What was the outcome of Tenancy Tribunal case 4724530?

The tribunal order states: Kimberly Jane Kivell and Jason Elias McKenzie must pay Bryan Rhodes

How much money was awarded in case 4724530?

Cleaning: $220.00 awarded to landlord; Cleaning: $535.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $425.50 awarded to landlord; Rent Arrears: $1,725.00 awarded to landlord; Garage Door: $280.00 awarded to landlord; Internal Doors: $779.13 awarded to landlord; Replace Furnishings -Fridge: $700.00 awarded to landlord; Rubbish Removal: $65.10 awarded to landlord

What type of tenancy dispute was case 4724530?

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

Where can I read the official tribunal order for case 4724530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9969782-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4724530?

The tribunal order states: Kimberly Jane Kivell and Jason Elias McKenzie must pay Bryan Rhodes

How much money was awarded in case 4724530?

Cleaning: $220.00 awarded to landlord; Cleaning: $535.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $425.50 awarded to landlord; Rent Arrears: $1,725.00 awarded to landlord; Garage Door: $280.00 awarded to landlord; Internal Doors: $779.13 awarded to landlord; Replace Furnishings -Fridge: $700.00 awarded to landlord; Rubbish Removal: $65.10 awarded to landlord

What type of tenancy dispute was case 4724530?

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

Where can I read the official tribunal order for case 4724530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9969782-Tribunal_Order.pdf.

Unit/Flat 2, 188 Taharepa Road, Tauhara, Taupo 3330 Tenancy Tribunal Case 4724530 — Rent arrears

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Unit/Flat 2, 188 Taharepa Road, Tauhara, Taupo 3330 Tenancy Tribunal Case 4724530 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4724530 — net $3,700.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2023	$1,725.00	Rent arrears to 11/12/2023
Replace furnishings -fridge	$700.00	Replace furnishings -fridge
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal	$65.10	Rubbish removal
Cleaning	$535.00	Cleaning
Lock/key replacement	$425.50	Lock/key replacement
Repairs: Garage door	$280.00	Repairs: Garage door
Repairs: Internal doors	$779.13	Repairs: Internal doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.17
Total payable by Tenant to Landlord	$3,700.17

Claims and awards for application 4724530 — net $3,700.17 NZD. Verify on MoJ.

Rent arrears to 11/12/2023

Amount: $1,725.00
Awarded to: Landlord
Reason: Rent arrears to 11/12/2023

Replace furnishings -fridge

Amount: $700.00
Awarded to: Landlord
Reason: Replace furnishings -fridge

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $65.10
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $535.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kimberly Jane Kivell and Jason Elias McKenzie must pay Bryan Rhodes $3,700.17 immediately, calculated as shown in table below.

Reasons

Only the applicant 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?

The tenancy ended on 11/12/2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Half of the tenants’ bond of $2,100 has been refunded to them, the balance is deducted from the amount ordered as set out in the table.

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, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a fridge provided for the tenants to use was removed at the end of the tenancy.
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.
The following damage was caused during the tenancy: the garage door and several internal doors were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. While the detailed pre inspection report was provided to the tenants and Mr Rhodes did not keep a copy, he has provided photographs taken shortly before the tenancy commenced which establish that the fridge was provided to the tenants and there was no pre-existing damage to the doors.
I have taken into account betterment and depreciation when awarding compensation for the replacement value of the fridge. As it was 5 years old the amount ordered is half of its purchase price. 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.
Because Bryan Rhodes has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4724530 — net $3,700.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2023	$1,725.00	Rent arrears to 11/12/2023
Replace furnishings -fridge	$700.00	Replace furnishings -fridge
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal	$65.10	Rubbish removal
Cleaning	$535.00	Cleaning
Lock/key replacement	$425.50	Lock/key replacement
Repairs: Garage door	$280.00	Repairs: Garage door
Repairs: Internal doors	$779.13	Repairs: Internal doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.17
Total payable by Tenant to Landlord	$3,700.17

Claims and awards for application 4724530 — net $3,700.17 NZD. Verify on MoJ.

Rent arrears to 11/12/2023

Amount: $1,725.00
Awarded to: Landlord
Reason: Rent arrears to 11/12/2023

Replace furnishings -fridge

Amount: $700.00
Awarded to: Landlord
Reason: Replace furnishings -fridge

Carpet Cleaning

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $65.10
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $535.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kimberly Jane Kivell and Jason Elias McKenzie must pay Bryan Rhodes $3,700.17 immediately, calculated as shown in table below.

Reasons

Only the applicant 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?

The tenancy ended on 11/12/2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Half of the tenants’ bond of $2,100 has been refunded to them, the balance is deducted from the amount ordered as set out in the table.

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, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a fridge provided for the tenants to use was removed at the end of the tenancy.
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.
The following damage was caused during the tenancy: the garage door and several internal doors were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. While the detailed pre inspection report was provided to the tenants and Mr Rhodes did not keep a copy, he has provided photographs taken shortly before the tenancy commenced which establish that the fridge was provided to the tenants and there was no pre-existing damage to the doors.
I have taken into account betterment and depreciation when awarding compensation for the replacement value of the fridge. As it was 5 years old the amount ordered is half of its purchase price. 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.
Because Bryan Rhodes has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4724530 — Rent arrears at Unit/Flat 2, 188 Taharepa Road, Tauhara, Taupo 3330

At a glance

Tenancy Tribunal case 4724530 — Rent arrears at Unit/Flat 2, 188 Taharepa Road, Tauhara, Taupo 3330

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