What was Tenancy Tribunal case 4733850 about?

The tribunal order states: Lester Miles Kino and Nora Aroha Kesha must pay [The landlord/s] $3,568.52

How much money was awarded in case 4733850?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4733850?

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

Where can I read the official tribunal order for case 4733850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017381-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4733850 about?

The tribunal order states: Lester Miles Kino and Nora Aroha Kesha must pay [The landlord/s] $3,568.52

How much money was awarded in case 4733850?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4733850?

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

Where can I read the official tribunal order for case 4733850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017381-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4733850 — Rent arrears

Order

Lester Miles Kino and Nora Aroha Kesha must pay [The landlord/s] $3,568.52 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 17 October 2023$2,158.58 Repairs: walls and doors$460.00 Window repairs$345.00 Carpet Cleaning$184.00 Cleaning and rubbish removal$1,380.00 Repairs: bedroom floor$345.00 Replace/repair curtains$230.00 Lock/key replacement$563.50 Pest control$230.00 Replace smoke alarms$92.00 Filing fee reimbursement$20.44 Total award$6,008.52 Bond-$2,440.00 Total payable by Tenant to Landlord$3,568.52
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties 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 17 October 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.
Having seen the photographs provided by the landlord and heard the evidence, I am satisfied that 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 landlord had to replace the smoke alarms which were missing at the end of the tenancy.
As part of the cleaning costs, the landlord was required to undertake professional flea treatment. Taking into account the duration of the tenancy, the landlord’s evidence that there were no issues with fleas at the start of the tenancy and taking into account the general condition of the house at the end of the tenancy, I am satisfied the tenant is liable for these costs.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: a. Holes in the walls and doors - bedrooms b. Window repairs - bathroom c. Staining and odours in the carpet throughout the house. d. Damage to the bedroom floor e. Damage to curtains and curtain railings throughout the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4733850 — Rent arrears

Tenancy Tribunal case 4733850 — Rent arrears

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?

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?