What was Tenancy Tribunal case 4752697 about?

The tribunal order states: Cheyenne Cherie Williams must pay [The landlord/s] $3,046.43 immediately,

How much money was awarded in case 4752697?

Filing Fee: $20.44 awarded to landlord; Property Damage: $365.99 awarded to landlord; Rent Arrears: $2,430.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord

What type of tenancy dispute was case 4752697?

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

Where can I read the official tribunal order for case 4752697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146643-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752697 about?

The tribunal order states: Cheyenne Cherie Williams must pay [The landlord/s] $3,046.43 immediately,

How much money was awarded in case 4752697?

Filing Fee: $20.44 awarded to landlord; Property Damage: $365.99 awarded to landlord; Rent Arrears: $2,430.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord

What type of tenancy dispute was case 4752697?

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

Where can I read the official tribunal order for case 4752697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146643-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4752697 — Rent arrears

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New Zealand Tenancy Tribunal Case 4752697 — 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 4752697 — net $3,046.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$2,430.00	Rent arrears at end of tenancy
Window repairs	$365.99	Window repairs
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,046.43
Total payable by Tenant to Landlord	$3,046.43

Claims and awards for application 4752697 — net $3,046.43 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $2,430.00
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Window repairs

Amount: $365.99
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,046.43

Total payable by Tenant to Landlord

Landlord $3,046.43

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Cheyenne Cherie Williams must pay [The landlord/s] $3,046.43 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy$2,430.00 Window repairs$365.99 Rubbish removal$230.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$3,046.43

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 her absence.

BACKGROUND

The sole tenant is Cheyenne Williams.
The tenancy was terminated because of rent arrears. I note a mediated order under application 4679409, in which the tenant agree to pay the arrears of $3,990.00 by releasing the bond to the landlord, and making $50.00 per week payments to clear the debt. The landlord reports that the tenant stopped making those $50.00 payments on 11 January 2024.
The mediated agreement records that the tenant agreed to end the tenancy on 25 September 2024, although the landlord reports the tenant did not leave until 9 October 2024.
When the premises were returned to the landlord, there was rubbish removal required, and repairs to broken windows.

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.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. I will order the balance of the rent arrears which stand at $2,430.00.

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.
I am satisfied that the tenant left rubbish on the premises, she is responsible for the cost of removing that rubbish.

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 there were multiple broken windows. This damage is likely to be intentional damage, the tenant is liable for the full window repair costs.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 been wholly successful and requests name suppression which 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 4752697 — net $3,046.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$2,430.00	Rent arrears at end of tenancy
Window repairs	$365.99	Window repairs
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,046.43
Total payable by Tenant to Landlord	$3,046.43

Claims and awards for application 4752697 — net $3,046.43 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $2,430.00
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Window repairs

Amount: $365.99
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,046.43

Total payable by Tenant to Landlord

Landlord $3,046.43

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Cheyenne Cherie Williams must pay [The landlord/s] $3,046.43 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears at end of tenancy$2,430.00 Window repairs$365.99 Rubbish removal$230.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$3,046.43

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 her absence.

BACKGROUND

The sole tenant is Cheyenne Williams.
The tenancy was terminated because of rent arrears. I note a mediated order under application 4679409, in which the tenant agree to pay the arrears of $3,990.00 by releasing the bond to the landlord, and making $50.00 per week payments to clear the debt. The landlord reports that the tenant stopped making those $50.00 payments on 11 January 2024.
The mediated agreement records that the tenant agreed to end the tenancy on 25 September 2024, although the landlord reports the tenant did not leave until 9 October 2024.
When the premises were returned to the landlord, there was rubbish removal required, and repairs to broken windows.

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.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. I will order the balance of the rent arrears which stand at $2,430.00.

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.
I am satisfied that the tenant left rubbish on the premises, she is responsible for the cost of removing that rubbish.

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 there were multiple broken windows. This damage is likely to be intentional damage, the tenant is liable for the full window repair costs.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

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 been wholly successful and requests name suppression which is ordered.

Tenancy Tribunal case 4752697 — Rent arrears

At a glance

Tenancy Tribunal case 4752697 — 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