What was Tenancy Tribunal case 4762777 about?

The tribunal order states: Duc Anh Le must pay [The landlord/s] $3,770.44 immediately, calculated as

How much money was awarded in case 4762777?

Filing Fee: $20.44 awarded to landlord; Property Damage: $950.00 awarded to landlord; Property Damage: $2,800.00 awarded to landlord; Rent Arrears: $3,200.00 awarded to landlord

What type of tenancy dispute was case 4762777?

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

Where can I read the official tribunal order for case 4762777?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10622011-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4762777 about?

The tribunal order states: Duc Anh Le must pay [The landlord/s] $3,770.44 immediately, calculated as

How much money was awarded in case 4762777?

Filing Fee: $20.44 awarded to landlord; Property Damage: $950.00 awarded to landlord; Property Damage: $2,800.00 awarded to landlord; Rent Arrears: $3,200.00 awarded to landlord

What type of tenancy dispute was case 4762777?

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

Where can I read the official tribunal order for case 4762777?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10622011-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4762777 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4762777 — Property damage | 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 4762777 — net $3,770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/01/2024	$3,200.00	Rent arrears to 03/01/2024
Compensation - removal of rubbish and repair of damages in bedroom 2	$950.00	Compensation - removal of rubbish and repair of damages in bedroom 2
Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area	$2,800.00	Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,770.44
Total payable by Tenant to Landlord	$3,770.44

Claims and awards for application 4762777 — net $3,770.44 NZD. Verify on MoJ.

Rent arrears to 03/01/2024

Amount: $3,200.00
Awarded to: Landlord
Reason: Rent arrears to 03/01/2024

Compensation - removal of rubbish and repair of damages in bedroom 2

Amount: $950.00
Awarded to: Landlord
Reason: Compensation - removal of rubbish and repair of damages in bedroom 2

Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area

Amount: $2,800.00
Awarded to: Landlord
Reason: Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area

Filing fee reimbursement

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

Net award

Landlord $3,770.44

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Duc Anh Le must pay [The landlord/s] $3,770.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The Tribunal was unable to contact the tenant on the contact number provided. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
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?

The tenancy ended on 3 January 2024. 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord relied on photographs of the condition of the property at the end of the tenancy and invoices. The photographs show that the tenant had used or permitted someone else at the premises to cultivate illegal substance. Consequently, there was a significant amount of rubbish to be removed.
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.
The following damage was caused during the tenancy: damage to walls and ceilings and essentially the property throughout due to cultivation of illegal substance at the premises. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Again, the landlord relied on photographs of the condition of the property at the end of the tenancy and invoices.
The amounts ordered are proved.
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.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

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 4762777 — net $3,770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/01/2024	$3,200.00	Rent arrears to 03/01/2024
Compensation - removal of rubbish and repair of damages in bedroom 2	$950.00	Compensation - removal of rubbish and repair of damages in bedroom 2
Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area	$2,800.00	Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,770.44
Total payable by Tenant to Landlord	$3,770.44

Claims and awards for application 4762777 — net $3,770.44 NZD. Verify on MoJ.

Rent arrears to 03/01/2024

Amount: $3,200.00
Awarded to: Landlord
Reason: Rent arrears to 03/01/2024

Compensation - removal of rubbish and repair of damages in bedroom 2

Amount: $950.00
Awarded to: Landlord
Reason: Compensation - removal of rubbish and repair of damages in bedroom 2

Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area

Amount: $2,800.00
Awarded to: Landlord
Reason: Compensation - Removal of rubbish and repair damage in 3 bedrooms & living area

Filing fee reimbursement

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

Net award

Landlord $3,770.44

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Duc Anh Le must pay [The landlord/s] $3,770.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The Tribunal was unable to contact the tenant on the contact number provided. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
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?

The tenancy ended on 3 January 2024. 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord relied on photographs of the condition of the property at the end of the tenancy and invoices. The photographs show that the tenant had used or permitted someone else at the premises to cultivate illegal substance. Consequently, there was a significant amount of rubbish to be removed.
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.
The following damage was caused during the tenancy: damage to walls and ceilings and essentially the property throughout due to cultivation of illegal substance at the premises. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Again, the landlord relied on photographs of the condition of the property at the end of the tenancy and invoices.
The amounts ordered are proved.
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.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4762777 — Property damage

At a glance

Tenancy Tribunal case 4762777 — Property damage

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