrears and terminating the tenancy. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4701249 — Rent arrears

At a glance

Tenancy Tribunal case 4701249 — Rent arrears

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

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

Frequently asked questions