What was Tenancy Tribunal case 4813739 about?

The tribunal order states: Nazreen Mohammed must pay [The landlord] $6,555.02 immediately,

How much money was awarded in case 4813739?

Eviction Warrant: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4661157 D…: $4,341.87 awarded to landlord; Property Damage: $462.30 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Unblock drains from tenants putting…: $180.00 awarded to landlord; Rubbish Removal: $3,093.50 awarded to landlord; Water Rates: $461.91 awarded to landlord

What type of tenancy dispute was case 4813739?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4813739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10913965-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4813739 about?

The tribunal order states: Nazreen Mohammed must pay [The landlord] $6,555.02 immediately,

How much money was awarded in case 4813739?

Eviction Warrant: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4661157 D…: $4,341.87 awarded to landlord; Property Damage: $462.30 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Unblock drains from tenants putting…: $180.00 awarded to landlord; Rubbish Removal: $3,093.50 awarded to landlord; Water Rates: $461.91 awarded to landlord

What type of tenancy dispute was case 4813739?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4813739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10913965-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4813739 — Property damage

Claims and awards in Tenancy Tribunal application 4813739 — net $6,555.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4661157 dated 07/09/2023	$4,341.87	Previous order application 4661157 dated 07/09/2023
Rubbish removal, general cleaning of house and walls, pest control for rodents	$3,093.50	Rubbish removal, general cleaning of house and walls, pest control for rodents
Water rates: (to 22 September 2023	$461.91	4. The landlord has applied for water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Lock/key replacement	$462.30	Lock/key replacement
Repairs: Damaged insinkerator removal and restoration of normal drainage	$345.00	Repairs: Damaged insinkerator removal and restoration of normal drainage
Repairs: Unblock drains from tenants putting bones down the insinkerator	$180.00	Repairs: Unblock drains from tenants putting bones down the insinkerator
Eviction warrant	$200.00	Eviction warrant
Repairs: Fence repair	$150.00	Repairs: Fence repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,555.02
Total payable by Tenant to Landlord	$6,555.02

Claims and awards in Tenancy Tribunal application 4813739 — net $6,555.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4661157 dated 07/09/2023

$4,341.87

Previous order application 4661157 dated 07/09/2023

Rubbish removal, general cleaning of house and walls, pest control for rodents

$3,093.50

Rubbish removal, general cleaning of house and walls, pest control for rodents

Water rates: (to 22 September 2023

$461.91

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

Lock/key replacement

$462.30

Lock/key replacement

Repairs: Damaged insinkerator removal and restoration of normal drainage

$345.00

Repairs: Damaged insinkerator removal and restoration of normal drainage

Repairs: Unblock drains from tenants putting bones down the insinkerator

$180.00

Repairs: Unblock drains from tenants putting bones down the insinkerator

Eviction warrant

$200.00

Eviction warrant

Repairs: Fence repair

$150.00

Repairs: Fence repair

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,555.02

Total payable by Tenant to Landlord

$6,555.02

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

On 7 September 2023 the Tribunal made an order under applications 4661157 relating to this tenancy, for rent arrears of $4,321.43 and the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $4,341.87.

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

How much is owed for water rates?

The tenancy ended on 22 September 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy, being $461.91.

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 return the keys.

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 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 following damage was caused during the tenancy: a. Damaged the insinkerator by placing items into it that were not able to be disposed of in a waste disposal unit. The plumber found chunks of bone in the waste disposal unit that had damaged it beyond repair. The unit had to be removed and the sink returned to normal drainage; and b. The fence was broken by the tenant when moving his personal belongings out of the premise at the end of the tenancy.

I am satisfied that this damage is because of the tenant’s carless acts or omissions and that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

I have not accepted the landlord’s claims for the cost of repairing a leaking shower and replacement of the bottom trim as I am satisfied that this damage is as a result of fair wear and tear and as such the cost should be borne by the landlord.

I have also dismissed the landlord’s claim for compensation for the cost of cleaning mould off the deck and fence as I am satisfied that this damage is as a result of fair wear and tear and as such the cost should be borne by the landlord. Reimbursement of filing fee

Because [The applicant] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

The landlord applies for non-publication of her name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in her proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4813739 — net $6,555.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4661157 dated 07/09/2023	$4,341.87	Previous order application 4661157 dated 07/09/2023
Rubbish removal, general cleaning of house and walls, pest control for rodents	$3,093.50	Rubbish removal, general cleaning of house and walls, pest control for rodents
Water rates: (to 22 September 2023	$461.91	4. The landlord has applied for water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Lock/key replacement	$462.30	Lock/key replacement
Repairs: Damaged insinkerator removal and restoration of normal drainage	$345.00	Repairs: Damaged insinkerator removal and restoration of normal drainage
Repairs: Unblock drains from tenants putting bones down the insinkerator	$180.00	Repairs: Unblock drains from tenants putting bones down the insinkerator
Eviction warrant	$200.00	Eviction warrant
Repairs: Fence repair	$150.00	Repairs: Fence repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,555.02
Total payable by Tenant to Landlord	$6,555.02

Claims and awards in Tenancy Tribunal application 4813739 — net $6,555.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4661157 dated 07/09/2023

$4,341.87

Previous order application 4661157 dated 07/09/2023

Rubbish removal, general cleaning of house and walls, pest control for rodents

$3,093.50

Rubbish removal, general cleaning of house and walls, pest control for rodents

Water rates: (to 22 September 2023

$461.91

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

Lock/key replacement

$462.30

Lock/key replacement

Repairs: Damaged insinkerator removal and restoration of normal drainage

$345.00

Repairs: Damaged insinkerator removal and restoration of normal drainage

Repairs: Unblock drains from tenants putting bones down the insinkerator

$180.00

Repairs: Unblock drains from tenants putting bones down the insinkerator

Eviction warrant

$200.00

Eviction warrant

Repairs: Fence repair

$150.00

Repairs: Fence repair

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,555.02

Total payable by Tenant to Landlord

$6,555.02

Order

Nazreen Mohammed must pay [The landlord] $6,555.02 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
On 7 September 2023 the Tribunal made an order under applications 4661157 relating to this tenancy, for rent arrears of $4,321.43 and the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $4,341.87.
The landlord has applied for water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 September 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy, being $461.91.

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 return the keys.
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 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 following damage was caused during the tenancy: a. Damaged the insinkerator by placing items into it that were not able to be disposed of in a waste disposal unit. The plumber found chunks of bone in the waste disposal unit that had damaged it beyond repair. The unit had to be removed and the sink returned to normal drainage; and b. The fence was broken by the tenant when moving his personal belongings out of the premise at the end of the tenancy.
I am satisfied that this damage is because of the tenant’s carless acts or omissions and that the damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I have not accepted the landlord’s claims for the cost of repairing a leaking shower and replacement of the bottom trim as I am satisfied that this damage is as a result of fair wear and tear and as such the cost should be borne by the landlord.
I have also dismissed the landlord’s claim for compensation for the cost of cleaning mould off the deck and fence as I am satisfied that this damage is as a result of fair wear and tear and as such the cost should be borne by the landlord. Reimbursement of filing fee
Because [The applicant] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord applies for non-publication of her name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in her proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4813739 — Property damage

At a glance

Tenancy Tribunal case 4813739 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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