What was Tenancy Tribunal case 4820257 about?

The tribunal order states: Warren Kaweka-Gedye must pay [The landlord/s] $3,083.61 immediately,

How much money was awarded in case 4820257?

Cleaning: $494.00 awarded to landlord; Rubbish Removal: $1,138.50 awarded to landlord; Enforcement: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $65.00 awarded to landlord; Property Damage: $335.23 awarded to landlord; Rent Arrears: $810.00 awarded to landlord

What type of tenancy dispute was case 4820257?

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

Where can I read the official tribunal order for case 4820257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10310812-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4820257 about?

The tribunal order states: Warren Kaweka-Gedye must pay [The landlord/s] $3,083.61 immediately,

How much money was awarded in case 4820257?

Cleaning: $494.00 awarded to landlord; Rubbish Removal: $1,138.50 awarded to landlord; Enforcement: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $65.00 awarded to landlord; Property Damage: $335.23 awarded to landlord; Rent Arrears: $810.00 awarded to landlord

What type of tenancy dispute was case 4820257?

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

Where can I read the official tribunal order for case 4820257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10310812-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 24 Boyd Avenue, Aramoho, Whanganui 4500 Tenancy Tribunal Case 4820257 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4820257 — net $3,083.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November(after deduction of bond	$810.00	Rent arrears to 6 November(after deduction of bond
Carpet Cleaning	$494.00	Carpet Cleaning
Cleaning: and rubbish removal	$1,138.50	Cleaning: and rubbish removal
Lawns and Garden work	$65.00	Lawns and Garden work
Repairs	$335.23	Repairs
Filing fee reimbursement: mediation 2022	$20.44	mediation 2022
Filing fee reimbursement	$20.44	mediation 2022
Enforcement	$200.00	Enforcement
Net award	$3,083.61
Total payable by Tenant to Landlord	$3,083.61

The landlord attended the hearing. There was no appearance from the tenant. Following a case conference on 22 March 2024 the parties were directed to file and serve evidence. The landlord complied with the directions. No evidence was received from the tenant.

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?

In an order dated 19 October 2023, the tenancy was terminated, and possession granted to the landlord on 25 October 2023. The tenant did not vacate. The landlord gave the tenant a couple more days to leave, but when he did not do so, they had to taken enforcement action. He was evicted on 6 November 2023. The landlord provided rent records which show that the which prove the amount owing at the end of the tenancy, once the bond had been deducted was $810.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord provided photographs showing tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord submitted an invoice for cleaning and rubbish removal for $1,138.50 and lawn mowing and tidying for $65.00.

There were a number of large stains on the carpet and I accept that cleaning was required. The landlord submitted and invoice for $494.00.

The amounts ordered are proved.

The tenant must also leave all chattels provided for their benefit. The smoke alarms and a sink plug were missing. The labour and materials for these were included in an invoice for repairs outlined below.

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 provided photographs of the property at the start and end of the tenancy. Although some carpet has been replaced, the landlord sought only the cleaning cost which has been ordered as set out above.

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: removal of smoke alarms, broken hinges and sink plug.

An invoice for $335.22 covering labour and materials for these matters was provided. That amount is ordered

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

Two further filing fees were also sought. One for proceedings numbered 4676152 was ordered on 19 October 2023. Therefore I cannot make a further order for that one. I order a further $20.44 for a filing fee incurred early in the tenancy which was settled at mediation.

Because the tenant did not comply with the earlier possession order, and the landlord had to pay for enforcement action, I order a further $200 to cover the enforcement fee.

Claims and awards in Tenancy Tribunal application 4820257 — net $3,083.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November(after deduction of bond	$810.00	Rent arrears to 6 November(after deduction of bond
Carpet Cleaning	$494.00	Carpet Cleaning
Cleaning: and rubbish removal	$1,138.50	Cleaning: and rubbish removal
Lawns and Garden work	$65.00	Lawns and Garden work
Repairs	$335.23	Repairs
Filing fee reimbursement: mediation 2022	$20.44	mediation 2022
Filing fee reimbursement	$20.44	mediation 2022
Enforcement	$200.00	Enforcement
Net award	$3,083.61
Total payable by Tenant to Landlord	$3,083.61

Order

Warren Kaweka-Gedye must pay [The landlord/s] $3,083.61 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. There was no appearance from the tenant. Following a case conference on 22 March 2024 the parties were directed to file and serve evidence. The landlord complied with the directions. No evidence was received from the tenant.
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?

In an order dated 19 October 2023, the tenancy was terminated, and possession granted to the landlord on 25 October 2023. The tenant did not vacate. The landlord gave the tenant a couple more days to leave, but when he did not do so, they had to taken enforcement action. He was evicted on 6 November 2023. The landlord provided rent records which show that the which prove the amount owing at the end of the tenancy, once the bond had been deducted was $810.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord submitted an invoice for cleaning and rubbish removal for $1,138.50 and lawn mowing and tidying for $65.00.
There were a number of large stains on the carpet and I accept that cleaning was required. The landlord submitted and invoice for $494.00.
The amounts ordered are proved.
The tenant must also leave all chattels provided for their benefit. The smoke alarms and a sink plug were missing. The labour and materials for these were included in an invoice for repairs outlined below.

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 provided photographs of the property at the start and end of the tenancy. Although some carpet has been replaced, the landlord sought only the cleaning cost which has been ordered as set out above.
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: removal of smoke alarms, broken hinges and sink plug.
An invoice for $335.22 covering labour and materials for these matters was provided. That amount is ordered
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Two further filing fees were also sought. One for proceedings numbered 4676152 was ordered on 19 October 2023. Therefore I cannot make a further order for that one. I order a further $20.44 for a filing fee incurred early in the tenancy which was settled at mediation.
Because the tenant did not comply with the earlier possession order, and the landlord had to pay for enforcement action, I order a further $200 to cover the enforcement fee.

Tenancy Tribunal case 4820257 — Rent arrears at Unit/Flat A, 24 Boyd Avenue, Aramoho, Whanganui 4500

At a glance

Tenancy Tribunal case 4820257 — Rent arrears at Unit/Flat A, 24 Boyd Avenue, Aramoho, Whanganui 4500

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