What was Tenancy Tribunal case 4775538 about?

The tribunal order states: William Percival and Santarna Tamata must pay [The landlord/s] $10,021.40

How much money was awarded in case 4775538?

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 4775538?

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

Where can I read the official tribunal order for case 4775538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10435493-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4775538 about?

The tribunal order states: William Percival and Santarna Tamata must pay [The landlord/s] $10,021.40

How much money was awarded in case 4775538?

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 4775538?

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

Where can I read the official tribunal order for case 4775538?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10435493-Tribunal_Order_Redacted.pdf.

Unit/Flat b, 32 Walpole Avenue, Hillpark, Auckland 2241 Tenancy Tribunal Case 4775538 — Rent arrears

Order

William Percival and Santarna Tamata must pay [The landlord/s] $10,021.40 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,585.96 Rubbish removal$450.00 Lock/key replacement$218.00 Cleaning$150.00 Replace furnishings: oven$875.00 Window repairs$138.00 Replace furnishings: carpet$2,784.00 Filing fee reimbursement$20.44 Total award$12,221.40 Bond-$2,200.00 Total payable by Tenant to Landlord$10,021.40
The bond was refunded to the landlord at the end of the tenancy. It is included in the table above for transparency, but not order is required.

Reasons

Only the landlord attended the hearing.
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 30 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Those amounts are proved.
The landlord also seeks compensation for lost rent for the period between 1 December 2023 and 7 January 2024 when the premises could not be re-tenanted as repair were required.
Taking into account the level of damage and the time of year, I am satisfied that the landlords acted promptly to repair the damage and re-tenant the premises, and that the lost rent is directly caused by the tenant’s breach of his obligations to leave the premises reasonably clean and tidy and put right any damage caused.
The amounts ordered are proved.

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.
Having seen the photographs provided by the landlord and heard the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' 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: a. Damage to the oven. b. Burning and cat damage to the carpets. c. Broken window in the kitchen.
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.
The carpets and the oven were both install in 2021. I have depreciated these by 2 years, and in accordance with an expected life span of 10 years for carpet and 8 years for the oven. Filing Fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

William Percival and Santarna Tamata must pay [The landlord/s] $10,021.40 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$7,585.96 Rubbish removal$450.00 Lock/key replacement$218.00 Cleaning$150.00 Replace furnishings: oven$875.00 Window repairs$138.00 Replace furnishings: carpet$2,784.00 Filing fee reimbursement$20.44 Total award$12,221.40 Bond-$2,200.00 Total payable by Tenant to Landlord$10,021.40
The bond was refunded to the landlord at the end of the tenancy. It is included in the table above for transparency, but not order is required.

Reasons

Only the landlord attended the hearing.
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 30 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Those amounts are proved.
The landlord also seeks compensation for lost rent for the period between 1 December 2023 and 7 January 2024 when the premises could not be re-tenanted as repair were required.
Taking into account the level of damage and the time of year, I am satisfied that the landlords acted promptly to repair the damage and re-tenant the premises, and that the lost rent is directly caused by the tenant’s breach of his obligations to leave the premises reasonably clean and tidy and put right any damage caused.
The amounts ordered are proved.

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.
Having seen the photographs provided by the landlord and heard the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' 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: a. Damage to the oven. b. Burning and cat damage to the carpets. c. Broken window in the kitchen.
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.
The carpets and the oven were both install in 2021. I have depreciated these by 2 years, and in accordance with an expected life span of 10 years for carpet and 8 years for the oven. Filing Fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4775538 — Rent arrears at Unit/Flat b, 32 Walpole Avenue, Hillpark, Auckland 2241

Tenancy Tribunal case 4775538 — Rent arrears at Unit/Flat b, 32 Walpole Avenue, Hillpark, Auckland 2241

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?

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?