What was Tenancy Tribunal case 4800517 about?

The tribunal order states: Leilani Bell must pay [The landlord/s] $252.97 immediately, calculated as shown

How much money was awarded in case 4800517?

Filing Fee: $20.44 awarded to landlord; Property Damage: $138.98 awarded to landlord; Rent Arrears: $1,507.15 awarded to landlord; Rubbish Removal: $386.40 awarded to landlord

What type of tenancy dispute was case 4800517?

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

Where can I read the official tribunal order for case 4800517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10446477-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4800517 about?

The tribunal order states: Leilani Bell must pay [The landlord/s] $252.97 immediately, calculated as shown

How much money was awarded in case 4800517?

Filing Fee: $20.44 awarded to landlord; Property Damage: $138.98 awarded to landlord; Rent Arrears: $1,507.15 awarded to landlord; Rubbish Removal: $386.40 awarded to landlord

What type of tenancy dispute was case 4800517?

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

Where can I read the official tribunal order for case 4800517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10446477-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4800517 — Rent arrears

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New Zealand Tenancy Tribunal Case 4800517 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4800517 — net $252.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/2/2024	$1,507.15	Rent arrears to 4/2/2024
Window repairs	$138.98	Window repairs
Rubbish removal, gardening & repair clothesline	$386.40	Rubbish removal, gardening & repair clothesline
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$252.97
Total payable by Tenant to Landlord	$252.97

Claims and awards for application 4800517 — net $252.97 NZD. Verify on MoJ.

Rent arrears to 4/2/2024

Amount: $1,507.15
Awarded to: Landlord
Reason: Rent arrears to 4/2/2024

Window repairs

Amount: $138.98
Awarded to: Landlord
Reason: Window repairs

Rubbish removal, gardening & repair clothesline

Amount: $386.40
Awarded to: Landlord
Reason: Rubbish removal, gardening & repair clothesline

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $252.97

Total payable by Tenant to Landlord

Landlord $252.97

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Leilani Bell must pay [The landlord/s] $252.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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 4/2/2024.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $386.40 for rubbish removal, tip fees, weed spraying and repairs to the clothesline.
In support of the claim the landlord provided invoices, emails and photographs taken when the tenancy ended.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
The landlord sought costs of $138.98 for repair of broken glass in the back door.
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.
I am satisfied damage was caused during the tenancy to the back door and clothesline and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted pursuant to section 95A because the landlord has been successful with the application.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4800517 — net $252.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/2/2024	$1,507.15	Rent arrears to 4/2/2024
Window repairs	$138.98	Window repairs
Rubbish removal, gardening & repair clothesline	$386.40	Rubbish removal, gardening & repair clothesline
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$252.97
Total payable by Tenant to Landlord	$252.97

Claims and awards for application 4800517 — net $252.97 NZD. Verify on MoJ.

Rent arrears to 4/2/2024

Amount: $1,507.15
Awarded to: Landlord
Reason: Rent arrears to 4/2/2024

Window repairs

Amount: $138.98
Awarded to: Landlord
Reason: Window repairs

Rubbish removal, gardening & repair clothesline

Amount: $386.40
Awarded to: Landlord
Reason: Rubbish removal, gardening & repair clothesline

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $252.97

Total payable by Tenant to Landlord

Landlord $252.97

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Leilani Bell must pay [The landlord/s] $252.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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 4/2/2024.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $386.40 for rubbish removal, tip fees, weed spraying and repairs to the clothesline.
In support of the claim the landlord provided invoices, emails and photographs taken when the tenancy ended.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
The landlord sought costs of $138.98 for repair of broken glass in the back door.
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.
I am satisfied damage was caused during the tenancy to the back door and clothesline and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted pursuant to section 95A because the landlord has been successful with the application.

Tenancy Tribunal case 4800517 — Rent arrears

At a glance

Tenancy Tribunal case 4800517 — Rent arrears

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