What was Tenancy Tribunal case 4810177 about?

The tribunal order states: Paula Neeson must pay [The landlord/s] $3,586.12 immediately, calculated as

How much money was awarded in case 4810177?

Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,657.14 awarded to landlord; Property Damage: $750.00 awarded to landlord; Replace furnishings: Heat pump remot…: $120.00 awarded to landlord; Rubbish Removal: $233.54 awarded to landlord

What type of tenancy dispute was case 4810177?

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

Where can I read the official tribunal order for case 4810177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660438-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4810177 about?

The tribunal order states: Paula Neeson must pay [The landlord/s] $3,586.12 immediately, calculated as

How much money was awarded in case 4810177?

Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,657.14 awarded to landlord; Property Damage: $750.00 awarded to landlord; Replace furnishings: Heat pump remot…: $120.00 awarded to landlord; Rubbish Removal: $233.54 awarded to landlord

What type of tenancy dispute was case 4810177?

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

Where can I read the official tribunal order for case 4810177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660438-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4810177 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4810177 — net $3,586.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,657.14	Rent arrears
Cleaning	$325.00	Cleaning
Rubbish removal	$233.54	Rubbish removal
Replace furnishings: Heat pump remote	$120.00	Replace furnishings: Heat pump remote
Replace furnishings: Carpet insurance excess	$750.00	Replace furnishings: Carpet insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,586.12
Total payable by Tenant to Landlord	$3,586.12

The property manager attended the hearing on behalf of the landlord. There was no appearance from the tenant.

At an earlier hearing, the parties had agreed that the tenancy would terminate on 26 January 2024. The property manager advised that in fact, the landlord allowed the tenant a further week, and so the tenancy ended on 2 February 2024.

The landlord has now 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 landlord provided rent records which prove the amount owing at the end of the tenancy was $3,657.14. That amount is ordered.

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, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord submitted a report showing the state of the property at a routine inspection on 7 December 2023 and an exit inspection on 7 February 2024. The December photos show considerable mess and damage caused by a dog that had been left inside the property. The February photos show that although the tenant had made some efforts to tidy the property, she did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord claimed trailer hire, mileage and tip fee for rubbish removal, totalling $233.54. The landlord submitted an invoice for $325.00 for cleaning.

The landlord was unable to find the remote control for the heat pump and also claims $120 for a replacement remote. An invoice for this amount was provided.

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 property manager said that in December there was dog faeces throughout the house. The tenant had moved away, but left the dog inside. The photos from the end of the tenancy show that the once plain blue carpet is a mass of blotches. The property manager said that the carpet was full of dog urine.

I consider that the damage is intentional because the tenant allowed the dog to remain in the property when she was not living there and took no steps to ensure that it did not damage the property.

I am satisfied that the carpet needed to be replaced. Because it was covered by insurance, I have not needed to consider the total cost of replacement and age of the carpet. It is reasonable that the tenant pay the insurance excess of $750.

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 4810177 — net $3,586.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,657.14	Rent arrears
Cleaning	$325.00	Cleaning
Rubbish removal	$233.54	Rubbish removal
Replace furnishings: Heat pump remote	$120.00	Replace furnishings: Heat pump remote
Replace furnishings: Carpet insurance excess	$750.00	Replace furnishings: Carpet insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,586.12
Total payable by Tenant to Landlord	$3,586.12

Order

Paula Neeson must pay [The landlord/s] $3,586.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The property manager attended the hearing on behalf of the landlord. There was no appearance from the tenant.
At an earlier hearing, the parties had agreed that the tenancy would terminate on 26 January 2024. The property manager advised that in fact, the landlord allowed the tenant a further week, and so the tenancy ended on 2 February 2024.
The landlord has now 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 landlord provided rent records which prove the amount owing at the end of the tenancy was $3,657.14. That amount is ordered.

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, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord submitted a report showing the state of the property at a routine inspection on 7 December 2023 and an exit inspection on 7 February 2024. The December photos show considerable mess and damage caused by a dog that had been left inside the property. The February photos show that although the tenant had made some efforts to tidy the property, she did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord claimed trailer hire, mileage and tip fee for rubbish removal, totalling $233.54. The landlord submitted an invoice for $325.00 for cleaning.
The landlord was unable to find the remote control for the heat pump and also claims $120 for a replacement remote. An invoice for this amount was provided.
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 property manager said that in December there was dog faeces throughout the house. The tenant had moved away, but left the dog inside. The photos from the end of the tenancy show that the once plain blue carpet is a mass of blotches. The property manager said that the carpet was full of dog urine.
I consider that the damage is intentional because the tenant allowed the dog to remain in the property when she was not living there and took no steps to ensure that it did not damage the property.
I am satisfied that the carpet needed to be replaced. Because it was covered by insurance, I have not needed to consider the total cost of replacement and age of the carpet. It is reasonable that the tenant pay the insurance excess of $750.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4810177 — Rent arrears

At a glance

Tenancy Tribunal case 4810177 — 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