What was Tenancy Tribunal case 4752056 about?

The tribunal order states: Jack Wilson must pay [The landlord/s] $2,050.00 immediately, calculated as

How much money was awarded in case 4752056?

Rubbish Removal: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4752056?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9924003-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752056 about?

The tribunal order states: Jack Wilson must pay [The landlord/s] $2,050.00 immediately, calculated as

How much money was awarded in case 4752056?

Rubbish Removal: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4752056?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9924003-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4752056 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4752056 — net $2,050.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs, lock change, rubbish removal and cleaning	$2,050.00	Repairs, lock change, rubbish removal and cleaning
Net award	$2,050.00
Total payable by Tenant to Landlord	$2,050.00

The landlord attended the hearing, conducted via teleconference. Attempts were made to call the tenant without success. A notice of hearing had been served at the last known address.

This tenancy ended on 5 May 2023. I was satisfied, given the circumstances and effort, to dispense with the requirements for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing.

The landlord has applied for compensation.

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 there was a large amount of rubbish to be removed.

Keys for the locks were not returned.

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.

There was extensive damage to walls and doors throughout the premises. Some doors had to be replaced if they couldn’t be repaired and the property required repainting throughout following the repairs being completed. The house had bene newly decorated at the commencement of the tenancy in May 2022. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage is more likely than not to have been caused intentionally and as such the tenant is liable for the costs of repairs.

The total cost of the repairs is $5662.14, however to limit the liability to the tenant the landlord has reduced the costs to $2050.00 Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Claims and awards in Tenancy Tribunal application 4752056 — net $2,050.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs, lock change, rubbish removal and cleaning	$2,050.00	Repairs, lock change, rubbish removal and cleaning
Net award	$2,050.00
Total payable by Tenant to Landlord	$2,050.00

Order

Jack Wilson must pay [The landlord/s] $2,050.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Attempts were made to call the tenant without success. A notice of hearing had been served at the last known address.
This tenancy ended on 5 May 2023. I was satisfied, given the circumstances and effort, to dispense with the requirements for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing.
The landlord has applied for compensation.

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 there was a large amount of rubbish to be removed.
Keys for the locks were not returned.
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.
There was extensive damage to walls and doors throughout the premises. Some doors had to be replaced if they couldn’t be repaired and the property required repainting throughout following the repairs being completed. The house had bene newly decorated at the commencement of the tenancy in May 2022. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage is more likely than not to have been caused intentionally and as such the tenant is liable for the costs of repairs.
The total cost of the repairs is $5662.14, however to limit the liability to the tenant the landlord has reduced the costs to $2050.00 Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Tenancy Tribunal case 4752056 — Tenancy dispute at Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4752056 — Tenancy dispute at Unit/Flat 4, 75 Wintere Road, Papatoetoe, Auckland 2025

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

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

Frequently asked questions