What was Tenancy Tribunal case 4768182 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $895.44 immediately, calculated as

How much money was awarded in case 4768182?

Cleaning: $210.00 awarded to landlord; Cleaning: $430.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Firewood: $250.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4768182?

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

Where can I read the official tribunal order for case 4768182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10122390-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4768182 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $895.44 immediately, calculated as

How much money was awarded in case 4768182?

Cleaning: $210.00 awarded to landlord; Cleaning: $430.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Firewood: $250.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4768182?

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

Where can I read the official tribunal order for case 4768182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10122390-Tribunal_Order_Redacted.pdf.

506 McLaren Falls Road, Omanawa, RD 1, Omanawa 3171 Tenancy Tribunal Case 4768182 — Rent arrears

Claims and awards in Tenancy Tribunal application 4768182 — net $895.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Cleaning	$430.00	Cleaning
Carpet Cleaning: Stain removal	$210.00	Carpet Cleaning: Stain removal
Rubbish removal	$115.00	Rubbish removal
Firewood	$250.00	Firewood
Insurance excess	$550.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$895.44
Total payable by Tenant to Landlord	$895.44

Order

[The tenant/s] must pay [The landlord/s] $895.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant had filed an application and had communicated that they were going to call the Tribunal to attend by telephone as they now live overseas. The tenant was emailed on the 21 March 2024 letting them know the phone numbers to call for the hearing. The tenant did not make contact with the Tribunal at the hearing time or request an adjournment.
The tenant’s claims are dismissed.
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 5 December 2023.The landlord said that there was some dispute about the last rent payments made by the tenants. The landlords sought confirmation and evidence from the tenants of any payments not recorded by them on the rent record. The tenant failed to produce this evidence and did not attend the hearing.
The landlord provided rent records which prove the amount owing at the end of the tenancy and the rent arrears are awarded as claimed.

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 did not remove all rubbish.
The claim for cleaning is reduced as the evidence provided did not support the amount claimed. It is noted that the amount included steam clean of the carpet and this is awarded as part of the order, but due to the lack of information and breakdown in the cleaning invoice it was not clear how much of the amount claimed was made up from this.
The extra stain removal cost is awarded based on photographs of stains after the initial steam clean was completed and the pre-tenancy photographs.
Photographs provided show that a trailer and some pots and pellets were left behind. The landlord said that the council rubbish bins were also left full.
The tenancy agreement stipulated that firewood was to be replaced ‘filled if filled’ when arrived. This was important as the premises are off grid and require firewood to heat the water.
Photographs of pre and post tenancy firewood was supplied. The landlord said that the firewood organised by the tenant after they had left did not arrive. They agreed on $250.00 for the replacement. This is awarded.
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.
The following damage was caused during the tenancy: The vinyl on the kitchen floor was damaged by a stain and when repaired by the tenant lifted and did not seal.
The landlord said that they worked with the tenant to clean the stain, but it was not able to be removed. The tenants organised their own workman to repair the area of floor that was damaged. The landlord did not know who they used, if they were a professional tradesman, or what was paid as the tenants organised it themselves.
By the end of the tenancy the flooring was lifting, and it was found that the old glue had not been removed. The original flooring was not able to be sourced so the large open plan floor area had to be replaced.
The landlords do not currently manage the property but have been informed by the owners that insurance covered this, and the job is complete. The insurance excess was sought and is awarded as claimed.
I find that this is careless damage as the repair was not up to a workmanlike standard and did not last.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression of the tenant’s name as they believe that they had a good tenancy with them and no complaints except the end of tenancy matters that were not able to be finalised because the tenant moved overseas. Having weighted up the interest of the parties versus the public interest I order suppression of both parties’ details.

Claims and awards in Tenancy Tribunal application 4768182 — net $895.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Cleaning	$430.00	Cleaning
Carpet Cleaning: Stain removal	$210.00	Carpet Cleaning: Stain removal
Rubbish removal	$115.00	Rubbish removal
Firewood	$250.00	Firewood
Insurance excess	$550.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$895.44
Total payable by Tenant to Landlord	$895.44

Order

[The tenant/s] must pay [The landlord/s] $895.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant had filed an application and had communicated that they were going to call the Tribunal to attend by telephone as they now live overseas. The tenant was emailed on the 21 March 2024 letting them know the phone numbers to call for the hearing. The tenant did not make contact with the Tribunal at the hearing time or request an adjournment.
The tenant’s claims are dismissed.
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 5 December 2023.The landlord said that there was some dispute about the last rent payments made by the tenants. The landlords sought confirmation and evidence from the tenants of any payments not recorded by them on the rent record. The tenant failed to produce this evidence and did not attend the hearing.
The landlord provided rent records which prove the amount owing at the end of the tenancy and the rent arrears are awarded as claimed.

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 did not remove all rubbish.
The claim for cleaning is reduced as the evidence provided did not support the amount claimed. It is noted that the amount included steam clean of the carpet and this is awarded as part of the order, but due to the lack of information and breakdown in the cleaning invoice it was not clear how much of the amount claimed was made up from this.
The extra stain removal cost is awarded based on photographs of stains after the initial steam clean was completed and the pre-tenancy photographs.
Photographs provided show that a trailer and some pots and pellets were left behind. The landlord said that the council rubbish bins were also left full.
The tenancy agreement stipulated that firewood was to be replaced ‘filled if filled’ when arrived. This was important as the premises are off grid and require firewood to heat the water.
Photographs of pre and post tenancy firewood was supplied. The landlord said that the firewood organised by the tenant after they had left did not arrive. They agreed on $250.00 for the replacement. This is awarded.
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.
The following damage was caused during the tenancy: The vinyl on the kitchen floor was damaged by a stain and when repaired by the tenant lifted and did not seal.
The landlord said that they worked with the tenant to clean the stain, but it was not able to be removed. The tenants organised their own workman to repair the area of floor that was damaged. The landlord did not know who they used, if they were a professional tradesman, or what was paid as the tenants organised it themselves.
By the end of the tenancy the flooring was lifting, and it was found that the old glue had not been removed. The original flooring was not able to be sourced so the large open plan floor area had to be replaced.
The landlords do not currently manage the property but have been informed by the owners that insurance covered this, and the job is complete. The insurance excess was sought and is awarded as claimed.
I find that this is careless damage as the repair was not up to a workmanlike standard and did not last.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression of the tenant’s name as they believe that they had a good tenancy with them and no complaints except the end of tenancy matters that were not able to be finalised because the tenant moved overseas. Having weighted up the interest of the parties versus the public interest I order suppression of both parties’ details.

Tenancy Tribunal case 4768182 — Rent arrears at 506 McLaren Falls Road, Omanawa, RD 1, Omanawa 3171

At a glance

Tenancy Tribunal case 4768182 — Rent arrears at 506 McLaren Falls Road, Omanawa, RD 1, Omanawa 3171

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