What was Tenancy Tribunal case 4749473 about?

The tribunal order states: Nicole Williams and Desrae Williams must pay [The landlord/s] $2,564.53

How much money was awarded in case 4749473?

Cleaning: $172.50 awarded to landlord; Cleaning: $272.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $83.59 awarded to landlord; Property Damage: $390.60 awarded to landlord; Rent Arrears: $3,166.43 awarded to landlord; garage door and replace missing knob…: $189.57 awarded to landlord; Replace The Glass Recycling Bin: $17.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $162.00 awarded to landlord

What type of tenancy dispute was case 4749473?

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

Where can I read the official tribunal order for case 4749473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10172830-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4749473 about?

The tribunal order states: Nicole Williams and Desrae Williams must pay [The landlord/s] $2,564.53

How much money was awarded in case 4749473?

Cleaning: $172.50 awarded to landlord; Cleaning: $272.40 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $83.59 awarded to landlord; Property Damage: $390.60 awarded to landlord; Rent Arrears: $3,166.43 awarded to landlord; garage door and replace missing knob…: $189.57 awarded to landlord; Replace The Glass Recycling Bin: $17.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $162.00 awarded to landlord

What type of tenancy dispute was case 4749473?

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

Where can I read the official tribunal order for case 4749473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10172830-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4749473 — Rent arrears

Claims and awards in Tenancy Tribunal application 4749473 — net $2,564.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 October 2023	$3,166.43	Rent arrears to 24 October 2023
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Cleaning: and labour to remove rubbish	$272.40	Cleaning: and labour to remove rubbish
Carpet Cleaning	$172.50	Carpet Cleaning
Lock/key replacement: keys for house and garage door	$390.60	Lock/key replacement: keys for house and garage door
Replace the glass recycling bin	$17.00	Replace the glass recycling bin
Repairs: garage door and replace missing knob on kitchen cupboard	$189.57	Repairs: garage door and replace missing knob on kitchen cupboard
issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k	$83.59	issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k
Window repairs: replace cracked glass in window	$162.00	Window repairs: replace cracked glass in window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,564.53
Total payable by Tenant to Landlord	$2,564.53

Claims and awards in Tenancy Tribunal application 4749473 — net $2,564.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 24 October 2023

$3,166.43

Rent arrears to 24 October 2023

Rubbish removal: Skip bin hire

$350.00

Rubbish removal: Skip bin hire

Cleaning: and labour to remove rubbish

$272.40

Cleaning: and labour to remove rubbish

Carpet Cleaning

$172.50

Carpet Cleaning

Lock/key replacement: keys for house and garage door

$390.60

Lock/key replacement: keys for house and garage door

Replace the glass recycling bin

$17.00

Replace the glass recycling bin

Repairs: garage door and replace missing knob on kitchen cupboard

$189.57

Repairs: garage door and replace missing knob on kitchen cupboard

issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k

$83.59

issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k

Window repairs: replace cracked glass in window

$162.00

Window repairs: replace cracked glass in window

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$2,564.53

Total payable by Tenant to Landlord

$2,564.53

Reasons

The landlord attended the hearing but the tenants did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was granted for a fixed term commencing on 10 November 2022 and due to expire on 10 November 2023.

The landlord confirmed that the tenancy started on 14 November 2022, later than shown on the tenancy agreement as the landlord needed to undertake cleaning and other work after the previous tenancy had ended to meet its obligations under the Residential Tenancies Act 1986 (RTA) before this tenancy started.

The tenant fell into rent arrears and advised the landlord on 12 October 2023 that she was struggling to pay rent and would move out by the following Wednesday (18 October). The landlord agreed that the tenancy would end on 8 November 2023.

When parties have agreed to a fixed term tenancy neither party is able to end the tenancy earlier unless the other party agrees. Here, the agreement was that the tenancy would end on 8 November 2023, which was 2 days earlier than it would have ended under the fixed term.

The landlord went to the premises on 20 October and found the tenant had left, but that a man was there, and the doors were not locked. The landlord firstly said the man was a friend, and then said he was a “homeless person”. The landlord changed the locks on Wednesday 25 October 2023.

The tenants surrendered the tenancy to the landlord when they vacated on 18 October and the landlord has accepted the surrender by taking possession on 24 October 2023.

How much does the tenant owe in rent?

The landlord has provided rent records which prove the amount owing to 8 November 2023. The landlord in changing the locks has taken possession of the premises from 25 October 2023. The tenant’s obligation to pay rent ended on 24 October as the landlord took possession of the premises after that. Rent owing is calculated to 24 October 2023.

In considering the landlord’s argument that they changed the locks for security reasons it is my view that the landlord should have used its set of keys to lock the premises and then consider changing the locks after the tenancy had ended. Regardless the other actions of the landlord in carrying out cleaning and rubbish removal establish that the landlord has taken possession of the premises on 25 October 2023.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant’s obligations in quitting the premises arose on 24 October 2024 as that is the last day 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), RTA. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca), RTA. 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. There were dogs in the premises and the carpet required cleaning and a flea bomb treatment. The lawns needed to be mown.

The tenant did not return the keys.

The glass recycling bin was missing at the end of the tenancy.

The landlord had to replace light bulbs and the garage door remote batteries.

The amounts ordered are proved.

The claim for lawns is dismissed as I am not persuaded from the landlord’s evidence that the lawns required mowing on 24 October 2023. The claim for bark ($36.98) is also dismissed as I am not persuaded from the landlord’s evidence that there was less bark in the gardens than at the start of the tenancy.

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. 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.

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.

