What was Tenancy Tribunal case 4770961 about?

The tribunal order states: Akira Kahu Kuranui Johnston must pay [The landlord/s] $3,525.44 immediately,

How much money was awarded in case 4770961?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4770961?

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

Where can I read the official tribunal order for case 4770961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9993324-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4770961 about?

The tribunal order states: Akira Kahu Kuranui Johnston must pay [The landlord/s] $3,525.44 immediately,

How much money was awarded in case 4770961?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4770961?

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

Where can I read the official tribunal order for case 4770961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9993324-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4770961 — Rent arrears

Order

Akira Kahu Kuranui Johnston must pay [The landlord/s] $3,525.44 immediately, calculated as shown in table below.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing.
A telephone call was made to the tenant on the number provided at the allocated hearing time. The person answering the call confirmed that they knew the tenant and that the tenant was not available to take the call. The Tribunal may hear matters where satisfied that notice of the hearing has been given. I am so satisfied.
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 and water rates?

The tenancy ended on 14 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,015.00 for rent and that the share of water attributed to this tenancy is $247.00. The other tenancy to which water is attributed ended earlier on 29 November 2023. I have taken that into account in setting the appropriate amount for water.

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 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 landlord provided copies of the cleaning invoice and photos in support of the claim. The sum claimed is $310.50 and is reasonable.
The tenant did not return the keys. The landlord provided copies of invoices for the replacement keys and damage to the lock bolt. The invoices amount to $832.50. I have attributed half of the invoice to this tenancy. That sum is $416.25.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord is not insured.
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: Damage to the walls and floors. The landlord provided copies of the invoice for repairs and photos in support. The invoice is for $1,725.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have attributed $776.25 to this tenancy.
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. The condition of the premises was “as new” at the start of the tenancy. I have made a modest deduction to take betterment into account.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time. The building body corporate has removed the goods already. This order authorises that removal.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
All other claims are dismissed.
I record that the landlord has retained the tenant bond. I have deducted that bond amount from the amount sought by the landlord.
As [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4770961 — Rent arrears

Tenancy Tribunal case 4770961 — Rent arrears

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?