What was Tenancy Tribunal case 4740219 about?

The tribunal order states: Jared Roberst must pay [The landlord/s] $3,264.59 immediately, calculated as

How much money was awarded in case 4740219?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $209.52 awarded to landlord; Property Damage: $328.00 awarded to landlord; Property Damage: $506.00 awarded to landlord; Rent Arrears: $2,847.14 awarded to landlord; Rubbish Removal: $995.00 awarded to landlord

What type of tenancy dispute was case 4740219?

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

Where can I read the official tribunal order for case 4740219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10087824-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4740219 about?

The tribunal order states: Jared Roberst must pay [The landlord/s] $3,264.59 immediately, calculated as

How much money was awarded in case 4740219?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $209.52 awarded to landlord; Property Damage: $328.00 awarded to landlord; Property Damage: $506.00 awarded to landlord; Rent Arrears: $2,847.14 awarded to landlord; Rubbish Removal: $995.00 awarded to landlord

What type of tenancy dispute was case 4740219?

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

Where can I read the official tribunal order for case 4740219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10087824-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4740219 — Rent arrears

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New Zealand Tenancy Tribunal Case 4740219 — 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 4740219 — net $3,264.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$2,847.14	Rent arrears as of end of tenancy
Deck repair	$209.52	Deck repair
Stove replacement	$328.00	Stove replacement
Cleaning, gardens and rubbish removal	$995.00	Cleaning, gardens and rubbish removal
Door repair and lock replacement	$506.00	Door repair and lock replacement
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
Net award	$3,264.59
Total payable by Tenant to Landlord	$3,264.59

Claims and awards for application 4740219 — net $3,264.59 NZD. Verify on MoJ.

Rent arrears as of end of tenancy

Amount: $2,847.14
Awarded to: Landlord
Reason: Rent arrears as of end of tenancy

Deck repair

Amount: $209.52
Awarded to: Landlord
Reason: Deck repair

Stove replacement

Amount: $328.00
Awarded to: Landlord
Reason: Stove replacement

Cleaning, gardens and rubbish removal

Amount: $995.00
Awarded to: Landlord
Reason: Cleaning, gardens and rubbish removal

Door repair and lock replacement

Amount: $506.00
Awarded to: Landlord
Reason: Door repair and lock replacement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jared Roberst must pay [The landlord/s] $3,264.59 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,661.94 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

DescriptionLandlord Rent arrears as of end of tenancy$2,847.14 Deck repair$209.52 Stove replacement$328.00 Cleaning, gardens and rubbish removal$995.00 Door repair and lock replacement$506.00 Filing fee reimbursement$20.44 Filing fee reimbursement$20.44 Total award$4,926.53 Minus bond- $1,661.94 Total payable by Tenant to Landlord$3,264.59

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement has been provided. This records that the tenancy commenced on 20 July 2023, and the sole tenant is Jared Roberst.
The tenancy was terminated following the tenant failing to comply with a conditional termination order in relation to rent arrears from an earlier mediation. Possession returned to the landlord on 3 October 2023.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $2,847.14, being rent arrears as of 3 October 2023.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
In this case I am satisfied that that premises were not cleaned to a reasonable standard, and further there was rubbish left on the premises. Work was necessary both inside and outside the tenancy. The claim is reasonable given the work that would be necessary. The full cleaning, gardening and rubbish removal claim is ordered.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case the landlord has claimed compensation for three areas of damage.
Firstly the evidence is that the front door has been damaged. The lock was damaged and it appears the door has been screwed shut. I cannot see how that could be fair wear and tear, the tenant has not proven the damage is anything other than careless or intentional damage. The tenant is liable for the full door replacement charges .
Secondly there is the cook top. It is a ceramic type cook top. The photograph shows the cooktop is broken (it has a hole in it). Again this would not be fair wear and tear. The tenant has not proved the damage is anything other than careless or intentional damage. This claim is established. However I need to apply a depreciation to the cook top. Given the likely age of the item, I consider making an order the tenant pay 50% of the replacement cost would be fair.
Thirdly there is a hole in the deck. It appears to be from a fire. This would not be fair wear and tear, and the tenant has not proven it was not careless or intentional damage. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in his application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
I also order the filing fee paid for the earlier mediation from which the conditional termination order was made.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression. The landlord has been wholly successful, so landlord name suppression is ordered.

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 4740219 — net $3,264.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of end of tenancy	$2,847.14	Rent arrears as of end of tenancy
Deck repair	$209.52	Deck repair
Stove replacement	$328.00	Stove replacement
Cleaning, gardens and rubbish removal	$995.00	Cleaning, gardens and rubbish removal
Door repair and lock replacement	$506.00	Door repair and lock replacement
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
Net award	$3,264.59
Total payable by Tenant to Landlord	$3,264.59

Claims and awards for application 4740219 — net $3,264.59 NZD. Verify on MoJ.

Rent arrears as of end of tenancy

Amount: $2,847.14
Awarded to: Landlord
Reason: Rent arrears as of end of tenancy

Deck repair

Amount: $209.52
Awarded to: Landlord
Reason: Deck repair

Stove replacement

Amount: $328.00
Awarded to: Landlord
Reason: Stove replacement

Cleaning, gardens and rubbish removal

Amount: $995.00
Awarded to: Landlord
Reason: Cleaning, gardens and rubbish removal

Door repair and lock replacement

Amount: $506.00
Awarded to: Landlord
Reason: Door repair and lock replacement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jared Roberst must pay [The landlord/s] $3,264.59 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,661.94 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement has been provided. This records that the tenancy commenced on 20 July 2023, and the sole tenant is Jared Roberst.
The tenancy was terminated following the tenant failing to comply with a conditional termination order in relation to rent arrears from an earlier mediation. Possession returned to the landlord on 3 October 2023.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears of $2,847.14, being rent arrears as of 3 October 2023.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
In this case I am satisfied that that premises were not cleaned to a reasonable standard, and further there was rubbish left on the premises. Work was necessary both inside and outside the tenancy. The claim is reasonable given the work that would be necessary. The full cleaning, gardening and rubbish removal claim is ordered.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
In this case the landlord has claimed compensation for three areas of damage.
Firstly the evidence is that the front door has been damaged. The lock was damaged and it appears the door has been screwed shut. I cannot see how that could be fair wear and tear, the tenant has not proven the damage is anything other than careless or intentional damage. The tenant is liable for the full door replacement charges .
Secondly there is the cook top. It is a ceramic type cook top. The photograph shows the cooktop is broken (it has a hole in it). Again this would not be fair wear and tear. The tenant has not proved the damage is anything other than careless or intentional damage. This claim is established. However I need to apply a depreciation to the cook top. Given the likely age of the item, I consider making an order the tenant pay 50% of the replacement cost would be fair.
Thirdly there is a hole in the deck. It appears to be from a fire. This would not be fair wear and tear, and the tenant has not proven it was not careless or intentional damage. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in his application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.
I also order the filing fee paid for the earlier mediation from which the conditional termination order was made.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression. The landlord has been wholly successful, so landlord name suppression is ordered.

Tenancy Tribunal case 4740219 — Rent arrears

At a glance

Tenancy Tribunal case 4740219 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions