What was the outcome of Tenancy Tribunal case 4734109?

The tribunal order states: John Paul Jones must pay Harmony Property Management Limited $735.44

How much money was awarded in case 4734109?

Cleaning: $185.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $1,900.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord

What type of tenancy dispute was case 4734109?

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

Where can I read the official tribunal order for case 4734109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9896284-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734109?

The tribunal order states: John Paul Jones must pay Harmony Property Management Limited $735.44

How much money was awarded in case 4734109?

Cleaning: $185.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $1,900.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord

What type of tenancy dispute was case 4734109?

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

Where can I read the official tribunal order for case 4734109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9896284-Tenancy_Tribunal_Order.pdf.

268A Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992 Tenancy Tribunal Case 4734109 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4734109 — net $735.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,900.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$185.00	Cleaning
Rubbish removal	$60.00	Rubbish removal
Window repairs	$150.00	Window repairs
Lawns and Garden work	$300.00	Lawns and Garden work
Repairs	$80.00	Repairs
Net award	$735.44
Total payable by Tenant to Landlord	$735.44

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

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 18 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1900.00.

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 nor attend to the lawns.

The landlord provided invoices and photos that supported the claims for rubbish removal ($60), cleaning ($185.00), lawns ($300.00).

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: a. A window was broken and replaced at a cost of $150.00, and b. A hole in a wall was made. The cost to repair the hole was $80.00.

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

The amounts ordered are proved via photos and invoices.

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.

Because Harmony Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4734109 — net $735.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,900.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$185.00	Cleaning
Rubbish removal	$60.00	Rubbish removal
Window repairs	$150.00	Window repairs
Lawns and Garden work	$300.00	Lawns and Garden work
Repairs	$80.00	Repairs
Net award	$735.44
Total payable by Tenant to Landlord	$735.44

Order

John Paul Jones must pay Harmony Property Management Limited $735.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (3426083-004) to Harmony Property Management Limited immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
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 18 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1900.00.

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 nor attend to the lawns.
The landlord provided invoices and photos that supported the claims for rubbish removal ($60), cleaning ($185.00), lawns ($300.00).
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: a. A window was broken and replaced at a cost of $150.00, and b. A hole in a wall was made. The cost to repair the hole was $80.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved via photos and invoices.
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.
Because Harmony Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4734109 — Rent arrears at 268A Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992

At a glance

Tenancy Tribunal case 4734109 — Rent arrears at 268A Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992

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

Property management

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

Property management

Frequently asked questions