How much money was awarded in case 4746172?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,966.61 awarded to landlord; Rent Arrears: $6,760.00 awarded to landlord; Replace Door: $167.45 awarded to landlord; Replace Furnishings: Depreciated 66: $115.20 awarded to landlord; Rubbish Removal: $4,387.43 awarded to landlord

What type of tenancy dispute was case 4746172?

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

Where can I read the official tribunal order for case 4746172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061457-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4746172?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,966.61 awarded to landlord; Rent Arrears: $6,760.00 awarded to landlord; Replace Door: $167.45 awarded to landlord; Replace Furnishings: Depreciated 66: $115.20 awarded to landlord; Rubbish Removal: $4,387.43 awarded to landlord

What type of tenancy dispute was case 4746172?

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

Where can I read the official tribunal order for case 4746172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10061457-Tenancy_Tribunal_Order.pdf.

10 Whakatiki Street, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4746172 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4746172?

The tribunal order states: Kieran Nelson and Candice Nelson must pay Ray Simpson Real Estate Limited

Order

Claims and awards in Tenancy Tribunal application 4746172 — net $11,657.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of the tenancy	$6,760.00	Rent arrears to the end of the tenancy
Replace door	$167.45	Replace door
Replace furnishings: depreciated 66	$115.20	Replace furnishings: depreciated 66
Carpet replacement depreciated 66	$1,966.61	Carpet replacement depreciated 66
Cleaning and rubbish removal	$4,387.43	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$11,657.13
Total payable by Tenant to Landlord	$11,657.13

Kieran Nelson and Candice Nelson must pay Ray Simpson Real Estate Limited As Agent For Vanny & Sovann Muong $11,657.13 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,760.00 (5098346-007) to Ray Simpson Real Estate Limited As Agent For Vanny & Sovann Muong immediately. DescriptionLandlord Rent arrears to the end of the tenancy$6,760.00 Replace door$167.45 Replace furnishings: depreciated 66%$115.20 Carpet replacement depreciated 66%$1,966.61 Cleaning and rubbish removal$4,387.43 Filing fee reimbursement$20.44 Total award$13,417.13 Bond$1,760.00 Total payable by Tenant to Landlord$11,657.13

Reasons

Only the 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. Rent arrears.

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. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy. There was a substantial amount of rubbish left at the property requiring and cleaning required. The landlord paid for 7 days work by a tradesman.

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 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.

I am satisfied that the damage claimed is mainly intentional damage. The carpet had to be replaced because of urine throughout the house. Curtains and a door had to be replaced.

I am required to take 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 carpet and curtains at the start of the tenancy and their likely useful lifespan. The carpet was about eleven and a half years old. I am satisfied that apart from the damage done by the tenant the carpet could have lasted for 18 years. I have similarly depreciated the curtains by 66 %. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

The tenants did not appear but Candice Nelson requested name suppression prior to the hearing.

Name suppression is granted for a tenant where the tenant has substantially succeeded with the claim. The tenants have completely failed to defend the landlord’s claim and therefore the tenant’s request for name suppression is not granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Claims and awards in Tenancy Tribunal application 4746172 — net $11,657.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of the tenancy	$6,760.00	Rent arrears to the end of the tenancy
Replace door	$167.45	Replace door
Replace furnishings: depreciated 66	$115.20	Replace furnishings: depreciated 66
Carpet replacement depreciated 66	$1,966.61	Carpet replacement depreciated 66
Cleaning and rubbish removal	$4,387.43	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$11,657.13
Total payable by Tenant to Landlord	$11,657.13

Order

Kieran Nelson and Candice Nelson must pay Ray Simpson Real Estate Limited As Agent For Vanny & Sovann Muong $11,657.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,760.00 (5098346-007) to Ray Simpson Real Estate Limited As Agent For Vanny & Sovann Muong immediately. DescriptionLandlord Rent arrears to the end of the tenancy$6,760.00 Replace door$167.45 Replace furnishings: depreciated 66%$115.20 Carpet replacement depreciated 66%$1,966.61 Cleaning and rubbish removal$4,387.43 Filing fee reimbursement$20.44 Total award$13,417.13 Bond$1,760.00 Total payable by Tenant to Landlord$11,657.13

Reasons

Only the 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. Rent arrears.
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. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. There was a substantial amount of rubbish left at the property requiring and cleaning required. The landlord paid for 7 days work by a tradesman.
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 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.
I am satisfied that the damage claimed is mainly intentional damage. The carpet had to be replaced because of urine throughout the house. Curtains and a door had to be replaced.
I am required to take 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 carpet and curtains at the start of the tenancy and their likely useful lifespan. The carpet was about eleven and a half years old. I am satisfied that apart from the damage done by the tenant the carpet could have lasted for 18 years. I have similarly depreciated the curtains by 66 %. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
The tenants did not appear but Candice Nelson requested name suppression prior to the hearing.
Name suppression is granted for a tenant where the tenant has substantially succeeded with the claim. The tenants have completely failed to defend the landlord’s claim and therefore the tenant’s request for name suppression is not granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4746172 — Rent arrears at 10 Whakatiki Street, Trentham, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4746172 — Rent arrears at 10 Whakatiki Street, Trentham, Upper Hutt 5018

At a glance

Award balance

Claims & awards

Order

Reasons

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

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