What was Tenancy Tribunal case 4716290 about?

The tribunal order states: Robert Lee Curtis must pay [The landlord/s] $9,439.90 immediately, calculated

How much money was awarded in case 4716290?

Cleaning: $150.00 awarded to landlord; Property Damage: $151.80 awarded to landlord; Property Damage: $170.20 awarded to landlord; Rent Arrears: $8,067.00 awarded to landlord; Floor – Resanding: $650.90 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord

What type of tenancy dispute was case 4716290?

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

Where can I read the official tribunal order for case 4716290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9830150-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4716290 about?

The tribunal order states: Robert Lee Curtis must pay [The landlord/s] $9,439.90 immediately, calculated

How much money was awarded in case 4716290?

Cleaning: $150.00 awarded to landlord; Property Damage: $151.80 awarded to landlord; Property Damage: $170.20 awarded to landlord; Rent Arrears: $8,067.00 awarded to landlord; Floor – Resanding: $650.90 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord

What type of tenancy dispute was case 4716290?

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

Where can I read the official tribunal order for case 4716290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9830150-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4716290 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4716290 — net $9,439.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,067.00	Rent arrears
Carpet cleaning	$150.00	Carpet cleaning
Cleaning and rubbish removal	$850.00	Cleaning and rubbish removal
Window repairs	$151.80	Window repairs
Repairs: Floor – resanding	$650.90	Repairs: Floor – resanding
Lock/key replacement	$170.20	Lock/key replacement
Net award	$9,439.90
Total payable by Tenant to Landlord	$9,439.90

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

A previous tenant had left the tenancy before the rent arrears and events leading to the compensation claims arose.

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 ended on 4 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 premises reasonably clean and tidy, and did not remove all rubbish ($850.00). The carpet required cleaning ($150.00). The landlord provided photos and invoices in support of the related claims and these amounts are awarded.

The tenant did not return all keys. This was resolved at a cost of $170.20.

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.

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:

Broken window. A window in a bedroom was broken during the tenancy. The tenant had committed to paying for it but this never occurred. The replacement costs of $151.80 is awarded.

Dining area floor damage. A series of circular “scars” on the wooden floor were found at the end of the tenancy. These required sanding out to remove. The cost of $650.90 is awarded. This sum includes the material and labour costs as evidence in the invoice.

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

The amounts ordered are proved. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4716290 — net $9,439.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,067.00	Rent arrears
Carpet cleaning	$150.00	Carpet cleaning
Cleaning and rubbish removal	$850.00	Cleaning and rubbish removal
Window repairs	$151.80	Window repairs
Repairs: Floor – resanding	$650.90	Repairs: Floor – resanding
Lock/key replacement	$170.20	Lock/key replacement
Net award	$9,439.90
Total payable by Tenant to Landlord	$9,439.90

Order

Robert Lee Curtis must pay [The landlord/s] $9,439.90 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
A previous tenant had left the tenancy before the rent arrears and events leading to the compensation claims arose.
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 ended on 4 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 premises reasonably clean and tidy, and did not remove all rubbish ($850.00). The carpet required cleaning ($150.00). The landlord provided photos and invoices in support of the related claims and these amounts are awarded.
The tenant did not return all keys. This was resolved at a cost of $170.20.
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.
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:
Broken window. A window in a bedroom was broken during the tenancy. The tenant had committed to paying for it but this never occurred. The replacement costs of $151.80 is awarded.
Dining area floor damage. A series of circular “scars” on the wooden floor were found at the end of the tenancy. These required sanding out to remove. The cost of $650.90 is awarded. This sum includes the material and labour costs as evidence in the invoice.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4716290 — Rent arrears

At a glance

Tenancy Tribunal case 4716290 — 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