What was Tenancy Tribunal case 4794614 about?

The tribunal order states: The Tribunal orders that the landlord’s name is to be suppressed.

How much money was awarded in case 4794614?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $314.28 awarded to landlord; Rent Arrears: $1,080.00 awarded to landlord; Kitchen Door Glass: $167.01 awarded to landlord; Kitchen Drain Blockage: $335.80 awarded to landlord; Wardrobe Door: $171.24 awarded to landlord

What type of tenancy dispute was case 4794614?

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

Where can I read the official tribunal order for case 4794614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10158174-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4794614 about?

The tribunal order states: The Tribunal orders that the landlord’s name is to be suppressed.

How much money was awarded in case 4794614?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $314.28 awarded to landlord; Rent Arrears: $1,080.00 awarded to landlord; Kitchen Door Glass: $167.01 awarded to landlord; Kitchen Drain Blockage: $335.80 awarded to landlord; Wardrobe Door: $171.24 awarded to landlord

What type of tenancy dispute was case 4794614?

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

Where can I read the official tribunal order for case 4794614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10158174-Tribunal_Order_Redacted.pdf.

17 Middlesex Street, Levin, Levin 5510 Tenancy Tribunal Case 4794614 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4794614 — net $638.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,080.00	Rent arrears
Cleaning	$150.00	Cleaning
Repairs: kitchen door glass	$167.01	Repairs: kitchen door glass
Repairs: wardrobe door	$171.24	Repairs: wardrobe door
Repairs: kitchen drain blockage	$335.80	Repairs: kitchen drain blockage
Lock/key replacement: garage	$314.28	Lock/key replacement: garage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$638.77
Total payable by Tenant to Landlord	$638.77

The Tribunal orders that the landlord’s name is to be suppressed.

Selesitina Cowley must pay [The landlord/s] $638.77 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,080.00 Cleaning$150.00 Repairs: kitchen door glass$167.01 Repairs: wardrobe door$171.24 Repairs: kitchen drain blockage$335.80 Lock/key replacement: garage$314.28 Filing fee reimbursement$20.44 Total award$2,238.77 Bond$1,600.00 Total payable by Tenant to Landlord$638.77

Reasons

The landlord attended the hearing.

The tenant had been given permission to attend by telephone. She was telephoned three times on the number provided but did not answer. Two messages were left.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord provided email evidence that the tenant had accepted responsibility for the amounts claimed by the landlord.

How much is owed for rent?

The tenancy ended on 11 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A modest amount of work was required to bring the property up to the required standard.

The tenant did not return the keys to the garage.

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: a panel of glass in the kitchen door was broken, there was a hole in a wardrobe door and the kitchen drain required unblocking due to fat having been poured down it. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4794614 — net $638.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,080.00	Rent arrears
Cleaning	$150.00	Cleaning
Repairs: kitchen door glass	$167.01	Repairs: kitchen door glass
Repairs: wardrobe door	$171.24	Repairs: wardrobe door
Repairs: kitchen drain blockage	$335.80	Repairs: kitchen drain blockage
Lock/key replacement: garage	$314.28	Lock/key replacement: garage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$638.77
Total payable by Tenant to Landlord	$638.77

Order

The Tribunal orders that the landlord’s name is to be suppressed.
Selesitina Cowley must pay [The landlord/s] $638.77 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,080.00 Cleaning$150.00 Repairs: kitchen door glass$167.01 Repairs: wardrobe door$171.24 Repairs: kitchen drain blockage$335.80 Lock/key replacement: garage$314.28 Filing fee reimbursement$20.44 Total award$2,238.77 Bond$1,600.00 Total payable by Tenant to Landlord$638.77

Reasons

The landlord attended the hearing.
The tenant had been given permission to attend by telephone. She was telephoned three times on the number provided but did not answer. Two messages were left.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided email evidence that the tenant had accepted responsibility for the amounts claimed by the landlord.

How much is owed for rent?

The tenancy ended on 11 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A modest amount of work was required to bring the property up to the required standard.
The tenant did not return the keys to the garage.
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: a panel of glass in the kitchen door was broken, there was a hole in a wardrobe door and the kitchen drain required unblocking due to fat having been poured down it. 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 [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4794614 — Rent arrears at 17 Middlesex Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4794614 — Rent arrears at 17 Middlesex Street, Levin, Levin 5510

At a glance

Award balance

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

Frequently asked questions

Award balance

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

Frequently asked questions