What was Tenancy Tribunal case 4758512 about?

The tribunal order states: Lisa Carmel Cambell, Putuo Cambell, Longden Asomualemalama Luma and

How much money was awarded in case 4758512?

Cleaning: $352.50 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Rent Arrears: $4,329.00 awarded to landlord; To Walls: $2,583.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4758512?

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

Where can I read the official tribunal order for case 4758512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10057259-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4758512 about?

The tribunal order states: Lisa Carmel Cambell, Putuo Cambell, Longden Asomualemalama Luma and

How much money was awarded in case 4758512?

Cleaning: $352.50 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Rent Arrears: $4,329.00 awarded to landlord; To Walls: $2,583.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4758512?

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

Where can I read the official tribunal order for case 4758512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10057259-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4758512 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4758512 — net $6,264.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/23	$4,329.00	Rent arrears to 19/12/23
Cleaning	$450.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Repairs: to walls	$2,583.00	Repairs: to walls
Carpet Cleaning	$352.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,264.94
Total payable by Tenant to Landlord	$6,264.94

The landlord attended the hearing. There was no attendance for the tenants however as they had been served with the notice of hearing it went ahead in their absence.

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

How much is owed for rent?

On 22 November 2023 the tenants advised the landlord that they had vacated. The landlord provided rent records which prove the rental amount owing at the end of the tenancy and includes 28 days’ notice the tenants failed to give 1 .

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 (RTA).

The landlord has proven in documentary, photographic and oral evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish when they vacated. The kitchen, laundry and carpets in particular were left extremely unclean. There were also some large items left on the property such as broken motorbikes, mattresses, a large couch and table.

The amounts ordered for cleaning, lawns, carpet cleaning and rubbish removal are proven in evidence, as is a claim for compensation to replace one missing smoke alarm and toilet seat.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair multiple walls and two doors in the property that had scratches and holes in them at the end of the tenancy. There were several big holes, and some had had an attempt at repair to them but it had not been finished. There were multiple small holes throughout the house in the walls that appeared to be knife marks.

To be awarded compensation, 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 1 Section 51(2B) of the Residential Tenancies Act 1986 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. The insurance excess was $1,000 and rent $600 per week.

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.

Having considered the evidence, I find that the majority of the damage is more than fair wear and tear, and most likely intentional damage. The number of holes and marks indicate that they cannot have occurred accidentally.

The amounts ordered are proven.

I have taken 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 items at the start of the tenancy and their likely useful lifespan. Guarantor

On 24 September 2022 the guarantors Longden Asomualemalama Luma and Valelia Matalena Brown provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.

The Tribunal has ordered the tenant to pay $6,264.94 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.

I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Claims and awards in Tenancy Tribunal application 4758512 — net $6,264.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/23	$4,329.00	Rent arrears to 19/12/23
Cleaning	$450.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Repairs: to walls	$2,583.00	Repairs: to walls
Carpet Cleaning	$352.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,264.94
Total payable by Tenant to Landlord	$6,264.94

Order

Lisa Carmel Cambell, Putuo Cambell, Longden Asomualemalama Luma and Valelia Matalena Brown must pay [The landlord/s] $6,264.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no attendance for the tenants however as they had been served with the notice of hearing it went ahead in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

On 22 November 2023 the tenants advised the landlord that they had vacated. The landlord provided rent records which prove the rental amount owing at the end of the tenancy and includes 28 days’ notice the tenants failed to give 1 .

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 (RTA).
The landlord has proven in documentary, photographic and oral evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish when they vacated. The kitchen, laundry and carpets in particular were left extremely unclean. There were also some large items left on the property such as broken motorbikes, mattresses, a large couch and table.
The amounts ordered for cleaning, lawns, carpet cleaning and rubbish removal are proven in evidence, as is a claim for compensation to replace one missing smoke alarm and toilet seat.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair multiple walls and two doors in the property that had scratches and holes in them at the end of the tenancy. There were several big holes, and some had had an attempt at repair to them but it had not been finished. There were multiple small holes throughout the house in the walls that appeared to be knife marks.
To be awarded compensation, 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 1 Section 51(2B) of the Residential Tenancies Act 1986 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. The insurance excess was $1,000 and rent $600 per week.
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.
Having considered the evidence, I find that the majority of the damage is more than fair wear and tear, and most likely intentional damage. The number of holes and marks indicate that they cannot have occurred accidentally.
The amounts ordered are proven.
I have taken 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 items at the start of the tenancy and their likely useful lifespan. Guarantor
On 24 September 2022 the guarantors Longden Asomualemalama Luma and Valelia Matalena Brown provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant to pay $6,264.94 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Tenancy Tribunal case 4758512 — Rent arrears

At a glance

Tenancy Tribunal case 4758512 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Order

Reasons

How much is owed for 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