What was Tenancy Tribunal case 4782298 about?

The tribunal order states: The landlord’s name, the directors’ names, and any identifying details of the

How much money was awarded in case 4782298?

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 4782298?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10424684-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782298 about?

The tribunal order states: The landlord’s name, the directors’ names, and any identifying details of the

How much money was awarded in case 4782298?

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 4782298?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10424684-Tribunal_Order_Redacted.pdf.

[Street address] Birkenhead, Auckland 0626 Tenancy Tribunal Case 4782298 — Property damage

Order

The landlord’s name, the directors’ names, and any identifying details of the landlord or its directions, including the tenancy address, must not be published.
The tenant’s claims are dismissed.
Brittany Renee Watson must pay [the landlord] $4,166.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,590.00 ([Bond number suppressed]) to [the landlord].

Reasons

The landlord’s directors attended for the landlord.
The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why they would not be attending. The hearing proceeded in their absence.
The tenancy ended on 15 January 2024. The landlord applies for water arrears, compensation, reimbursement of the filing fee, and payment over of the bond.

How much is owed for water rates?

The landlord provided water rates invoices which proved the amounts the tenant owes for outstanding rent and water.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy, did not leave the lawns reasonably tidy, and did not remove all their rubbish.
The landlord submitted an invoice for the costs it incurred to have the premises cleaned, the lawns mown, and the rubbish removed.
The amounts ordered for these are proved.

Is the tenant liable for the damage to the premises?

The landlord claims for the cost of repainting the house’s internal walls due to the tenant’s poor repainting, and to reconnect the stove’s electrical cord after it was damaged in a fire the tenant caused.
To succeed in a damage claim, landlords must prove any damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, tenants 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B.
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. 3 None of the damage in this case was covered beyond the landlord’s insurance excess or four weeks’ rent.
Tenants are liable for the cost of repairing intentional damage that is or which results from any activity at the premises that is an imprisonable offence. This applies to the tenant does and their guests. 4
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. 5
I am satisfied that the damage and property loss occurred during the tenancy and is more than fair wear and tear.
The landlord submitted invoices that proved their loss to repair the damage.
The amounts ordered are proven. Filing fee and bond
The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord substantially succeeded in its claim.
The bond is to be paid to the landlord in part payment of the Tribunal’s monetary order. The tenant’s claims
The tenant filed an application on 15 January 2024. She claimed that the landlords failed to maintain the premises in a reasonable state of repair, breached the Healthy Homes Standards, and interfered with her reasonable peace comfort and privacy. For remedy she sought compensation and exemplary damages.
This matter was set down for a full day hearing. The tenant has failed to attend without excuse.
The tenant’s claims are dismissed for want of reasonable diligence in prosecuting the claim. 3 RTA, s 49B(3)(a). 4 RTA, s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Non-publication
The landlord applies for non-publication of its identifying details.
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. 6
The landlord wholly succeeded in its claim. Publication is not in the public interest or justified by the landlord’s conduct or any other circumstances.
The landlord’s name, its director’s names and the tenancy address, and any identifying details of the landlord and its directors must not be published.

Order

The landlord’s name, the directors’ names, and any identifying details of the landlord or its directions, including the tenancy address, must not be published.
The tenant’s claims are dismissed.
Brittany Renee Watson must pay [the landlord] $4,166.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,590.00 ([Bond number suppressed]) to [the landlord].

Reasons

The landlord’s directors attended for the landlord.
The tenant did not attend. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why they would not be attending. The hearing proceeded in their absence.
The tenancy ended on 15 January 2024. The landlord applies for water arrears, compensation, reimbursement of the filing fee, and payment over of the bond.

How much is owed for water rates?

The landlord provided water rates invoices which proved the amounts the tenant owes for outstanding rent and water.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy, did not leave the lawns reasonably tidy, and did not remove all their rubbish.
The landlord submitted an invoice for the costs it incurred to have the premises cleaned, the lawns mown, and the rubbish removed.
The amounts ordered for these are proved.

Is the tenant liable for the damage to the premises?

The landlord claims for the cost of repainting the house’s internal walls due to the tenant’s poor repainting, and to reconnect the stove’s electrical cord after it was damaged in a fire the tenant caused.
To succeed in a damage claim, landlords must prove any damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, tenants 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B.
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. 3 None of the damage in this case was covered beyond the landlord’s insurance excess or four weeks’ rent.
Tenants are liable for the cost of repairing intentional damage that is or which results from any activity at the premises that is an imprisonable offence. This applies to the tenant does and their guests. 4
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. 5
I am satisfied that the damage and property loss occurred during the tenancy and is more than fair wear and tear.
The landlord submitted invoices that proved their loss to repair the damage.
The amounts ordered are proven. Filing fee and bond
The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord substantially succeeded in its claim.
The bond is to be paid to the landlord in part payment of the Tribunal’s monetary order. The tenant’s claims
The tenant filed an application on 15 January 2024. She claimed that the landlords failed to maintain the premises in a reasonable state of repair, breached the Healthy Homes Standards, and interfered with her reasonable peace comfort and privacy. For remedy she sought compensation and exemplary damages.
This matter was set down for a full day hearing. The tenant has failed to attend without excuse.
The tenant’s claims are dismissed for want of reasonable diligence in prosecuting the claim. 3 RTA, s 49B(3)(a). 4 RTA, s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Non-publication
The landlord applies for non-publication of its identifying details.
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. 6
The landlord wholly succeeded in its claim. Publication is not in the public interest or justified by the landlord’s conduct or any other circumstances.
The landlord’s name, its director’s names and the tenancy address, and any identifying details of the landlord and its directors must not be published.

Tenancy Tribunal case 4782298 — Property damage at [Street address] Birkenhead, Auckland 0626

Tenancy Tribunal case 4782298 — Property damage at [Street address] Birkenhead, Auckland 0626

Order

Reasons

How much is owed for water rates?

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

Is the tenant liable for the damage to the premises?

Order

Reasons

How much is owed for water rates?

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

Is the tenant liable for the damage to the premises?