How much money was awarded in case 4782745?

Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,949.94 awarded to landlord; Water Charges Unpaid: $341.47 awarded to landlord

What type of tenancy dispute was case 4782745?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10059603-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4782745?

Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,949.94 awarded to landlord; Water Charges Unpaid: $341.47 awarded to landlord

What type of tenancy dispute was case 4782745?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10059603-Tenancy_Tribunal_Order.pdf.

11 Seaforth Grove, Greerton, Tauranga 3112 Tenancy Tribunal Case 4782745 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4782745?

The tribunal order states: The tenancy of Norman Johnson at 11 Seaforth Grove, Greerton, Tauranga 3112

Order

Claims and awards in Tenancy Tribunal application 4782745. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 March 2024	$4,949.94	Rent arrears to 8 March 2024
Water Charges Unpaid	$341.47	Water Charges Unpaid
Oven Clean	$130.00	Oven Clean
Filing Fee	$20.44	Filing Fee

The tenancy of Norman Johnson at 11 Seaforth Grove, Greerton, Tauranga 3112 is terminated immediately, and possession is granted to Nrg Realty Rentals Limited on 15 March 2024 at 5pm.

Norman Johnson to pay Nrg Realty Rentals Limited $3,241.85 immediately, calculated as follows:

Bond Services to release the full bond to Nrg Realty Rentals Limited immediately.

Reasons

Both parties 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. DescriptionLandlord Rent arrears to 8 March 2024$4,949.94 Water Charges Unpaid$341.47 Oven Clean$130.00 Filing Fee$20.44 Total award$5,441.85 Minus Bond$2,200.00 Tenant to Pay$3,241.85

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $4,949.94

The unpaid water charges amount to $341.47.

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 and did not remove all rubbish.

The tenant did not properly clean the oven at the end of the tenancy. The cost of having a cleaning contractor clean the oven came to $130.00, including labour and cleaning chemicals. I approve this claim.

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.

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 oven was damaged by the Tenant during the tenancy. The Tenant acknowledges the serviceman’s findings. The cost of repair was $130.00.

The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Nrg Realty Rentals Limited As Agent For Bev & Rex Curreen has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4782745. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 March 2024	$4,949.94	Rent arrears to 8 March 2024
Water Charges Unpaid	$341.47	Water Charges Unpaid
Oven Clean	$130.00	Oven Clean
Filing Fee	$20.44	Filing Fee

Order

The tenancy of Norman Johnson at 11 Seaforth Grove, Greerton, Tauranga 3112 is terminated immediately, and possession is granted to Nrg Realty Rentals Limited on 15 March 2024 at 5pm.
Norman Johnson to pay Nrg Realty Rentals Limited $3,241.85 immediately, calculated as follows:
Bond Services to release the full bond to Nrg Realty Rentals Limited immediately.

Reasons

Both parties 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. DescriptionLandlord Rent arrears to 8 March 2024$4,949.94 Water Charges Unpaid$341.47 Oven Clean$130.00 Filing Fee$20.44 Total award$5,441.85 Minus Bond$2,200.00 Tenant to Pay$3,241.85

How much is owed for rent?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $4,949.94
The unpaid water charges amount to $341.47.

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 and did not remove all rubbish.
The tenant did not properly clean the oven at the end of the tenancy. The cost of having a cleaning contractor clean the oven came to $130.00, including labour and cleaning chemicals. I approve this claim.

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.
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 oven was damaged by the Tenant during the tenancy. The Tenant acknowledges the serviceman’s findings. The cost of repair was $130.00.
The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Nrg Realty Rentals Limited As Agent For Bev & Rex Curreen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4782745 — Rent arrears at 11 Seaforth Grove, Greerton, Tauranga 3112

At a glance

Tenancy Tribunal case 4782745 — Rent arrears at 11 Seaforth Grove, Greerton, Tauranga 3112

At a glance

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

Property management

Frequently asked questions

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

Property management

Frequently asked questions