What was Tenancy Tribunal case 4812077 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,232.09 immediately, calculated as

How much money was awarded in case 4812077?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $136.93 awarded to landlord; Rent Arrears: $1,642.86 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rubbish Removal: $179.86 awarded to landlord; Rubbish Removal: $384.00 awarded to landlord; Rubbish Removal: $798.00 awarded to landlord

What type of tenancy dispute was case 4812077?

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

Where can I read the official tribunal order for case 4812077?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10334563-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4812077 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,232.09 immediately, calculated as

How much money was awarded in case 4812077?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $136.93 awarded to landlord; Rent Arrears: $1,642.86 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rubbish Removal: $179.86 awarded to landlord; Rubbish Removal: $384.00 awarded to landlord; Rubbish Removal: $798.00 awarded to landlord

What type of tenancy dispute was case 4812077?

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

Where can I read the official tribunal order for case 4812077?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10334563-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4812077 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4812077 — net $3,232.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/05/24	$1,642.86	Rent arrears to 14/05/24
Rubbish removal: Skip pre vacating	$798.00	Rubbish removal: Skip pre vacating
Rubbish removal: post vacating	$384.00	Rubbish removal: post vacating
Rubbish removal: Empty and clean contaminated council bins	$179.86	Rubbish removal: Empty and clean contaminated council bins
Cleaning: Interior	$800.00	Cleaning: Interior
Replace furnishings: Carpet - insurance excess	$1,150.00	Replace furnishings: Carpet - insurance excess
Window repairs	$136.93	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,232.09
Total payable by Tenant to Landlord	$3,232.09

Ms [T] and Ms [Y] attended the hearing on behalf of the landlord. The tenants did not attend.

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 15 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,092.86. The tenant has made nine payments of $50.00 each week since the tenancy ended leaving a current balance owing of $1,642.86.

The amount ordered is proved.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The tenant gave notice (on 8 January 2024) that they intended to leave the tenancy on 5 February 2024 but were unable to do so. The landlord helped the process by providing two skips to enable the tenant to more easily sort their belongings prior to vacating.

The landlord gave evidence that the tenant agreed to compensate them for the provision of these skips (totalling $798.00).

The tenant did not leave the premises reasonably clean and tidy at the end of the tenancy and did not remove all rubbish.

The landlord was required to remove and dispose of additional rubbish left at the premises at a cost of $384.00.

The tenant left the council bins full of mixed rubbish meaning they had to be transported to the dump on a trailer, emptied, cleaned and returned to the property at a cost of $179.86.

The interior of the property required extensive cleaning throughout at a cost of $800.00.

The landlord provided photographs and invoices to support these claims.

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 under sections 40(2)(a), 41 and 49B of the Act.

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 under section 49B(3)(a) of the Act.

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 under section 49B(1) of the Act.

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).

At a scheduled inspection on 9 January 2024, the landlord’s noticed considerable pet urine staining on the carpet, particularly to one area of the entryway. Photographs were taken and an insurance claim was made.

At the post tenancy inspection (on 15 March 2024), it was clear that the staining and damage had got worse. There was reference to pet urine, vomit, and faeces throughout the house.

The landlord is claiming the insurance excess in relation to the carpet replacement being $1,150.00.

A window in the lounge was cracked. The cost to repair was $136.93.

Invoices, quotations, insurance details, photographs and oral evidence were supplied to support the landlord’s claims and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. Filing fee and suppression

As [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord applied for suppression in the application and as they have been successful, I must order that their names and identifying details not be published.

I have extended the suppression to the tenants due to other proceedings relating to the end of the tenancy.

Claims and awards in Tenancy Tribunal application 4812077 — net $3,232.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/05/24	$1,642.86	Rent arrears to 14/05/24
Rubbish removal: Skip pre vacating	$798.00	Rubbish removal: Skip pre vacating
Rubbish removal: post vacating	$384.00	Rubbish removal: post vacating
Rubbish removal: Empty and clean contaminated council bins	$179.86	Rubbish removal: Empty and clean contaminated council bins
Cleaning: Interior	$800.00	Cleaning: Interior
Replace furnishings: Carpet - insurance excess	$1,150.00	Replace furnishings: Carpet - insurance excess
Window repairs	$136.93	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,232.09
Total payable by Tenant to Landlord	$3,232.09

Order

[The tenant/s] must pay [The landlord/s] $3,232.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Ms [T] and Ms [Y] attended the hearing on behalf of the landlord. The tenants did not attend.
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 15 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,092.86. The tenant has made nine payments of $50.00 each week since the tenancy ended leaving a current balance owing of $1,642.86.
The amount ordered is proved.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant gave notice (on 8 January 2024) that they intended to leave the tenancy on 5 February 2024 but were unable to do so. The landlord helped the process by providing two skips to enable the tenant to more easily sort their belongings prior to vacating.
The landlord gave evidence that the tenant agreed to compensate them for the provision of these skips (totalling $798.00).
The tenant did not leave the premises reasonably clean and tidy at the end of the tenancy and did not remove all rubbish.
The landlord was required to remove and dispose of additional rubbish left at the premises at a cost of $384.00.
The tenant left the council bins full of mixed rubbish meaning they had to be transported to the dump on a trailer, emptied, cleaned and returned to the property at a cost of $179.86.
The interior of the property required extensive cleaning throughout at a cost of $800.00.
The landlord provided photographs and invoices to support these claims.
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 under sections 40(2)(a), 41 and 49B of the Act.
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 under section 49B(3)(a) of the Act.
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 under section 49B(1) of the Act.
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).
At a scheduled inspection on 9 January 2024, the landlord’s noticed considerable pet urine staining on the carpet, particularly to one area of the entryway. Photographs were taken and an insurance claim was made.
At the post tenancy inspection (on 15 March 2024), it was clear that the staining and damage had got worse. There was reference to pet urine, vomit, and faeces throughout the house.
The landlord is claiming the insurance excess in relation to the carpet replacement being $1,150.00.
A window in the lounge was cracked. The cost to repair was $136.93.
Invoices, quotations, insurance details, photographs and oral evidence were supplied to support the landlord’s claims and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. Filing fee and suppression
As [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord applied for suppression in the application and as they have been successful, I must order that their names and identifying details not be published.
I have extended the suppression to the tenants due to other proceedings relating to the end of the tenancy.

Tenancy Tribunal case 4812077 — Rent arrears

At a glance

Tenancy Tribunal case 4812077 — 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