The following damage was caused during the tenancy: a glass window pane was broken; the toilet seat was broken; a curtain wire was missing; and the garage door required mending and a knob was missing on a cupboard.

The damage is more than fair wear and tear, and I am satisfied that the damage was carelessly caused. The tenant has not disproved liability for the damage.

As the landlord has mainly succeeded with the claim I must reimburse the filing fee.

Name suppression is available to the substantially successful party, which in this case is the landlord. The landlord has requested name suppression therefore a suppression order is made.

Claims and awards in Tenancy Tribunal application 4749473 — net $2,564.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 October 2023	$3,166.43	Rent arrears to 24 October 2023
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Cleaning: and labour to remove rubbish	$272.40	Cleaning: and labour to remove rubbish
Carpet Cleaning	$172.50	Carpet Cleaning
Lock/key replacement: keys for house and garage door	$390.60	Lock/key replacement: keys for house and garage door
Replace the glass recycling bin	$17.00	Replace the glass recycling bin
Repairs: garage door and replace missing knob on kitchen cupboard	$189.57	Repairs: garage door and replace missing knob on kitchen cupboard
issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k	$83.59	issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k
Window repairs: replace cracked glass in window	$162.00	Window repairs: replace cracked glass in window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,564.53
Total payable by Tenant to Landlord	$2,564.53

Claims and awards in Tenancy Tribunal application 4749473 — net $2,564.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 24 October 2023

$3,166.43

Rent arrears to 24 October 2023

Rubbish removal: Skip bin hire

$350.00

Rubbish removal: Skip bin hire

Cleaning: and labour to remove rubbish

$272.40

Cleaning: and labour to remove rubbish

Carpet Cleaning

$172.50

Carpet Cleaning

Lock/key replacement: keys for house and garage door

$390.60

Lock/key replacement: keys for house and garage door

Replace the glass recycling bin

$17.00

Replace the glass recycling bin

Repairs: garage door and replace missing knob on kitchen cupboard

$189.57

Repairs: garage door and replace missing knob on kitchen cupboard

issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k

$83.59

issing light bulbs, flea bomb the house, replace missing batteries in the heat pump remote; replacing missing wire for k

Window repairs: replace cracked glass in window

$162.00

Window repairs: replace cracked glass in window

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$2,564.53

Total payable by Tenant to Landlord

$2,564.53

Order

Nicole Williams and Desrae Williams must pay [The landlord/s] $2,564.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,260.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord’s claim for lawn mowing and garden bark is dismissed.

Reasons

The landlord attended the hearing but the tenants did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was granted for a fixed term commencing on 10 November 2022 and due to expire on 10 November 2023.
The landlord confirmed that the tenancy started on 14 November 2022, later than shown on the tenancy agreement as the landlord needed to undertake cleaning and other work after the previous tenancy had ended to meet its obligations under the Residential Tenancies Act 1986 (RTA) before this tenancy started.
The tenant fell into rent arrears and advised the landlord on 12 October 2023 that she was struggling to pay rent and would move out by the following Wednesday (18 October). The landlord agreed that the tenancy would end on 8 November 2023.
When parties have agreed to a fixed term tenancy neither party is able to end the tenancy earlier unless the other party agrees. Here, the agreement was that the tenancy would end on 8 November 2023, which was 2 days earlier than it would have ended under the fixed term.
The landlord went to the premises on 20 October and found the tenant had left, but that a man was there, and the doors were not locked. The landlord firstly said the man was a friend, and then said he was a “homeless person”. The landlord changed the locks on Wednesday 25 October 2023.
The tenants surrendered the tenancy to the landlord when they vacated on 18 October and the landlord has accepted the surrender by taking possession on 24 October 2023.

How much does the tenant owe in rent?

The landlord has provided rent records which prove the amount owing to 8 November 2023. The landlord in changing the locks has taken possession of the premises from 25 October 2023. The tenant’s obligation to pay rent ended on 24 October as the landlord took possession of the premises after that. Rent owing is calculated to 24 October 2023.
In considering the landlord’s argument that they changed the locks for security reasons it is my view that the landlord should have used its set of keys to lock the premises and then consider changing the locks after the tenancy had ended. Regardless the other actions of the landlord in carrying out cleaning and rubbish removal establish that the landlord has taken possession of the premises on 25 October 2023.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant’s obligations in quitting the premises arose on 24 October 2024 as that is the last day 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), RTA. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca), RTA. 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. There were dogs in the premises and the carpet required cleaning and a flea bomb treatment. The lawns needed to be mown.
The tenant did not return the keys.
The glass recycling bin was missing at the end of the tenancy.
The landlord had to replace light bulbs and the garage door remote batteries.
The amounts ordered are proved.
The claim for lawns is dismissed as I am not persuaded from the landlord’s evidence that the lawns required mowing on 24 October 2023. The claim for bark ($36.98) is also dismissed as I am not persuaded from the landlord’s evidence that there was less bark in the gardens than at the start of the tenancy.

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. 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.
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.
The following damage was caused during the tenancy: a glass window pane was broken; the toilet seat was broken; a curtain wire was missing; and the garage door required mending and a knob was missing on a cupboard.
The damage is more than fair wear and tear, and I am satisfied that the damage was carelessly caused. The tenant has not disproved liability for the damage.
As the landlord has mainly succeeded with the claim I must reimburse the filing fee.
Name suppression is available to the substantially successful party, which in this case is the landlord. The landlord has requested name suppression therefore a suppression order is made.

Tenancy Tribunal case 4749473 — Rent arrears

At a glance

Tenancy Tribunal case 4749473 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe in 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

Dismissed claims

Order

Reasons

How much does the tenant owe in 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