What was Tenancy Tribunal case 4774681 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4774681?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,290.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Water Rates: $309.36 awarded to landlord

What type of tenancy dispute was case 4774681?

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

Where can I read the official tribunal order for case 4774681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536691-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4774681 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4774681?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,290.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Water Rates: $309.36 awarded to landlord

What type of tenancy dispute was case 4774681?

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

Where can I read the official tribunal order for case 4774681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536691-Tribunal_Order_Redacted.pdf.

122 Weymouth Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4774681 — Rent arrears

Claims and awards in Tenancy Tribunal application 4774681. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,290.00	Rent arrears
Water rates	$309.36	Water rates
Cleaning	$500.00	Cleaning
Repairs: Painting, repairs and flooring	$900.00	Repairs: Painting, repairs and flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.
The Bond Centre is to pay the bond of () immediately apportioned as follows: : :

Reasons

[The landlord’s representative] attended the hearing for the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation for repairs to the kitchen flooring, bedroom carpet, hole in the bathroom, lock on back door and repairs to front door, cleaning and 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 18 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
At the end of the tenancy the tenant owed $ 747.50 in water. This included a large water bill of $660.42 incurred in May 2023. The landlord offered a rebate of $150.00 of this water bill at today’s hearing. The landlord confirmed that the water bill was as a result of a leak that was fixed as soon as it was identified. The landlord has not applied to Watercare for a leak rebate. The tenant is only liable for the water that she used. (see s39 RTA). Usually, the landlord would apply for the leak rebate and would pass that amount onto the tenant. That has not occurred here. I have considered the usual amount of water used by the tenant each month (which I have calculate at $180). That is the amount the tenant is liable for not the total of $660.42. I have therefore deducted the difference of $480.42 from the water bill amounts owing at the end of the tenancy of $789.78 leaving an amount owing by the tenant of $309.36. I suggest that the landlord obtain a water leak rebate from Watercare.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy.
The landlord provided me with a quote to clean the property. The landlord confirmed that they had cleaned the property but did not have the invoice or the amount that they actually paid for the cleaning.
The Tribunal considers claims for cleaning each day. The floors needed cleaning, as did some walls and the oven. I also accept that the landlord had to clean the carpets due to the tenant keeping a dog at the property. The amount awarded is reflective of the items that needed cleaning.
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: • Hole in the bathroom wall • Burn mark in a bedroom carpet. • Tear/ Burn in the lino in the kitchen. • Scratch marks from the dog on the front door and the front door jamb.
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. 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.
I note that the flooring in the kitchen and in the bedroom looks to be near the end of its depreciable life but was in good condition at the beginning of the tenancy.
Because has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 4774681. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,290.00	Rent arrears
Water rates	$309.36	Water rates
Cleaning	$500.00	Cleaning
Repairs: Painting, repairs and flooring	$900.00	Repairs: Painting, repairs and flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details. 2.
The Bond Centre is to pay the bond of () immediately apportioned as follows: : :

Reasons

[The landlord’s representative] attended the hearing for the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation for repairs to the kitchen flooring, bedroom carpet, hole in the bathroom, lock on back door and repairs to front door, cleaning and 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 18 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
At the end of the tenancy the tenant owed $ 747.50 in water. This included a large water bill of $660.42 incurred in May 2023. The landlord offered a rebate of $150.00 of this water bill at today’s hearing. The landlord confirmed that the water bill was as a result of a leak that was fixed as soon as it was identified. The landlord has not applied to Watercare for a leak rebate. The tenant is only liable for the water that she used. (see s39 RTA). Usually, the landlord would apply for the leak rebate and would pass that amount onto the tenant. That has not occurred here. I have considered the usual amount of water used by the tenant each month (which I have calculate at $180). That is the amount the tenant is liable for not the total of $660.42. I have therefore deducted the difference of $480.42 from the water bill amounts owing at the end of the tenancy of $789.78 leaving an amount owing by the tenant of $309.36. I suggest that the landlord obtain a water leak rebate from Watercare.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy.
The landlord provided me with a quote to clean the property. The landlord confirmed that they had cleaned the property but did not have the invoice or the amount that they actually paid for the cleaning.
The Tribunal considers claims for cleaning each day. The floors needed cleaning, as did some walls and the oven. I also accept that the landlord had to clean the carpets due to the tenant keeping a dog at the property. The amount awarded is reflective of the items that needed cleaning.
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: • Hole in the bathroom wall • Burn mark in a bedroom carpet. • Tear/ Burn in the lino in the kitchen. • Scratch marks from the dog on the front door and the front door jamb.
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. 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.
I note that the flooring in the kitchen and in the bedroom looks to be near the end of its depreciable life but was in good condition at the beginning of the tenancy.
Because has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 4774681 — Rent arrears at 122 Weymouth Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4774681 — Rent arrears at 122 Weymouth Road, Manurewa, Auckland 2102

At a glance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions